Special Conditions Multi-Lots Multi-Clients (MLMC)

Transcription

1 Special Conditions Multi-Lots Multi-Clients (MLMC) Multi-Lots Multi-Clients (MLMC) is Fret SNCF's service offering for single-wagon conveyance. 1. Definitions Single wagon: consignment consisting of a single wagon or group of wagons, transport of which passes through at least one platform. Order Manager: SNCF staff member responsible for managing orders and monitoring order fulfilment. Connection: point of origin/destination of a consignment. Platform: consolidation point at the end of a route which receives and categorises wagons coming from consignors sites and those to be delivered to destination sites. Route: regular railway connection between a platform of origin and a destination platform. Last mile service: carriage performed between a handover or delivery site and a platform. Alternative single wagon: commercialisation of end-to-end international single wagon services as part of an outsourcing agreement with our partners from the SNCF Logistics group. 2. Purpose - scope of application These Special Conditions apply when a MLMM Customer Agreement has been concluded between Fret SNCF and its customer. They describe the MLMC service offering and the transport arrangements for loaded single wagons transported by Fret SNCF or under its responsibility. Single wagons will not be accepted for transport by Fret SNCF or by a carrier acting on behalf of Fret SNCF unless subject to a duly signed Customer Agreement. The MLMC service offering is open to international traffic in accordance with the conditions defined in the Customer Agreement. The conditions of carriage for empty single wagons are specified in the Customer Agreement or are subject to a special agreement. Commercial Conditions - Fret SNCF 1 January

2 3. Terms and conditions of acceptance Wagons are accepted for the MLMC service on the basis of the connections set out in a Customer Agreement and in accordance with the following three terms and conditions: Priority wagons Wagons ordered and handed over according to the schedule approved by Fret SNCF in accordance with the provisions of articles 5.1 and 5.2. They are given priority for inclusion on MLMC trains and are subject to the delivery deadlines provided for in article 4. Additional wagons Wagons handed over at routes that have been ordered: - to be handed over on a day other than the day agreed in the schedule, - or in addition to the number of wagons ordered, - or handed over during a week in which an order has not been made. They are subject to the delivery deadlines provided for in article 4. Transport of priority wagons and transport of additional wagons are invoiced at the same price. Spot wagons Wagons handed over at routes that have not been part of a monthly order. They are transported according to the means available and are not subject to the delivery deadlines provided for in article 4. Transport of spot wagons is subject to specific pricing as defined in the Customer Agreement. Commercial Conditions - Fret SNCF 1 January

3 4. Commitments The MLMC service offering is based on reciprocal commitments Fret SNCF commitments Fret SNCF undertakes to: provide transport on the connections and under the conditions laid down in the Customer Agreement, comply with the delivery deadlines for priority and additional wagons specified for each connection (from collection to delivery of wagons) in the Customer Agreement, inform the Customer, through Fret SNCF s Clic Services web portal, of the conditions governing order fulfilment and tracking, 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 its transport requirements for each connection and to classify them in the specific order system, adhere to the order schedule defined in article 5.1 hereafter, pay transport costs as well as any applicable penalties, comply with the financial conditions defined by articles 6.1 and 6.2 hereafter, observe the maximum size of groups of wagons handed over per day and per connection (origin/destination) as agreed with Fret SNCF in the Customer Agreement. 5. Orders 5.1. The order schedule The order schedule is described in the table below, whereby Y is the year in which consignments are handed over M is the month in which consignments are handed over W is the week in which consignments are handed over Commercial Conditions - Fret SNCF 1 January

4 Stages Who? By (deadline) 1 - Forecast in annual volume per connection Customer ( 1 ) October Y Orders The order is classified: In weekly volume per route and/or per connection for each week Orders can be entered for several consecutive weeks. In this case, the order can be modified for each week until Tuesday of W-2 of the week concerned Customer Tuesday evening of W-2 Schedule 3.1 Proposed schedule in daily volumes per route (or per connection if the order has been classified per connection) for the following week 3.2 Changes to the schedule proposed by Fret SNCF 3.3 Final approval of the schedule Fret SNCF Customer Fret SNCF Monday morning of W-1 Wednesday evening of W-1 Friday noon of W The order The customer makes the order via Fret SNCF s Clic Services portal in accordance with the deadlines described above. It must contain at least the following information: The number of wagons per route per week, the Customer Agreement number. 1 Or 3 months before the beginning of the Customer Agreement's validity period if the Agreement becomes valid during the current calendar year Commercial Conditions - Fret SNCF 1 January

5 The proposed schedule prepared by Fret SNCF on Monday morning applies as a final order for week W+1. The sum of final weekly orders for a given month is used as the monthly order total for calculation of penalties and compensation. Wagons ordered but not handed over are considered missing from the order. Wagons are not dispatched if no order has been placed. Hence, any wagons that have been handed over are considered as additional wagons Order modification Subject to the provisions of article 5.1 above, orders may be modified by the customer until Tuesday evening of W-2 for week W Order tracking Order information is provided via the Clic Services web portal. The customer can contact the Order Manager during office hours. The Order Manager is the only person authorised to supply information to the customer and to designated persons specified in the Customer Agreement. The Order Manager s contact details are provided in the Customer Agreement. 6. Financial conditions 6.1. Transport prices Transport prices per connection and per wagon are set out in the Customer Agreement for priority wagons, additional wagons and spot wagons. These prices may include carriage of empty wagons and/or provision of wagons by Fret SNCF as the case may be. Invoicing and payment conditions are set out in Fret SNCF's General Sales and Transport Conditions Penalties Penalty charges shall apply if a customer hands over less than 90% of the wagons ordered for a given month and on a given route. Commercial Conditions - Fret SNCF 1 January

6 The exemption on 10% of ordered wagons, to which no penalty shall apply, enables allowance to be made on a flat-rate basis for particular events (empty/loaded sequences, supply of wagons or postponed services, etc.) causing delays to handover of loaded wagons ordered. Consequently, the customer may not request compensation should these particular events occur. Penalties are invoiced monthly and per route according to the following formula: [[Number of wagons ordered on the route x 0.9] - number of wagons handed over on the axis] x amount of the penalty 2. The applicable penalty amounts are set out in the Customer Agreement. An overview table of monthly penalty amounts will be made available in Info Facture for each invoice issued Financial compensation Fret SNCF undertakes to deliver priority and additional wagons within the period specified in the Customer Agreement, with a reliability rate of 90%. The compensation payable for priority and additional wagons in the event of a delay is specified in articles and 6.3.2, it being stipulated that in both cases, the number of wagons subject to compensation may not exceed 90% of the number of wagons ordered. Wagons delivered after the deadline due to industrial action or an event for which Fret SNCF cannot be held liable, particularly changes to conditions of access to infrastructure whereby the consequences become known to Fret SNCF only after conclusion of the Customer Agreement, shall not be taken into account when calculating the reliability rate. The reliability rate is calculated monthly for wagons handed over during the month 3. An overview table of monthly compensation amounts will be made available in Info Facture for each credit note issued. Fret SNCF will issue the corresponding credit note, the amount of which is credited to the customer s account. In the event that the customer is also the keeper or the authorised user according to the GCU, compensation will not be added to daily compensation paid for loss of use as a result of the delay. 2 Decimal values are rounded up mathematically with a minimum value of 1 wagon exemption. ³ For handovers departing from France or abroad whereby SNCF applies an obligation for the route in its entirety, the departure date used for delay calculation is the date of takeover of the wagon by SNCF, shown in box 56 of the consignment note. In all other cases, the takeover date is the date of border crossing. For wagons that SNCF is unable to deliver due to refusal at the destination site, the date of the first wagon delivery attempt is used to calculate the delay. Commercial Conditions - Fret SNCF 1 January

7 Compensation for priority wagons If the reliability rate per connection is less than 90%, compensation is pad for wagons that fail to meet the contractual transport deadline based on the duration of the delay. The number of priority wagons entitled to compensation is determined as follows: (number of priority wagons for a relation x 0.9) (number of priority wagons on time for the connection): for delays of less than or equal to two working days: flat-rate compensation payment of 30 for each wagon thus delayed, for delays of more than two working days and less than or equal to four working days: flat-rate compensation payment per connection and per wagon thus delayed, as specified in the Customer Agreement, for delays of more than four working days: flat-rate compensation payment per connection and per wagon thus delayed, as specified in the Customer Agreement Compensation for additional wagons Compensation is paid for additional wagons not delivered on D or D+1 (D being the delivery date agreed in the Customer Agreement), up to a maximum of 90% of the number of nonpriority wagons ordered, based on the duration of the delay: for delays of more than one working day and less than or equal to three working days: flat-rate compensation payment of 30 for each wagon thus delayed. for delays of more than or equal to four working days: flat-rate compensation payment per connection and per wagon thus delayed, as specified in the Customer Agreement. The terms and conditions applied per contract are as follows: 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 pay compensation for a number of wagons equal to Y-X only if X is less than Y. Compensation will be paid for the number Y-X of additional wagons with the highest amounts of compensation. Commercial Conditions - Fret SNCF 1 January

8 Commercial Conditions - Fret SNCF 1 January