Special Conditions MULTI-LOAD/MULTI-CUSTOMER ( MLMC )

Transcription

1 Special Conditions MULTI-LOAD/MULTI-CUSTOMER ( MLMC ) Translation from French: In case of discrepancy in the translation, the French version shall prevail. MLMC is the only offer from Fret SNCF for the transport of single wagons. 1. Definitions Single wagon: consignment made up of a wagon or group of wagons, transport of which passes through at least one platform. Order Manager: SNCF staff managing and monitoring the realisation of orders. Relation: origin / destination of a transport. Platform: meeting point at the end of an axis which receives and classifies wagons from consignee sites and those to be delivered to destination sites. Axis: regular railway relation between an origin platform and a destination platform. Last mile service: transport carried out between a storage or delivery site and a platform. 2. Purpose Scope These Special Conditions apply as long as a special agreement, called customer agreement is concluded between Fret SNCF and its Customer. They describe the MLMC offer and the transport conditions of loaded single wagons carried out by Fret SNCF or under its responsibility. No single wagon will be accepted for transport by Fret SNCF or by a carrier acting on behalf of Fret SNCF if it has not been agreed on in duly signed customer agreement. MLMC offer is open to international traffic in accordance with the conditions defined in the customer agreements. The transport conditions of the empty single wagons are specified in the customer agreement or in a special agreement Fret SNCF Terms of Sale 1 st January 2014

2 3. Acceptance conditions and rules Wagons are accepted in the MLMC offer on the terms laid down in a customer agreement and under the three following conditions: Priority wagons Wagons ordered and delivered in accordance with the dispatch pattern confirmed by Fret SNCF pertaining to the stipulations of article 5.1 and 5.2. They benefit from priority inclusion in MLMC trains and from the guaranteed transport time laid down in article 4. Additional wagons Wagons handed over on axes which have been the subject of a pre order and an order: - handed over on a different day from the day agreed upon in the daily distribution, - in addition to the number of wagons ordered. They benefit from the guaranteed transport time provided for in article 4. The transport of the priority wagons and the additional wagons is invoiced at the same price. Spot wagons Wagons handed over on axes which have not been the subject of a pre order. They are transported depending on the available means and do not benefit from the guaranteed transport time provided for in article 4. Transport of the spot wagons is subject to a special price defined by the Customer Agreement Fret SNCF Terms of Sale 1 st January 2014

3 4. Commitments MLMC offer is based on reciprocal commitments 4.1. Fret SNCF commitments Fret SNCF undertakes: to provide transport on the relations and under the conditions laid down in the customer agreement, to respect, for priority and additional wagons, the guaranteed transport time for each relation (from pick-up to delivery of wagons) laid down in the customer agreement, to advise the Customer, through Fret SNCF internet portal Clic Services, of the conditions of realisation of the orders and monitoring of the transports, to pay financial compensation if the guaranteed transport time is not respected, in accordance with the conditions laid down in article Customer commitments The Customer undertakes: to provide Fret SNCF with an annual forecast of his transport requirements per relation and to specify them in the detailed ordering system, to respect the order programme defined in article 5.1 below, to pay the cost of the transport as well as the possible penalties, to respect the financial conditions defined by articles 6.1, 6.2 and 6.4 below, to respect the maximum size of wagon(s) lots handed over, per day and per relation (origin/destination), as agreed with Fret SNCF in the Customer Agreement. 5. The orders 5.1 The order programme The order programme is described in the table below where - Y is the year during which goods to be sent are handed over - M is the month during which goods to be sent are handed over - W is the week during which goods to be sent are handed over Fret SNCF Terms of Sale 1 st January 2014

4 Stages Who At the latest 1 Forecasts in volumes per relation 2 Monthly Pre orders on monthly volumes per axis The Customer can choose to express his pre orders per relation 3 Orders The order can vary by + / - 20% in relation to the pre order* In all cases the Customer will have the possibility of varying the order within a range of plus or minus 5 wagons in relation to its pre order. Customer October Y-1 1 Customer On the 15 th of M-2 Customer On the 15 th of M-1 The order is divided into weekly volumes per axis and/or per relation * Orders over and above 120% of the pre order may be accepted provided that Fret SNCF agrees, and depending on the available capacity. 4 Dispatch process of the order 4.1 Dispatch proposal of the order on daily volumes per axis (or per relation when the Customer has specified it when placing the order) Fret SNCF On the 23 rd of M Change in the dispatch pattern, if the client so wishes Definitive confirmation of the dispatch pattern Customer Thursday noon of W- 1 Fret SNCF Friday noon of W-1 1 Or 3 months before the start of the customer agreement validity if the latter starts during the course of a calendar year Fret SNCF Terms of Sale 1 st January 2014

5 5.2 The pre order and the order They are placed by the Customer via the «Clic Services» portal of Fret SNCF, observing the time limits described above. They must at least include the following information: the number of monthly wagons per axis (pre order) and weekly wagons per axis (order), the Customer Agreement number. Ordered and not handed over wagons will be considered de facto as missing wagons in relation to the order. In case of orders overtaking 120% of the pre order, the volumes dispatched by Fret SNCF the 23 rd of M-1 represent the definitive order. 5.3 Modification of orders Subject to the stipulations of article 5.1 below, an order can be modified or cancelled without any consequence for the Customer until the 15th of M-1. After this date, any order is considered as firm and final. 5.4 Monitoring of the orders Information relating to an order can be provided via the Clic Services internet portal. The Customer is able to contact, during opening hours, the Order Manager, solely authorised to supply information to the Customer and to people designated by name in the customer agreement. The Order Manager s contact details appear in the customer agreement. 6 Financial conditions 6.1 Transport prices The transport prices per relation and per wagon for priority wagons, additional wagons and spot wagons are provided for in the Customer Agreement. Depending on the case, they can include the transport of empty wagons and/or the supply of the wagons by Fret SNCF. The invoicing and payment conditions are, failing a special agreement between Fret SNCF and the Customer, those provided by Fret SNCF s General Terms and Conditions for Sale and Transport (GTCST) Fret SNCF Terms of Sale 1 st January 2014

6 6.2. Penalties If a customer hands over less than 90% of the wagons ordered for transport, for a given month and on a given axis, penalties will be invoiced to him. The exemption of 10% of ordered wagons, on which no penalty applies, makes it possible to take into account on a flat-rate basis particular events (empty/loaded chains, supply of wagons or postponed services, ) causing delay in the hand-over of ordered wagons. Consequently, the customer cannot request any compensation should these particular events occur. Penalties are invoiced monthly and per axis in accordance with the following formula: [Sum of the wagons ordered on the axis x 0.9] - sum of the wagons handed over on the axis] x amount of the penalty 2. The amount of the penalties applicable is included in the customer agreement. A table summarizing the monthly amount of penalties will be available in Info Facture Financial compensations Fret SNCF undertakes to deliver the priority and additional wagons within the guaranteed transport time provided for by the customer agreement, with a reliability rate of 90 %. In the event of delay, the compensation applied to priority and additional wagons is laid down in articles et 6.3.2, it being specified that in both cases, the number of wagons subject to compensation cannot exceed 90% of the number of ordered wagons. Wagons delivered after the guaranteed transport time because of industrial action or an event not attributable to Fret SNCF, in particular a modification of the access conditions to the infrastructure the consequences of which would be known by Fret SNCF after the conclusion of the Customer Agreement, are not taken into account in the reliability calculation. The reliability calculation is carried out monthly, for each relation, for the wagons handed over during the month 3. A summary table of the monthly amount of compensations will be available in Info Facture. Fret SNCF will issue a corresponding credit note, the amount of which will be credited to the Customer s account. 2 If there is a decimal value, it will be rounded up mathematically with a minimum value of a 1 wagon free allowance. 3 For wagons handed over in France and in Europe only in the case SNCF offers a guaranteed transport time from end to end, departure date taken in account for delay calculation is the date in box 56 of the Consignment Note. For wagons not delivered due to destination site, the date of first presentation of the wagon is taken in account Fret SNCF Terms of Sale 1 st January 2014

7 In case the Customer is also the holder or the authorized party according to the GCU, compensations are not added to the daily indemnities for loss of possession because of the delay Compensations for priority wagons If the reliability rate per relation is lower than 90%, compensation is paid for wagons which exceed the contractual transport deadline, according to the duration of the delay. The number of priority wagons acquiring the right to compensation is determined in the following way: (number of priority wagons for a relation x 0,9) (number of priority wagons on time on this relation): for a delay less than or equal to 2 working days: fixed-price compensation payment of 30 /wagon thus delayed, for a delay of more than two working days and below or equal to 4 working days: fixed-price compensation payment per relation and per wagon thus delayed, as laid down in the customer agreement, for a delay of more than 4 working days: fixed-price compensation payment per relation and per wagon thus delayed, as laid down in the customer agreement Compensations for additional wagons Compensation is paid for additional wagons, within the limit of 90% of the number of nonpriority wagons ordered, according to the duration of the delay: for a delay of more than one working day and less than or equal to 3 working days: fixed-price compensation payment of 30 / wagon thus delayed, for a delay of more than or equal to 4 working days: fixed-price compensation payment per relation and per wagon thus delayed, as laid down in the customer agreement. The conditions applied per contract are the following: X being the number of additional wagons arriving on D and D+1 Y corresponding to 90% of the difference between the number of wagons ordered and the number of priority wagons Fret SNCF will only pay compensation for a number of wagons equal to Y-X if X is less than Y. Compensation will be paid for the number Y-X of additional wagons which have the highest amounts of compensation Annual bonus/malus system Bonus Fret SNCF Terms of Sale 1 st January 2014

8 For the bonus to be applicable, a target turnover is laid down in the customer agreement. Fret SNCF will grant a bonus when the two conditions stated below are fulfilled: At least 80% of wagons handed over during the year have been ordered The ordered turnover during the year increases over the previous year and is higher than the target turnover defined for the bonus in the customer agreement. The amount of the bonus is determined in accordance with the grid below 4 : Difference between the ordered turnover and the target turnover defined jointly Rate of bonus to be applied to the ordered turnover* 20% et + 18% à <20% 16% à <18% 14% à <16% 12% à <14% 10% à <12% 8% à <10% 6% à <8% 4% à <6% 2% à <4% 0%à < 2% 5% 4,50% 3,90% 3,30% 2,70% 2,10% 1,50% 1,20% 0,90% 0,60% 0,30% Malus Fret SNCF will invoice a malus when less than 80% of the wagons handed over during the year will have been ordered. The amount of the malus is determined in accordance with the grid below 4 : Ordered/handed over rate (volumes) <60 % Malus rate to be applied to the ordered turnover* 60% à <62% 62% à <64% 64% à <66% 66% à <68% 68% à <70% 70% à <72% 72% à <74% 74% à <76% 76% à <78% 78% à <80% 5% 4,50% 3,90% 3,30% 2,70% 2,10% 1,50% 1,20% 0,90% 0,60% 0,30% 0% *Rate applies to the total turnover realised by the Customer in the year in question on the scoper of the MLMC 4 offer, excluding penalties and other railway undertakings shares. 80% et + Fret SNCF will inform the Customer of the result of the bonus/malus calculation and: - in the case of a bonus, will issue a credit note the amount of which will be credited to the Customer s account, - in the case of a malus, will issue an invoice which the Customer undertakes to settle in accordance with the payment terms of the GTCST. 4 If the customer has several Customer Agreements, the stipulations of Article 6.4 apply: - to the target turnover defined for the bonus in the framework contract - to the total turnover recorded with regard to the various agreements - to the accumulation of the wagons ordered/accumulation of wagons handed over in accordance with the various agreements, for the calculation of the malus and the bonus Fret SNCF Terms of Sale 1 st January 2014