Purpose and scope

These General Terms and Conditions of Sale (service provision) define the terms under which TST SA, a company incorporated under Moroccan laws and registered at the Commercial Registry of Casablanca under number 33065, carries out, in any capacity whatsoever (freight forwarder, warehouse keeper, agent, handler, transporter), activities and services related to the physical movement of shipments and/or the management of goods flows, whether packaged or not, of any kind, from any origin, to any destination, for an agreed price, regardless of any clauses appearing on the Client’s documents. Any commitment, shipment, or operation, unless otherwise agreed by the parties, constitutes acceptance of the following conditions

Tout engagement, expédition ou opération quelconque, sauf convention particulière entre les parties, vaut acceptation des conditions ci-après.

Définition

The term “Client” refers to the principal who contracts the service with TST SA.

TST SA acts as a freight forwarder, logistics provider, and/or transport commission agent in accordance with the regulatory provisions of the Commercial Code, Law No. 16/99 on transport, and international conventions on the transport of goods.

To carry out the entrusted services, TST SA enters into a transport contract with a carrier using the modes and means of its choice for the execution of all or part of the transport operation when it does not perform these services itself.

Performance of services

The Client must provide TST SA with the necessary and precise instructions in a timely manner for the performance of the services.

Any restrictive delivery instructions must be given in writing and repeated for each shipment, with the express acceptance of TST SA. Departure and arrival dates communicated by TST SA are indicative only.

Pricing of services

Prices are calculated based on the information provided by the Client, considering the services to be performed, the nature of the goods (hazardous, bulk, etc.), their size (stackable, floor space in meters, etc.), their weight, volume, and the routes to be taken.

International transport quotations are provided in foreign currency and converted into Dirhams on the billing date according to the exchange rate agreed upon with TST SA’s contracting banks. They also depend on the rates of other service providers. If any of these elements change after the quotation is issued, the quoted prices will be adjusted accordingly.

Prices do not include transport immobilization fees attributable to the Client for any reason whatsoever. The term "means of transport" includes the tractor, trailer, and container, individually or collectively.

Costs incurred due to the immobilization of transport means, referred to as immobilization fees or demurrage, are borne by the Client, who acknowledges TST SA’s right to retain and require advance payment of these fees.

Client’s obligations

The goods must be packed, wrapped, marked, and labeled so they can withstand transport operations, successive handling, and storage.

TST SA shall not be held liable for any consequences resulting from the absence, insufficiency, or defectiveness of packaging, wrapping, marking, or labeling.

The goods must not pose a danger to transport or handling personnel, the environment, transport equipment safety, other transported or stored goods, vehicles, or third parties.

The Client expressly undertakes not to entrust TST SA with illicit or prohibited goods (e.g., counterfeit products, narcotics, etc.).

The Client must provide all documents required by customs, regulatory, and legal provisions. Lack of knowledge of regulations or insufficient information from TST SA cannot exempt the Client from liability. The Client bears full responsibility for any consequences resulting from incorrect, incomplete, inapplicable, or late declarations or documents. In case of loss, damage, or any other harm to the goods, the recipient must carry out the necessary inspections and make legal reservations with the carrier in the prescribed forms and within the legal deadlines, failing which no claim can be made against TST SA or its subcontractors.

If the recipient refuses the goods or fails to take delivery for any reason, all due and incurred costs shall remain at the Client’s expense.

For maritime transport, the Client undertakes to return the container within the free period stipulated in the carrier’s terms of sale; otherwise, in addition to demurrage fees, the Client will be liable for all financial and legal consequences towards TST SA and the carrier or container owner/consignee.

Insurance and liability

No insurance is taken out by TST SA on behalf of the Client. It is expressly understood by the Client that TST SA or its substitutes, regardless of the capacity in which they are involved in the operation, cannot be held liable for any immaterial and/or indirect damage resulting from the performance of the service.

Accordingly, compensation for proven, direct and foreseeable loss will be paid in accordance with the international transport conventions, the Geneva Convention on the Contract for the International Carriage of Goods by Road (C.M.R.), the Hamburg Convention on the Carriage of Goods by Sea (Hamburg Rules) and the Warsaw Convention on the Carriage of Goods by Air (Warsaw Convention). By express agreement, the ordering party and its insurers waive any recourse against TST SA and its substitutes beyond the compensation ceilings provided for by the aforementioned conventions. Any insurance policy taken out by the Client in respect of transport and other services is deemed to have taken into account the indemnity limitations of the above-mentioned international transport conventions, and cannot be invoked against TST SA.

Paiement

Payment of sums due must be made in cash unless otherwise agreed.

Pursuant to Law 32-10 amending Law 15-95 forming the Commercial Code, any late payment beyond 60 days from the service date shall incur a late penalty calculated on the outstanding amount at a minimum rate equal to Bank Al-Maghrib’s benchmark rate plus a 7% margin. This penalty does not exempt the Client from contractual interest charges of 1% per month of delay.

Contractual right of pledge

The Client acknowledges that TST SA has a contractual lien, granting a right of retention and a general and permanent preference over all goods, values, and documents in its possession, as security for all claims held by TST SA against the Client.

Termination

It is expressly agreed that in the event of non-compliance with these general terms and conditions, TST SA shall be entitled to suspend any delivery and refuse any service without prior notice.

Disputes

All disputes related to the execution of this agreement shall fall under the jurisdiction of the courts of Casablanca or any other jurisdiction chosen by TST SA.