General Terms & Conditions
1. Purpose
Unless specific conditions apply to certain products, these terms aim to define the modalities of execution for transport and logistics services under the LM2S brand. In the absence of specific instructions from the client, LM2S uses all resources and means at its discretion for the shipment of entrusted goods, including intermediaries, brokers, and/or various transporters, all deemed approved by the client in advance.
2. Definitions
For the interpretation of these LM2S General Terms and Conditions (GTC), the following definitions apply to all LM2S brands and services:
PUDO®: Pick up & Drop off
FSL: Field Stock Location
CCW: Central Country Warehouse
SWAP: Technical Courrier
PFP: Proximity Platform
CSI: Customer Site In-night
SAMEDAY: Urgent Courier Services
3. Scope of Application
LM2S GTC govern all defined services executed by LM2S on behalf of the client. These GTC apply automatically, and their provisions prevail over any provision not expressly accepted by LM2S, including the client’s general purchasing conditions. Deviations can only occur in writing. LM2S reserves the right to modify the LM2S GTC at any time, with the new GTC becoming applicable upon notification to the client through any means.
4. Admission Conditions
Packages must adhere to the following standards:
4.1 Standard Packages:
Weight: less than or equal to 30 kg.
Maximum dimensions: the sum of length + 2 times height + 2 times width must not exceed 300 cm. The length alone should not exceed 150 cm.
Non-compliant packages are subject to an Oversize Handling surcharge based on the current tariff depending on the package weight.
4.2 Non-machinable Packages:
Packages with dimensions where length or diagonal does not exceed 110 cm.
Packages with minimum dimensions of 30 cm x 21 cm, minimum thickness of 3 cm, or 200 grams.
Packages with unstable or irregular shapes (spheres, cylinders, rolls).
Improperly or partially packaged parcels, parcels with protruding elements, and generally any parcel requiring special manual sorting.
4.3 Transport & Logistics Label:
The shipper undertakes to submit parcels labeled with LM2S or client-approved forms that comply with characteristics previously validated by LM2S information services. These labels must be prominently affixed to the flat surface of the package, with the barcode clearly visible and well printed. Parcels with improper labeling or labels that are poorly positioned, unreadable, partially obscured, soiled, or hindering barcode readability are subject to a flat-rate surcharge known as “Non-compliant Label,” in accordance with the prevailing tariff.
5. Restrictions:
Goods that may cause harm to individuals, equipment, other transported goods, or pose risks that the carrier deems unacceptable will not be accepted. In general, the following cannot be handled:
Goods subject to national regulations on hazardous products, including but not limited to ammunition, gases, flammable, radioactive, toxic, infectious, or corrosive materials, as well as objects that, due to their nature or packaging, may pose a danger to operating or handling personnel, the environment, the safety of transport vehicles, or damage other transported parcels, vehicles, or third parties.
Jewelry, watches, precious stones and metals, currencies, banknotes, financial or securities, titles or means of payment, bills of exchange or commercial paper, gift vouchers, phone cards, or equivalents, as well as any paper document or other medium enabling a fungible payment and/or subject to the legality of fund transport.
Animals or living/dead beings, plants, goods under temperature control, perishable products, biological or blood samples, organs, as well as any product subject to suspended excise duties.
Firearms, war or collectible weapons loaded or unloaded, narcotics, psychotropic substances, works of art, art objects, antiques, publications, or audiovisual media prohibited by any applicable law or regulation.
If a client entrusts such items to LM2S, the client must indemnify LM2S for any claims, damages, interest, and expenses resulting from it, and LM2S has the right to dispose of such items as it deems appropriate, including the right to immediately abandon their shipment.
6. Client’s Obligations:
The client remains responsible for any loss, damage, or expenses incurred due to the non-compliance with obligations arising from these conditions or originating from their own negligence in packaging, marking, or labeling, as well as a failure to provide accurate information. The client is solely responsible for sending each shipment in an appropriate and complete manner to enable effective delivery and/or storage. The client agrees to adhere to the following admission conditions:
6.1 Labeling:
Every shipment handed over to our services requires a shipping declaration (bill or announcement via EDI file) and must be accompanied by a Transport Voucher, compliant and validated by LM2S. All parcels entrusted to our services must be carefully labeled. The nature of the goods must be clearly specified on this declaration. In the absence of specific instructions from the ordering party, LM2S uses all available resources and means at its discretion for the shipment of entrusted goods, including all intermediaries, brokers, and/or various carriers and logisticians, who are deemed approved by the client in advance. In no case shall our company be held responsible for delays or delivery errors arising from poorly written, insufficient, absent addresses, or double labeling of parcels, even if no reservations were made at the time of loading by our services and/or subcontractors. Electronic data exchanges (EDI) do not replace the Transport Voucher. Additionally, the client undertakes to transmit EDIs at the time of pickup or delivery to the dock. Otherwise, the parcel flow will not be taken into account in the Transport network.
6.2 Packaging:
Every shipment must be appropriately packaged by its shipper to withstand transport under normal conditions and successive handling during transport. The ordering party is responsible for all consequences of the absence, insufficiency, or defectiveness of the packaging in relation to its nature and fragility. Non-compliance with this requirement releases our responsibility in the event of shortages or damage, even if no reservations were made during the takeover by our services and/or subcontractors.
6.3 Weight:
The shipper declares the weight of the parcel electronically via EDI or Webservices. LM2S may verify the weight declared by the shipper and reserves the right to rectify any errors or omissions in weight, applying either the physical weight or volumetric weight based on indications from regularly checked weighing equipment. The weight considered for billing is the higher of the two. In the absence of LM2S weighing values, parcels will be billed based on the average weight observed over the client’s last 2 months of activity. The weight considered for billing is the higher of the averaged weight and the declared weight. The shipper authorizes LM2S to adjust the invoiced amounts based on the modifications thus obtained
7. Pickup and Delivery:
Pickups and deliveries are carried out according to the conditions specified in the contract. Access to pickup and delivery locations must be clear and accessible to LM2S. LM2S may, subject to expressly agreed-upon special delivery conditions in writing, deliver to locations with difficulty or restricted access. Certain geographic areas may be subject to additional time and/or price supplements. Similarly, certain geographic areas may also be subject to additional time and/or price supplements based on their seasonality. Parcel distribution occurs without a transfer of responsibility; however, the In-Out Door (IOD) is transmitted in real-time via LM2S’s internal computer tool used by the client. The fact that no reservations were made by LM2S at the time of parcel pickup does not deprive LM2S of the right to subsequently invoke the absence, insufficiency, or defectiveness of the packaging or labeling. Any event beyond LM2S’s control, even if not assimilated to a force majeure event (strike, traffic interruption on the planned route, etc.), suspends the execution of its contractual obligations for the duration of the event.
8. Exclusion:
LM2S will not be held responsible if all or part of the parcel or shipment is lost, damaged, delayed, delivered to the wrong address, or not delivered due to:
a) Circumstances beyond LM2S’s control, such as inherent defects in the goods and/or their packaging, an event constituting force majeure, or other circumstances such as storms, floods, fires, epidemics, pandemics, fog, frost, accidents, strikes, local disturbances, traffic disorders at the national or local level, refusal by the absent recipient.
b) Non-compliance by the client with its obligations.
c) Any public or private person invested with legal or regulatory power, capable of delaying or preventing transport.
9. Responsibility:
In all cases where LM2S’s liability is incurred, for any cause or reason whatsoever, it is limited to the repair of only direct material damage resulting from loss, damage, or delay, excluding any other damage or loss such as immaterial or indirect damage, and within the limits outlined below. Subject to the exclusions mentioned in Article 8, LM2S’s liability, whether acting as a transport broker or carrier in case of loss, damage, or delay suffered by all or part of the shipment or parcel, is limited, upon justification provided by the client, to the purchase value or industrial cost price of the parcel or shipment, without exceeding the limits and conditions defined below:
9.1 Loss and Damage:
If LM2S’s liability is established, the indemnity limit is set at €33 per kg, without exceeding €1000 per parcel, regardless of weight, volume, dimensions, nature, or value, understanding that the allocated indemnity cannot obviously exceed the above limits, the actual justified value of the goods, and upon presentation of supporting documents.
9.2 Delay:
In case of harmful delay, the allocated indemnity cannot exceed the price of our considered service (excluding taxes and fees).
Claims settlements are made in the form of credit and based on the suffered loss depending on the pre-tax price of the goods or a repair estimate, taking into account any depreciation.
10. Claim
Subject to forfeiture and inadmissibility of the request, any claim must be specifically addressed to the “LM2S Customer Service” in writing no later than 72 hours following the delivery. The claim must be substantiated and accompanied by evidence of the damage suffered. In case of damage, the claim must be specifically addressed to the “LM2S Customer Service” in writing no later than 12:00 noon on the day of delivery. The recipient must keep the damaged goods (Content and Packaging) at the disposal of LM2S for possible retrieval for inspection. It is the claimant’s responsibility to prove that the damage occurred during transport and to establish that the damage is attributable to the transport. The claim is admissible provided that the transportation cost has been paid.
11. Pricing
All prices are exclusive of taxes and will be increased by the VAT rate in effect at the time of service provision. Unless otherwise indicated, prices do not include duties, fees, and taxes levied by tax or customs authorities (such as: entry duties, taxes, etc.), nor parking fees or any other incidental fees unless expressly specified in the offer. Prices are granted based on a monthly traffic commitment by the client, the characteristics of which are defined when signing the commercial offer and/or contract. These data are considered essential and decisive as they have served as the basis for the tariffs provided by LM2S. In the event of a decrease in volumes equal to or greater than 10% for two consecutive months compared to the forecasted volume, LM2S has the option to unilaterally revise the tariffs based on the actual shipment volumes, with a notice period of 30 days. The service is billed based on the type of service ordered and the physical or volumetric weight of the package. LM2S may apply the principle of volumetric billing if the volumetric weight exceeds the physical weight. Volumetric weight is calculated using the following formula: (length.cm x width.cm x height.cm) / 5000. In the event that no package is taken during the scheduled collection, a flat fee will be applied, according to the current pricing covering the costs incurred for an empty run to the pickup location. Prices in effect will be revised in the event of significant variations in LM2S’s costs due to conditions beyond its control, such as fuel prices (Article L 3222-1 of the Transport Code). Failure to pass on diesel fuel price increases to the service price is criminally punishable (Article L 3242-3 of the Transport Code). Prices are also revised annually, usually on November 1st, and will apply automatically. In the absence of objection within thirty (30) days following the date of application of the tariff revision, the new tariffs will be definitively accepted. In case of objection within the aforementioned period, it is the Client’s responsibility to terminate the contract according to the terms described in the Client’s contract or as indicated in Article 12.
12. Termination Conditions
Unless otherwise stipulated, any contractual relationship between LM2S and the client is indefinite, and either party may terminate it at any time by registered letter with acknowledgment of receipt, respecting a notice period of 4 months. During the notice period, the client must maintain a shipment volume identical to the 4 months preceding the termination, otherwise LM2S is entitled to compensation equal to the amount it would have received until the end of the notice period.
13. Payment
Payment is made within the agreed-upon period and cannot exceed thirty days from the date of invoice issuance (Art. L.441-11 of the Commercial Code). Any delay or default in payment automatically triggers the immediate enforceability of the amounts due as well as the payment of late payment penalties calculated based on the European Central Bank refinancing rate (the refi rate) plus 10 percentage points, and a flat-rate indemnity for collection costs of forty (40) euros, without prejudice to damages and other costs that LM2S reserves the right to claim. All amounts due shall accrue interest from the due date until effective payment. The parties agree that their reciprocal claims and debts arising from the execution of these conditions cannot be offset on the sole initiative of either party. No discount will be granted for early payment. In the event of a deterioration in the solvency of the Contractor and/or a payment incident, LM2S reserves the right to demand the provision of a guarantee and/or to revise the payment conditions and terms. If full payment is not made by the agreed-upon date, LM2S reserves the right to terminate the contract. Any orders from a customer subsequent to the date of the pronouncement of a judgment opening insolvency proceedings for the customer and during the duration of the procedure imply advance payment or, failing that, that the order can be paid in cash upon delivery and is subject to an order form endorsed by the appointed administrator and payment in cash by check countersigned by the administrator.
14. Right of Retention
The customer grants, on a permanent basis, in favor of LM2S, in application of Articles L 132-2 and L 133-7 of the Commercial Code, a privilege on all shipments, parcels, and documents of which the customer is the owner (excluding medical products) and which it entrusts to LM2S for the execution of its services. This privilege, exclusively for the benefit of LM2S, must generally and permanently guarantee the payment of any claim held by LM2S against the customer, for any reason whatsoever, present or future.
15. Personal Data Protection (GDPR)
LM2S is committed to scrupulously respecting the regulations regarding the protection of personal data by ensuring continuous compliance with the provisions of the amended Data Protection Act No. 78-17 of January 6, 1978, the European Regulation 2016/679 of the European Parliament and the Council of April 27, 2016 (hereinafter the “GDPR”), and any current or future law or regulation related to this regulation. LM2S collects personal data (hereinafter the “Data”) from the client (sender, third party, shipper, or other) (hereinafter the “Ordering Party”) who contracts with it to perform transport and/or logistics services or any other services entrusted to it by the Ordering Party. The communication of Data to LM2S by the Ordering Party is necessary and essential for LM2S to execute the aforementioned services and is based on the contractual relationship between LM2S and the Ordering Party. The Data is intended for LM2S and any third parties such as carriers, logisticians, IT service providers participating in the execution of the services (hereinafter “Recipients”). LM2S and/or the Recipients may use the data to perform the services specified in the contract. LM2S may also use the Data for the following purposes: commercial communication such as sending newsletters, promotional offers (as long as they relate to services similar to those of the contract), etc.; evaluating the satisfaction level of the Ordering Party and/or recipients through satisfaction surveys (by email or phone). The Data will be kept for durations adapted and in compliance with the retention periods specific to each type of data and the purposes for which they are collected. The Data may be transferred outside the European Union, to countries recognized by the European Commission as guaranteeing an adequate level of protection of personal data or to countries not recognized as such. If applicable, LM2S will ensure that the transfer is carried out under conditions and modalities ensuring effective protection of the Data and compliance with regulations. Information regarding these measures can be requested from LM2S’s Data Protection Officer. The Ordering Party must entrust LM2S with Data concerning its clients or any other third party (hereinafter “Ordering Party’s Clients” or “its Clients”) while strictly adhering to personal data regulations. The Ordering Party guarantees that it has lawfully collected the Data. The Ordering Party also guarantees that it has communicated to its Clients all information regarding the processing of their Data by itself or by any natural or legal person (including LM2S) to whom the Data is communicated, so that they are fully aware of it, in accordance with Article 13 of the GDPR. The Ordering Party and the Ordering Party’s Clients concerned by Data processed by LM2S may, at any time, exercise all the rights guaranteed to them by the GDPR (right of access to their Data, right to object, right to rectification, right to erasure, right to restriction, and right to data portability). If necessary, the Ordering Party and the concerned third parties can file a complaint with the National Commission for Data Protection and Liberties (CNIL).
16. Applicable Law and Jurisdiction
This contract is subject to French law. In the event of a dispute, jurisdiction is granted to the Commercial Court of the registered office of LM2S, which will be solely competent regardless of the nature, cause, or location of the dispute, and regardless of the specific conditions of the service, even in the case of multiple defendants. The mere act of placing an order or accepting an order confirmation implies the agreement of the customer to the conditions stated above.