Terms and conditions of sale

CHECK AND GO will be liable in the event of loss or material damage caused to parcels during transit, with the exception of faults caused by the sender or the recipient, force majeure, inherent vice, or insufficient packaging, which constitute exemptions. Any object or material that is not packaged is done so at the sender’s own risk, with the exception of loss, theft or fire.

National transport shipments of less than 3T / Our liability is limited to €23 per kilogram of gross weight without exceeding €750 per parcel or handling unit and €25,000 per vehicle and/or team. National transport shipments of 3T and above / Our liability is limited to €14 per kilogram of gross weight without exceeding €2,300 per ton and €50,000 per load.

International deliveries / Our liability is limited to 8.33 DTS (around €9.45) per kilogram of gross weight, without exceeding €75,000 per load.

These limitations can be dismissed in the event of the declaration of value underwritten prior to transport in accordance with the terms and conditions outlined in article 2.

For any shipment sent via railway, particularly on TGV, Eurostar and ICE networks, our liability, in the event that it is engaged in legal conditions, is limited, for whatever cause and whatever reason, exclusively to the repair of the material damage resulting from the loss of or damage to the goods, excluding any other damage, without exceeding the following limits: 30.50 euros per kilo with a maximum of 915 euros per parcel and 7,622 euros per shipment.

These limitations can be dismissed in the event of the declaration of value underwritten prior to transport in accordance with the terms and conditions outlined in article 2.

For any shipment sent via aircraft, in whole or in part, and including a final destination or a stopover in a country other than the country of departure, the Warsaw convention of 1929 modified by the protocol from The Hague in 1995 will be applied. This international treaty governs and restricts our responsibility in the event of the loss, damage to or late delivery of a parcel at 16,5837 DTS (around €18.81) per kilogram of gross weight.

These limitations can be dismissed in the event of the declaration of value underwritten prior to transport in accordance with the terms and conditions outlined in article 2.

With a prior written request from the client and under their responsibility, the Percival company may, in certain cases, begin wrapping and/or packaging a parcel or several parcels on-site. This special service will be subject to additional invoicing. The relevant driver or service provider will then carry out this wrapping and/or packaging operation as correctly as possible, in the limit of their skills and their equipment. Here it is explicitly specified that this operation is “carried out” or “recognised as being carried out” following a request from and with orders from the “sender”. Given that our drivers and service providers will not, aside from specific cases, have received specific training relating to the wrapping and packaging of parcels that they may be asked to carry out, they may not be held responsible for the damages suffered by the parcel(s) concerned throughout their wrapping, packaging, loading or transport in the event where these damages are linked to insufficient wrapping. Our clients waive any recourse against the Percival company, their employees, their sub-contractors or their insurer, in the event of damages suffered by the transported objects, specifically tables, artworks and fragile objects, when they have been wrapped and/or packaged in the conditions outlined above.

With a prior written request from the client and under their responsibility, the Percival company may, in certain cases, begin wrapping and/or packaging a parcel or several parcels on-site. This special service will be subject to additional invoicing. The relevant driver or service provider will then carry out this wrapping and/or packaging operation as correctly as possible, in the limit of their skills and their equipment. Here it is explicitly specified that this operation is “carried out” or “recognised as being carried out” following a request from and with orders from the “sender”. Given that our drivers and service providers will not, aside from specific cases, received specific training relating to the wrapping and packaging of parcels that they may be asked to carry out, may not be held responsible for the damages suffered by the parcel(s) concerned throughout their wrapping, packaging, loading or transport in the event where these damages are linked to insufficient wrapping. Our clients waive any recourse against the Percival company, their employees, their sub-contractors or their insurer, in the event of damages suffered by the transported objects, specifically tables, artworks and fragile objects, when they have been wrapped and/or packaged in the conditions outlined above.

Except in the event of prior expression of special interest for deliveries with the aim of permitting compensation for proven damage in terms of the expressed interest, CHECK AND GO may not be held responsible for immaterial or indirect damage following loss or damage.

Except in the event of special interest being expressed with the aim of lifting the limit of liability of CHECK AND GO at a rate of lateness up to the total of the expressed interest, the compensation for any proven damage resulting from any lateness in delivery caused by Percival is strictly limited to transport costs.

Expression of special interest prior to delivery must be notified and accepted by CHECK AND GO prior to the delivery being carried out. This will lead to an increase in transport costs that must be accepted by the person giving the order prior to the delivery being carried out.

The limits of liability outlined in points b/, c/ and d/ of article 1, paragraph 1/ above can be dismissed if the shipment was subject to a declaration of value prior to the delivery leading to the payment of the corresponding insurance. However, the limit of liability linked to point e/ of article 1, paragraph 1/ above is not dismissed by the underwriting of “ad valorem” type insurance. “Ad valorem” insurance covers the total value of goods in the event of material damage, without limits or deductibles. It can be underwritten via fax from CHECK AND GO.

Drivers should deliver parcels to the recipient’s door. They are not required to ascend or descend stairs, nor are they required to drive past the point at which vehicles may easily access. However, when they undertake such handling, they do so at the liability of the co-contracting party. CHECK AND GO may not be held responsible for any damage or accidents which may arise as a result.

No claim may be made against CHECK AND GO for whatever reason if the recipient has not followed the correct steps and completed the measures required by law for making an appeal against those responsible for any damage. The reserves must be confirmed and addressed via registered letter to CHECK AND GO’s company headquarters within 48 hours of the loss having taken place. This registered letter must contain the nature, the conditions and the facts of the incident.

The total cost for transport and additional services is payable upon collection, delivery or reception of the corresponding invoice, within a time period that may not exceed 30 days dating from when it was sent, in accordance with the terms and conditions of article L. 441.6 of the code of commerce.

Any delay in payment will strictly lead to, besides legal interests, the fixed compensation payment of €40 for recovery costs as stipulated in decree No. 2012-1115 from October 2012, without prejudice to compensation, under conditions of ordinary law, for any other damage resulting from this late payment.

By express agreement, the privilege relating to the value of goods that we benefit from in our role as shipping agent in accordance with the terms of article 95 of the code of commerce also extends to our role as transporter.

This contract is subject to French law for national transport and to international law, particularly the Geneva convention and the Warsaw convention for international transport. Any difference in how this contract is interpreted or executed will come under the jurisdiction of the Paris commercial court, even in the event of multiple defenders or appeals to the guarantee.