The company Global Surveys and Solutions is referred to as "G2S" in these terms and conditions of sale.
G2S specializes in claims management, the organization and execution of surveys, and related services in the transport sector, regardless of the mode of transport.
These general terms and conditions of sale aim to define the terms of execution by G2S, in any capacity (such as surveyor or average adjuster), of the services entrusted to it.
Any service entrusted to G2S implies unreserved acceptance by the client of these terms and conditions of sale, whereby the client expressly waives the benefit of its own purchasing terms.
The client refers to any natural or legal person requesting a service within the scope of G2S's activity and paying for it.
The service includes all technical, practical, and legal actions performed by G2S for the purpose of completing the assignment. It ends with the exclusive delivery to the client of a written report (or verbal report upon request), along with the applicable fees.
The contract is deemed concluded only after the client receives written confirmation of intervention from G2S.
3.1 Obligations of G2S:
G2S must perform the service in accordance with the client's instructions, the professional standards and practices in effect, and using the methods it deems most appropriate from a technical, operational, and financial standpoint.
G2S issues a final report based on the information provided by the client and cannot be held responsible for any inaccurate or omitted elements.
All data, correspondence, documents, or analyses are stored by G2S during the service and for one year after delivery of the final report, unless otherwise instructed in writing.
Material samples collected are stored for three months after delivery of the report, unless otherwise agreed in writing.
3.2 Obligations of the Client:
1. Duty to Inform:
The client must promptly provide all necessary or useful information for the proper execution of the service. The client must inform G2S of any potential or actual risks that could endanger G2S’s personnel.
2. Payment Obligation:
a) Payment Terms:
The client agrees to pay in full within 30 business days from the invoice date, including for any additional related services.
b) Late or Non-Payment:
In the event of late payment, a penalty equal to three times the legal interest rate shall be applied, calculated on the total amount due including VAT, without prior formal notice.
c) Payment Method:
Payments must be made via bank transfer.
d) No Offsetting:
The parties agree that mutual claims and debts may not be offset unilaterally. Disputes do not exempt the client from paying the invoice.
1. General Rules:
G2S is bound by an obligation of means. Liability may only arise in the event of proven gross or intentional misconduct, and only for direct, justified damages.
Indirect losses (lost opportunity, loss of profit, etc.) are excluded. Liability is limited to the contents of the written report.
2. Exemptions:
G2S is not liable in cases of "force majeure" (Article 1218 of the French Civil Code) or for incorrect information provided by the client. G2S is not liable for damages to entrusted goods or third-party losses arising during the service.
3. Financial Limitations:
G2S's liability is limited to five times the amount of fees received or to be received, with a maximum of €10,000 per assignment.
4. Claims:
Any claim must be submitted in writing within three months of delivery of the final report.
Any legal action arising from this contract must be initiated within two years from the delivery of the final report, in accordance with Article L218-2 of the French Consumer Code.
G2S may subcontract all or part of the assignment. The client may object only for legitimate, serious, and justified reasons. In all cases, G2S remains responsible for the performance of the service.
Any dispute concerning the execution of the contract falls under the exclusive jurisdiction of the Commercial Court of Rennes, applying French law.
G2S undertakes to comply with applicable regulations on personal data protection (GDPR, French Data Protection Act).
The data collected is necessary for the execution of services, retained for a period consistent with regulatory requirements, and accessible upon request. Clients and affected third parties may exercise their rights (access, opposition, correction, deletion, portability) via mail or email.
In case of discrepancies between the French and English versions of these terms and conditions, the French version shall prevail.
Unless otherwise agreed, G2S will execute its assignments within a reasonable time frame, depending on their complexity. Provided deadlines are indicative. Delays may be suspended if the client fails to meet its obligations (e.g., information transmission).
Each party may terminate the contract at any time with 48 hours' notice in writing.
In case of serious breach, the contract may be terminated immediately after a 48-hour notice remains unanswered.
If the client cancels after confirmation of the assignment, G2S may invoice the completed work, committed costs, and a cancellation fee if no legitimate reason is provided.
Client Withdrawal After Confirmation:
If the client withdraws after written confirmation of the intervention, G2S may charge a fixed fee of €250 excluding VAT, plus any expenses already incurred. This fee may be adjusted depending on the urgency or location of the cancelled assignment.
12.1 Loading / unloading operations
G2S may be mandated to attend loading operations of goods, in particular in containers or trailers, in order to document their progress. This mission consists exclusively of observing and reporting the visible facts, without G2S intervening in the operations or exercising any decision-making power.
12.2 No control role
G2S does not act as a controller, inspector or certifier. It has no authority to validate or refuse an operation, nor to verify compliance with regulatory standards. G2S acts as an independent third party observer.
12.3 Limitation to observable facts
The findings established by G2S are strictly limited to the elements visible and accessible at the time of its presence. G2S cannot be held responsible for elements that are hidden, concealed or that occurred outside its presence.
12.4 Non-certifying report
A monitoring report may be drawn up at the end of the assignment. This report is descriptive and factual, and does not constitute a technical or regulatory validation of the packaging, stowage or quantities loaded.
12.5 Specific limitation of liability
For this type of assignment, the liability of G2S is strictly limited to the amount of fees received for the assignment concerned. Any request for a higher limit must be the subject of a specific prior written agreement.