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The purpose of the following general terms and conditions is to define the terms and conditions for performance by AMSUD SAS of its services relating to:<\/em><\/p>\n Any commitment or transaction whatsoever with AMSUD SAS implies unreserved acceptance by the Customer of the conditions defined below.<\/em><\/p>\n These conditions govern the relationship between the Client and AMSUD SAS. Furthermore, these conditions do not exclude existing special conditions provided for by contract and mutually accepted between the Client and AMSUD. No special conditions or other general conditions emanating from the Client may, unless formally accepted by AMSUD SAS, take precedence over these conditions.<\/em><\/p>\n These General Terms and Conditions of Service (GTCS) form the basis of commercial negotiations and are sent or given to each customer on request. The GSPC may be supplemented by stipulations in any General Terms and Conditions of Purchase drawn up by the customer concerning elements of the relationship other than the price list, the terms of payment, in particular late payment penalties, discounts and rebates, and the special terms and conditions for the provision of services. To be valid, the order must specify in particular the nature of the service required, the agreed price, the terms of payment and the place and date of performance of the service. Any modification or cancellation of an order requested by the customer can only be taken into consideration if it is received in writing at least 24 hours before the service is due to be provided. The services are provided at the prices in force at the time the order is placed, expressed in CFP francs (XPF) taking into account the TGC (local TVA) applicable on the day the order is placed; any change in the applicable TGC rate (or the tax that replaces it) may be passed on to the price of the products or services.<\/p>\n Unless otherwise agreed, the prices given in the order are only valid for a maximum period of one month.<\/p>\n A timetable for the provision of services may, where appropriate, be agreed between AMSUD and its customer in the order form and\/or quotation. These deadlines are given for information purposes only. The services will be the subject of a detailed description as well as their own guarantees and\/or obligations contained in their respective special conditions attached hereto.<\/p>\n An invoice will be issued once the services ordered have been provided.<\/p>\n Unless otherwise agreed, payments will be made within thirty days of the performance of the service.<\/p>\n In the case of deferred or forward payment, a payment within the meaning of this article is not the mere delivery of a bill of exchange or cheque implying an obligation to pay, but their settlement on the agreed due date.<\/p>\n In the event of late payment, AMSUD may suspend all services in progress, without prejudice to any other course of action. Any deterioration in the customer’s credit rating may justify the requirement of guarantees or cash payment before the execution of orders received. These General Terms and Conditions are subject to the law applicable in New Caledonia, to the exclusion of any international convention.<\/p>\n In the event of a dispute relating to the interpretation or performance of their agreements, the parties shall seek an amicable settlement before taking any legal action and shall provide each other with all the necessary information for this purpose. The Service Provider is required to process personal data concerning the Customer in order to fulfil its obligations within the framework of the commercial relationship between them, in its capacity as data controller. This data mainly comprises the customer’s surname, first name, address, e-mail address and sales data. This data is processed in compliance with the applicable legal and regulatory provisions and in particular with the General Data Protection Regulation “RGPD’EU 2016:679 (“the Regulation”) and Law n\u00b078-17 of January 6, 1978 relating to information technology, files and freedoms as subsequently amended (“Loi Informatique et Libert\u00e9s”). INTRODUCTION The purpose of the following general terms and conditions is to define the terms and conditions for performance by AMSUD SAS of its services relating to: Shipping Agency in New Caledonia ; Managing the flow of cargo of all kinds, from all sources and to all destinations on behalf of shipping companies; Chartering of … <\/p>\n\n
1. Application of general terms and conditions of service – Enforceability<\/h3>\n
\nAny order for a service from the company AGENCE DES MERS DU SUD (hereinafter “AMSUD”<\/strong>) implies unreserved acceptance of these GCPS.<\/p>\n
\nThe fact that AMSUD does not avail itself of any of these general terms and conditions of service at a given time may not be interpreted as a waiver of the right to avail itself of any of the said terms and conditions at a later date.<\/p>\n2. Controls<\/h3>\n
\nOrders shall not be final, even when taken through the intermediary of representatives or employees of the company AMSUD, until they have been confirmed in writing <\/strong>(in particular by e-mail).<\/u><\/strong>
\nThe benefit of the order is personal to the customer and may not be transferred without the agreement of AMSUD.<\/p>\n3. Modifying the order<\/h3>\n
\nIf AMSUD does not accept the modification or cancellation, the advance payments made may only be returned in the form of a credit note.<\/p>\n4. Prices<\/h3>\n
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5.Performance of the service<\/h3>\n
5.1. Terms and conditions<\/h3>\n
\nAMSUD may under no circumstances be held liable for failure to comply with the said timetable in the event of delay and\/or non-performance by the customer of all or part of its obligations or in the event of any events caused by third parties.<\/p>\n5.2. Description of services<\/h3>\n
6. Billing<\/h3>\n
7. Payment<\/h3>\n
7.1. Terms and conditions<\/h3>\n
7.2. Delay or fault<\/h3>\n
\nAny sum not paid by the due date shown on the invoice shall automatically give rise, as from the day following the payment date shown on the said invoice, to the application of penalties of an amount equal to three times the legal interest rate. Late payment penalties are payable without the need for a reminder.
\nUnless otherwise agreed, the amount of this late payment interest will be deducted automatically from any discounts, rebates or discounts due by AMSUD.
\nThese penalties and costs shall be payable at the simple request of AMSUD. In the event that the recovery costs incurred exceed this fixed amount, AMSUD reserves the right to request additional compensation upon justification.
\nIn all the foregoing cases, any sums due for other services or for any other reason shall become immediately payable if AMSUD does not opt to cancel the corresponding orders.
\nUnder no circumstances may payments be suspended or offset in any way without the prior written agreement of AMSUD. Any partial payment shall first be applied to the non-preferential part of the debt, then to the sums that are due the earliest.
\nThe company AMSUD does not intend to grant any discount for payment in cash or on a date earlier than that resulting from the general terms of sale.<\/p>\n7.3. Requirement for guarantees or settlement<\/h3>\n
\nAMSUD reserves the right, at any time, depending on the risks incurred, to set an overdraft limit for each customer and to require certain payment terms or certain guarantees.
\nThis will be the case in particular if a modification, or if a transfer, lease, pledge or contribution of its business has an unfavourable effect on the customer’s credit.<\/p>\n8. Applicable law<\/h3>\n
9. Jurisdiction – Disputes<\/h3>\n
\nIn the absence of an amicable settlement of the dispute within a maximum period of 1 month, the Mixed Commercial Court of Noumea shall have sole jurisdiction in the event of any dispute of any nature or dispute relating to the formation or performance of the order, unless AMSUD prefers to bring the matter before any other competent court.<\/strong>
\nThis clause applies even in the event of summary proceedings, incidental claims, multiple defendants or third-party claims, and regardless of the method and terms of payment, without any jurisdiction clauses that may exist in customer documents being able to prevent the application of this clause.<\/p>\n10. Data Privacy<\/h3>\n
\nCustomer data is kept only for the time corresponding to the purpose of the processing, without exceeding the maximum period of five (5) years following the end of the commercial relationship between the Customer and the Supplier, unless there is a legal obligation to archive.
\nIn accordance with the provisions of the French Data Protection Act (Loi Informatique et Libert\u00e9s) and the Regulation, the Customer has the right to access his or her data, to rectify or delete it, to limit its processing, to withdraw his or her consent at any time, to portability and to object to the collection of his or her data. The customer also has the right to lodge a complaint with the CNIL.
\nFor any further information concerning their personal data, or if the customer wishes to exercise any of their rights set out above, the customer may contact the Service Provider by sending a request:
\nBy e-mail to: info@amsud.nc<\/a>
\nBy post to the following address: 14 avenue James Cook – BP1602 – 98845 Noum\u00e9a Cedex – France<\/p>","protected":false},"excerpt":{"rendered":"