CONDITIONS FOR SHIPPERS
General terms and conditions for shippers:
- Carrier: a legal person active as a carrier, registered with the Platform and capable of transporting goods.
- Transit Time: The time between loading a Shipment with the Carrier and delivery to the Consignee.
- Platform: Optimalogistic's online platform accessible via https://tms.optimalogistic.com/ through which Optimalogistic offers its Service
- Optimalogistic: The public company: "Optimalogistic SA"
- Shipper: legal person registered on the Platform and which must ship goods, may also be referred to as "the Customer".
- Final Customer: the recipient of the transport order, also called "receiver".
- User: any legal person who uses the Optimalogistic Service, either as a Shipper, or as a Carrier or by any other means.
2.1.Carriage contract -In the execution of the Services via the Optimalogistic Platform, Optimalogistic will act (and will be considered) as a freight forwarder as described in article 8:60 of the Tunisian Civil Code. The Shipper acknowledges and accepts that the use of the Services through the Platform constitutes a transport commission contract between the Shipper and Optimalogistic, and to which the most recent version of the Tunisian Shipping Conditions will apply.
2.2. Issuance of requests– La Plateforme permet à l'Expéditeur d'émettre des demandes de transport de marchandises par un Transporteur, également appelées ordre de transport. L'ordre de transport comprend les détails nécessaires pour un Transporteur, tels que l'emplacement des marchandises et la destination, une description des marchandises à transporter, y compris le poids et les dimensions, et d'autres informations pertinentes pour un Transporteur. Dans des cas particuliers, l'Expéditeur est en mesure d'émettre des demandes via l'intégration informatique. Les demandes seront alors envoyées automatiquement à la Plateforme via les systèmes de l'Expéditeur.
2.3. Accord via la plateforme- As soon as the shipper's transport order has been matched via the platform, the shipper will receive a written confirmation of the transport of the goods by the respective carrier. If the sender is integrated into the Optimalogistic platform, the order will automatically appear in the list of active orders. As soon as the order appears in this list, it will be deemed confirmed. If the Sender has deactivated confirmation by e-mail, the order will be considered confirmed as soon as it appears in the list of active orders. This confirmation will be taken into account as soon as the Sender and the respective Carrier conclude the agreement for the carriage of the goods.
2.4. Linking - As soon as the Shipper's transport order has been linked via the Platform with a Carrier, the details of the transport order will be transmitted as soon as possible via the Optimalogistic Platform to the Carrier concerned.
2.5. Carrier Terms and Conditions - The sender acknowledges and agrees that
a) the carriage of goods by the carrier may be subject to additional terms and conditions of the respective carrier,
b) Optimalogistic will not be responsible for the agreement under which the transport of goods will be executed, this agreement will be concluded under the sole responsibility of the Carrier and the Shipper and
c) Optimalogistic does not guarantee that for each request from a Shipper, a Carrier will be available.
2.6.In the event that Optimalogistic is considered an effective carrier by law, the following rules will apply to the relationship between Optimalogistic and the Shipper, and to these conditions:
For international transport by road: the CMR Convention and the conditions of the consignment note;
For national road transport, the Highway Code (Tunisia), latest version, and the consignment note conditions;
2.7.Unless expressly agreed otherwise, Optimalogistic does not support the transport of ADR and temperature-controlled goods.
2.8. Calculation of shipping size and loading meter- Optimalogistic supports shipping sizes with a maximum height of 220 cm and a maximum weight of 1750 kg per loading meter. As an indication, the load meters are calculated as follows: length (meters) x width (meters) / 2.4 = X meters of load. Optimalogistic reserves the right to adapt the calculation of loading meters and costs in the event of deviations from the maximum size and weight of the goods to be transported.
2.9. Unless expressly agreed otherwise, Optimalogistic does not provide a pallet exchange service.
2.10. It is not allowed to circumvent the Optimalogistic Service and to establish a commercial relationship with a Carrier that has been presented to the Shipper via the Optimalogistic platform.
3. Loading and unloading
3.1. Documentation and shipping labels – The Shipper must deliver the goods as specified in the transport order to Optimalogistic or to a third party mandated by Optimalogistic to carry out the transport to the address and at the time indicated in the shipping order. The shipper is responsible for issuing the correct shipping documents and address labels for each shipment.
3.2.Packing, labeling and securing the load - Goods on pallets must be properly packed to withstand normal transport handling (45 degree inclined road), securing cargo and sorting machinery, and to prevent damage to other goods . Containers containing liquids should be lined with sufficient absorbent material.All goods must be properly packed or tied and clearly labelled. Carrier will provide Shipper with functional cargo securing equipment and cargo aids such as tension straps or non-skid mats, free of charge, to the extent necessary or reasonable, unless otherwise required by law. Optimalogistic is not responsible for damage caused by the absence or insufficiency of packaging. The packaging must be suitable for the content. Optimalogistic reserves the right to refuse the goods upon collection and to cancel the transport order if the packaging is deemed insufficient or defective. In this case, the Shipper will pay Optimalogistic one hundred percent (100%) of the agreed remuneration and all additional costs incurred by the carrier to organize a collection.
3.3. Transport order information - In the request for conclusion of the transport order, the Shipper will inform Optimalogistic of the quality specifications and particularities of the transported goods necessary for contractual and legal performance. This includes information on weight, type, number of items, extent and weight of individual goods, packaging and palletization.
3.4. Give instructions – The Shipper has the right to give instructions to Optimalogistic in order to specify the service. If the Shipper does not give instructions or gives insufficiently comprehensible instructions or if the instructions cannot actually be executed, Optimalogistic will act at its sole discretion and reserves the right to cancel the transport order. Optimalogistic or the third party mandated to carry out the transport must draw the customers' attention to any manifest inaccuracy or infeasibility of the instructions issued by them. If, contrary to the information given to him, the Shipper insists on carrying out the instructions he has given, the Shipper must bear the resulting damages.
3.5. Loading and unloading times - Loading and unloading takes place during normal working hours between 08:00 and 17:00, unless explicitly agreed otherwise in writing. Any request from the Customer for loading/unloading at a specially agreed time or within a specially agreed period (including outside normal working hours) may be subject to a supplement at the sole discretion of Optimalogistic which will be determined in according to specific needs.
3.6. Driver instructions and free access - Loading/unloading requires free access, ie a support for a height of 4.50M and a length of a vehicle of 25.25M. Failure to comply will result in the transshipment of the goods to another vehicle at an additional cost. For international transport, the regulations in force in each country will apply.
3.7. Waiting times - The following deadlines apply for loading/unloading from the provision of the vehicle to the customer and the end customer, unless explicitly agreed otherwise in writing:
1-2pallets ; 15 minutes is the standard waiting time (no additional fees will be charged)
3-19 pallets ; 30 minutes is the standard waiting time (no additional fees will be charged)
20-33 pallets; 1 hour is the standard waiting time, 2 hours for international shipments (no additional fees will be charged)
waiting day : for a day of waiting 250 dinars will be charged.
Exceeding the standard waiting time specified above will result in additional costs for the Sender. Optimalogistic charges 20 dinars per 30 minutes late. The calculation will be made per 30 minutes, not per minute and will be rounded mathematically.
3.8. Signature on delivery – The customer is responsible for ensuring that an authorized person signs for the shipment upon delivery. Optimalogistic has no obligation to verify the identification information of this person.
4.Rates, supplements and payment
4.1. Prices – Unless expressly agreed otherwise in writing, the usual rates for Optimalogistic Services apply, which will be included in the price displayed on the screen when confirming an order or when considering such an order. The rates on the day the Shipper places the order are applicable.
4.2. Additional charges -If the goods to be transported within the framework of the transport order are subject to special costs not foreseen and/or not communicated to Optimalogistic at the time of the conclusion of the transport order, Optimalogistic is entitled to claim from the Customer compensation for these costs. as long as they were needed. All prices are based on the details previously indicated by the User. If corrections were to be made to the agreement between Shipper and Carrier, Optimalogistic is entitled to correct its prices accordingly. Optimalogistic reserves the right to charge a supplement for the following reasons:
If erroneous or incomplete information is given when concluding the transport order (see article 2.2, 3.3);
If the goods are incorrectly labeled and/or if the documentation is incorrect and/or insufficient (see article 3.1);
If the goods to be transported deviate from the maximum size and/or weight as specified in article 2.8;
If the goods to be transported are poorly packaged and/or if additional equipment is necessary for (un)loading (see article 3.2);
In the event of waiting and/or (unloading outside normal working hours as specified in Articles 3.5 and 5;
If the (un)loading cannot be carried out due to obstacles which were not foreseen and/or communicated to Optimalogistic at the time of the conclusion of the transport order, examples of such obstacles are Loading or unloading points are not accessible due to dangerous points or obstacles; The Sender, the end customer or any representative of one of these parties cannot be reached at the delivery address indicated; The Shipper, the end customer or any representative of any of these parties refuses to accept the goods;
Lack of necessary unloading equipment;
Blocked access to the collection and/or delivery point;
Transhipment due to local traffic regulations or limited accessibility; If the Shipper cancels the order (see article 5).
Please note that this list is not exhaustive and is intended for your convenience only.
4.3. Caution – Optimalogistic reserves the right to request an additional deposit in the form of a deposit.
4.4. Optimalogistic reserves the right to modify the costs and prices from time to time.
4.5. Optimalogistic prices are based on the Service via the Platform.
4.6. All prices published by Optimalogistic are exclusive of VAT, unless otherwise stated.
4.7.The Shipper pays the Transport costs through the Optimalogistic invoice. Optimalogistic inform the Shipper of its entire financial commitment, including the fee to the Carrier, VAT and all other rates and charges known to Optimalogistic.
4.8. Payments - The User accepts that the payment by the Shipper of the Transport costs by means of the Optimalogistic invoice releases the Shipper from its obligation to pay its debt towards the Carrier.
4.8.1. All payments to Optimalogistic must be made within fourteen (14) days from the invoice date, unless expressly agreed otherwise in writing.
4.9. Late payment – In case of late payment, Optimalogistic will be entitled to:
4.9.1. calculate the legal interest on the sums due;
4.9.2. after 15 days after the due date of the invoice, suspend the Sender's access to the Platform; and
4.9.3. after 20 days after the due date of the invoice and a payment reminder, call a collection agency and invoice the Sender for any collection costs (in addition to the initial amount of the invoice plus legal interest) .
4.10. Questions and complaints –
The customer must inform Optimalogistic of any question relating to any Optimalogistic invoice within 14 calendar days from the invoice date. If the customer does not do this, Optimalogistic will not be liable (whether in contract, tort, negligence or otherwise and howsoever caused) for any error in the invoice and Optimalogistic will not be required to refund any sums paid by the customer unless that the Customer can prove that:
4.10.1. it was not reasonably possible for the Customer to inform Optimalogistic of the request, or to confirm it in writing, within the period set out above;
4.10.2. the notification or confirmation was made at the first reasonable opportunity and in any event no later than 6 months after the invoice date.
5. Cancellation of order by the Customer
In the event of cancellation, Optimalogistic is entitled to claim part of the transport costs, these are constructed as follows:
5.1. 1 day before the scheduled loading day until 2 p.m. – The Customer can change the volume or cancel without being charged.
5.2. Entre 14h00 et 17h00 la veille du jour de chargement prévu, le client peut être facturé 70 % des frais de transport convenus.
5.3. Between 2 p.m. and 5 p.m. the day before the scheduled loading day, the customer may be charged 100% of the transport costs.
5.4.The scheduled loading day, the customer may be charged 100% of the transport costs.
6. Cancellation of order and termination of relationship by Optimalogistic
6.1. Cancellation by Optimalogistic – Optimalogistic reserves the right to cancel
6.2. Termination of the legal relationship – Optimalogistic will have the right to terminate immediately and without notice the legal relationship with a User, to terminate the Services and to remove a User from the Platform if:
b. the User does not or does not fully fulfill his obligations towards another User, or if the User so mentioned announces this intention;
c. Optimalogistic must be constrained by a court decision or if the service is prohibited by law or made impossible, either technically or economically;
d. Optimalogistic decides to cease its activity;
e. the User becomes bankrupt or requests bankruptcy or in the event of cessation of payment or judicial restructuring of his debt;
f. the User dies ;
g. Optimalogistic can under no circumstances be asked to terminate the contract.
6.3. Optimalogistic will never be responsible damages resulting from a termination as defined in article 8.1 and 8.2. The additional costs incurred by Optimalogistic will be borne by the Shipper.
7. Restrictions and Representations
7.1. An user may only use the Service if :
a. it is a commercial entity that uses the Service for itself or for third parties;
b. the legal representative of Optimalogistic has all the rights and powers to conclude this in its name and in the name of the employer/company/organization to which it belongs;
c. the legal representative is at least 18 years old;
d. he makes strictly internal use of his company, subject to the conditions of use;
e. he uses the service in accordance with all legal and/or contractual obligations.
7.2. The User declares that:
a. The conditions mentioned in article 7.1 are met;
b. The User has the knowledge, resources, experience and personnel necessary to carry out its work in a professional, safe and reliable manner and within the agreed deadlines;
c. User has all permits, licenses and approvals required by law to operate its businesses in connection with the service;
7.3. The User must not (try to) circumvent the use of the service and/or avoid any payment obligation towards Optimalogistic (including the suspension of payments or, without the prior agreement of Optimalogistic, the settlement of payments).
8.1. Optimalogistic vous propose the Service provided on an "as is" and "as available" basis.
8.2. Optimalogistic offers you a platform allowing shippers to issue requests for their goods to be routed by a carrier . Optimalogistic will act as (and will be considered) as a freight forwarder as described in the article of the Tunisian TM Code. Optimalogistic does not offer transportation services nor does it intend to do so.
8.3. The use of Optimalogistic services is done at the sole risk of the User. Optimalogistic does not give any implicit or express guarantee. Optimalogistic does not explicitly guarantee:
a. the adequacy of the service to the needs of the user;
b. the accuracy of information provided by third parties, including the user;
c. that the service meets the expectations of the User.
D. that the service will be available at all times, uninterrupted, timely, secure, accurate, reliable, error-free, free of viruses or malware.
8.4. Optimalogistic declines any liability in the event of a dispute between a Carrier and a Shipper.
8.5. Delivery times and delivery are not binding and no rights can be derived from them and can in no case give rise to a claim by the Customer against Optimalogistic.
8.6. Liability and shipping conditions Tunisian - The responsibility of Optimalogistic towards a shipper will be limited to the linking service.
8.7. Limitation of Liability- Except under the Tunisian shipping conditions to a shipper, Optimalogistic will not be liable for any damages whatsoever, including, but not limited to, delays, delivery errors, misuse or fraudulent use of Optimalogistic services by a user or a third party. party or other damages resulting from the use of Optimalogistic's services.
8.8. If and insofar as Optimalogistic is liable to a User or a third party despite Articles 8.5 and 8.6, any liability of Optimalogistic will be limited to (the lower of):
a) the amount that is paid under Optimalogistic's civil liability insurance in the case concerned or
b) all fees paid by the User to Optimalogistic for the Services requested in this event,
In any event, this will never exceed the invoice value of the goods shipped.
8.9. The limitations of liability mentioned above will not apply if the User proves that the damage was caused by fraud or deliberate intention by Optimalogistic.
9. Insurance by Optimalogistic
9.1. Optimalogistic may take out professional liability insurance at the request of the customer or the contract and will send the User a corresponding confirmation of the insurance by e-mail on request.
9.2. Please note that this clause does not contain any provisions concerning the insurance of the carrier and the goods. All carriers are required to be properly insured in order to carry out the transport of the goods.
10. Use of the Service and the Platform
10.1 User is responsible for responsible use, correct and intended of the Services and the Platform, and must therefore not (among other things):
remove any copyright, trademark or other proprietary notices from any part of the Services or the Platform;
reproduce, distribute, license, resell or otherwise exploit the Services or the Platform;
decompile, reverse engineer or disassemble the Services or the Platform;
unduly burden or interfere with the operation and functionality of any aspect of the Services or the Platform; attempt to gain unauthorized access to or tamper with any aspect of the Services, the Platform or related systems or networks.
11. Intellectual property
11.1. The platform located at https://tms.Optimalogistic.com and the website located at https://www.Optimalogistic.com/ and any associated web application or mobile application are copyrighted works owned by Optimalogistic.
11.2. All intellectual property rights in the Service, including but not limited to software, computer code, platforms, algorithms, user interface, technology, design, information, services, text (including articles) , files, videos, photos, applications, audio and music, logos and trade names and all other proprietary content and any enhancements and/or derivative works are the property of Optimalogistic.
11.3.Third party software components, including open source, will be subject to licenses issued by this third party.
11.4. Optimalogistic will have the right, at any time, to design, modify the order, structure and specifications, features and every component and/or other aspect of the Service or any part thereof.