GENERAL CONDITIONS 2012
1 – GENERAL INFORMATION
The French version of our general leasing conditions (also available at www.tsf.fr) alone will
govern all leasing agreements entered into between the TSF GROUP and its subsidiaries with
its customers, unless stipulated otherwise in writing and signed by the TSF GROUP.
Issuance of an order by a customer implies adherence to these general leasing conditions and
any specific leasing conditions. They will override the general purchasing conditions of our
customers and may not, under any circumstances, be overridden by the latter. The specific
conditions will prevail over the general conditions. The customer acknowledges having been
informed of these general and specific leasing conditions and declares that it accepts them
2 - PROVISIONS
a) Opening of account:
Customers having continuous relations with the TSF GROUP hold an account in the
company’s account ledgers. Any customer not holding an account may request that one be
opened. This requires the communication of accounting and financial information, to allow
for an agreement on a maximum outstanding credit amount.
This information includes:
- KBIS from within the past three months
- Banking RIB
- Request on company letterhead
The outstanding amount is not credited by payments made until actual deposit of the
payments, regardless of method.
An order is defined as follows:
- Description of the leased item
- Lease duration – start and return dates
- Price and payment conditions
- Name and title of the signer of the order form
The lease duration is expressed in days, and starts on the date of pickup of the equipment,
running until the date of its return to our premises (during business days and hours).
The start of any day is considered a full day. Orders are made according to standard practice
and must be by mail, fax or e-mail. In case of cancellation within fewer than seven business
days from the start of the lease, 50% of the total amount will be invoiced.
c) Leased equipment:
The equipment provided to the customer is deemed to be in good operating condition, and
delivered complete, with all accessories.
The customer is prohibited from covering or removing the ownership plates that indicate that
the equipment belongs to the TSF GROUP. The customer undertakes to take all measures to
safeguard and protect the items. Specifically, outside of operating hours, at night, as well as
during holidays or vacation periods, vehicles containing the leased equipment must be parked
in a guarded or closed garage. The equipment is leased throughout the entire European
Community. For any departure from European territory, prior authorisation to exit the
territory must be obtained, by means of a customer request to the TSF GROUP.
Under no circumstances may the customer assign or sub-lease the equipment to a third party.
Under no circumstances may the TSF GROUP be held as liable:
- for incidents resulting in a suspension of operations
- for partial or total destruction negative requiring re-work.
Concerning vehicle leases, the customer will refer to the specific conditions of SVL, with
which it declares it is familiar and expressly approves. Loading and unloading of trucks
remains at all times at the customer’s sole expense and responsibility.
d) Delivery of the leased equipment:
Provision of the equipment at the date and time set forth in the order form constitutes the
principal obligation of the TSF GROUP. This is formalised by means of a release form duly
completed by the two parties. The signing of this form by any representative or agent of the
customer incurs the customer’s liability, and confirms proper operation of the equipment and
acceptance, without reservation, of these general and specific lease conditions. The loading of
vehicles and delivery of the equipment to the operating sites are the responsibility of the
customer. The TSF GROUP reserves the right to invoice for loading of the equipment on its
vehicles, when this is carried out, in whole or in part, for any reason, by its own staff.
e) Use of the leased equipment:
The customer must make no change whatsoever to the leased equipment, and must not use it
in a manner inconsistent with normal use conditions. It is prohibited for the customer, without
prior authorisation of the TSF GROUP, to install accessories, or attach parts or any other
device to the equipment.
The customer undertakes to use the equipment “as would a prudent and careful owner.”
f) Return of the leased equipment:
The customer undertakes to return the equipment on the scheduled date, and during business
days and hours, with all its accessories, in condition identical to that when it was delivered.
The lessor will not accept such return until after verification of proper operation. The TSF
GROUP undertakes to notify the customer within five business days after the return of the
equipment, of any irregularity, breakage, malfunction or hidden defect which might have
occurred during use. Any delay in the scheduled return of the equipment without prior written
authorisation of the TSF GROUP will be invoiced based on the current rate, excluding any
commercial rebates. In case of failure to return the equipment on the scheduled date, and after
issuance of a notice to perform that remains without response beyond a period of 8 days, the
leased equipment will be considered as having been sold to the customer, at the complete
discretion of the TSF GROUP. It will be subject to invoicing at the sale price calculated based
on the current manufacturer’s catalogue rate. This invoice will be payable upon receipt.
A return receipt will be validated by the two parties in each other’s presence. Any claim must
necessarily be sent to the TSF GROUP by registered letter with return receipt within 5 days.
No claim of any kind whatsoever may be accepted beyond 5 days after validation of the
return. The return of the equipment and unloading of the vehicles at the premises of the TSF
GROUP are the customer’s responsibility. The TSF GROUP reserves the right to invoice for
any unloading of the equipment from its vehicles carried out in whole or in part regardless of
reason, by its staff. All customs and transit formalities as well as any transport expenses for
the exchange, forwarding, or return of the equipment is at the customer’s sole expense and
3 - INVOICING
The price to be paid by the customer is based on the current rate at the time of the order. The
leasing rate applies to equipment taken and picked up at the departure point. All rates
indicated in our catalogue are set net of tax, with current VAT to be paid in addition, and may
change without prior notice. For lease durations greater than 5 business days, invoicing will
be weekly. For any other leases less than 5 days, invoices will be issued on the date of return
of the equipment. Invoicing will be determined in accordance with the departure and return
forms, validated by the TSF GROUP. No reduction in invoicing may be granted following a
forced suspension of the equipment for any reason whatsoever, and specifically by reason of
customs difficulties, strikes, seizure, etc. The TSF GROUP will be entitled to invoice for the
lease until physical return of the equipment to its premises, regardless of the cause of delay in
the return. All customs formalities and delays they might cause are at the customer’s sole
expense and responsibility.
4 - PAYMENT
Payment is to be made upon receipt of invoice by any means of payment, unless agreed
otherwise in advance. A customer holding an account may opt for immediate settlement, and
thereby receive a discount of 1% per month on the net amount invoiced. Any invoice under
1,000 euros will be payable upon assuming custody of the equipment. Immediate payment is
understood as being within 8 days after the invoice issuance date.
Penalties for late payment
In the event that payment occurs after the normal settlement period, the TSF GROUP will
invoice the customer for delinquent interest corresponding to 1.5 x the current legal rate,
which will be due upon receipt of the invoice (Law No. 92 – 1442 of 31/12/92).
The following constitute payment default:
- any change in due date
- failure to pay an invoice when due
- total or partial failure to cover a payment by check
- unjustified delay in sending an accepted invoice or a check.
Any payment default thus defined will result in:
- immediate demand for payment of any amounts due for any reason whatsoever.
- The application of delinquent interest as of issuance of the notice to perform.
Any expenses incurred by the TSF GROUP with a view to recovering amounts due are at the
expense of the customer and will be subject to separate invoicing due upon receipt: attorney
expenses and fees, court and bailiff expenses, service of summons, expert witnesses, etc.
5 - GUARANTEE
For all customers, a guarantee (check, cash, credit card [carte bleue]) in a minimum amount
of 5,000 euros, depending upon the nature and value of the leased material, will be required
prior to delivery of the material, and subject to deposit at the convenience of the TSF
GROUP. For any foreign customer, a cash deposit will be required even in the case of pre-
payment, equal to 1.5 x the agreed-upon lease price.
6 - INSURANCE
The equipment is insured by payment of a mandatory premium set at 7% of the lease amount
excluding taxes, plus, in case of a claim of a right to take possession, a deductable of 5% of
the damage amount, with a minimum of 2,500 euros excluding taxes (except for SVL, see
specific conditions). In case of a claim not covered by the TSF GROUP (see below,
“exclusions”), the value of repairs or replacement of the equipment, as well as any related
damage, will be completely at the expense of the customer, who will settle the corresponding
In the event of a claim, including during transport by a duly qualified company regardless of
the cause and circumstances, and notwithstanding the assignment of responsibility, a detailed
declaration prepared on the customer’s letterhead stationery must be sent to the TSF GROUP
within a maximum of 48 hours, by registered letter with return receipt, accompanied, as
applicable, by a copy of the complaint filed with the police or gendarmes.
In the event of fraud or physical damage, the leasing period will be counted up to the date of
return of the equipment to lease after repair, without such duration’s exceeding one month.
Repairs may be made either by TSF GROUP technical personnel, or by the manufacturer or
an approved representative thereof. In the case of theft, loss or complete destruction, the
leasing period will be counted until production by the customer of the official claim report,
plus the lump-sum payment of one month to cover the equipment replacement period.
The following are excluded from the scope of application of the insurance coverage, and may
not be included in any assumption of liability:
- production risks
- losses of equipment
- thefts without breaking and entering or defined threat
- thefts of equipment left in a vehicle not guarded or parked in a closed space
- claims following a defined failure to monitor or guard equipment leased to the
customer and for which the customer retains custody
- claims following misuse or improper use of the equipment
- claims following use by unqualified or unauthorised personnel
More generally, any claim not covered by our insurance company will be the responsibility of
the lessee, for any reason whatsoever.
During difficult operating conditions, in an aerial or marine environment, with exposure to
rain, water leaks, sprinkling, high humidity, in the presence of sand or salt, extreme
temperatures, dirty or unsanitary operating environments, flooding, etc., it is imperative that
the customer engage additional insurance from its own insurers, covering all specific
production risks. Failing this, any damage, destruction, replacement, repair or cleaning costs
will be invoiced to the customer.
The TSF GROUP does not in any way whatsoever insure the content, data, “rushes”, and
video and audio information that may be stored on photo-chemical, magnetic, or computer
media provided under its responsibility for sale or lease. After providing it to the customer,
the TSF GROUP does not in any way guarantee the proper operation of electronic or
computer equipment for data storage or digital signals. The TSF GROUP, whether or not
requested to handle it, does not guarantee the integrity of any digital data that might be
entrusted to it by the customer.
In case of data loss or damage, the TSF GROUP’s liability may not in any case be claimed or
sought, and in this regard it is to be explicitly held harmless by its customer, which declares
that it accepts, without reservation, any financial consequences that might result therefrom.
All content-related risks must be insured as a specific production risk. The TSF GROUP
recommends backup by the customer as the only secure means to safeguard data on computer
SPECIFIC SVL VEHICLES CONDITIONS:
These specific lease conditions for the equipment provided by the SVL department
supplement the TSF Group’s general conditions, which may be consulted on the www.tsf.fr
website, with which the customer acknowledges it is familiar.
The specific conditions prevail over the general conditions.
Assuming custody of our vehicles implies acceptance without reservation of our specific
leasing conditions, prepared in accordance with those of the National Union Chamber of
Commerce and Automobile Repairs, leasing division.
The signatory of the leasing agreement issued by the TSF / SVL GROUP is personally bound
by the company he represents and remains jointly and severally liable for his principal, to
accept these specific conditions.
For any reservation confirmation, the TSF / SVL GROUP will request an order form and a
guarantee check subject to deposit of the projected lease amount, with a minimum of 1,000
euros. Unless stipulated otherwise in writing, all our services are to be settled in cash and in
The duration of the agreement is binding. In the event of extension or early return, the TSF /
SVL GROUP must be notified thereof in advance in writing. Any extension of the use period
will give rise to an additional invoice at the current, non-rebated rate, regardless of reason,
including reasons beyond the lessee’s control.
The customer is hereby notified that failure to return the vehicle within 24 hours after the
scheduled agreed-upon date without the TSF / SVL GROUP’S having been notified in
advance in writing will automatically incur a theft report to the police or gendarmes and will
expose the lessee to any criminal and legal penalties.
Return of the vehicle is understood as being exclusively to the place at which custody was
assumed, during the business hours and days of the TSF / SVL GROUP, against remittance to
the lessee of a return receipt, dated and approved by the company.
Use of the vehicle
The lessee is fully responsible for use of the vehicle for the entire duration of the lease, and to
this end, it undertakes
- To directly address any fines, police proceedings, violations and customs proceedings,
related to violation of the laws and regulations governing traffic, parking, and the content of
the vehicles provided to it by the TSF / SVL GROUP, regardless of the driver.
- To use the vehicle as would a prudent and careful owner, within its capacity limits and
qualifications and on passable routes, risking no damage to the tires, chassis, and mechanical
- To verify that its load does not exceed the useful load authorised for the leased vehicle.
- To verify before each use the oil, coolant, brake fluid and tire pressures.
Instructions to be followed in case of malfunction or accident
- Notify the TSF / SVL GROUP immediately, identifying the locations and circumstances of
the malfunction or accident.
- If necessary, draft an informal description and prepare a police or gendarmes report.
- Contact the vehicle manufacturer’s assistance department, the telephone number of which is
provided in the on-board paperwork.
- No repairs to the vehicle performed outside the scope of this procedure will be covered by
the TSF / SVL GROUP.
Any reservation cancelled within 48 hours will be considered as incurring 50% of the
scheduled lease period. The TSF / SVL Group reserves the right to refuse delivery of a
vehicle if it believes the co-contracting individual or legal entity does not have sufficient
performance guarantees (whether financial or material).
Our vehicles are guaranteed by all-risk insurance for all countries shown on the vehicle’s
insurance green card, against payment of a premium of 7% of the lease value, excluding
taxes. Any departure from the territory of the European Economic Community must be
subject to written, prior authorisation of the TSF / SVL GROUP. Drivers must be over 21,
and must have held a driver’s license for over three years. An inspection report on the vehicle
will be prepared upon departure and upon return of each leased vehicle. In case of accident
for which the customer is liable or without identified third party, it will be invoiced a
deductible, net of taxes in accordance with the schedule below.
The deductible will be increased by 50% in case of theft.
In case of vehicle theft, the leased vehicle’s keys and paperwork must be deposited with the
TSF / SVL GROUP within 24 hours. Any accident must be declared to us within 24 hours.
Informal descriptions, as well as any police or gendarmes reports, drafted after collisions or
accidents, must be received by us by mail within 48 hours. Any case of exceeding this
deadline will expose the customer to re-invoicing of the deductible and/or repair costs.
There is no insurance for any driver not carrying a valid driver’s license as well as for any
driver under the influence of alcohol, drugs or medications. Transported materials and objects
are not insured.
The following are excluded from insurance coverage:
punctures, interior damage, theft of parts and accessories, damage to upper parts (above a
horizontal line running at the level of the steering wheel), as well as damage caused by misuse
of the vehicle, overloading or vandalism (wheels, tires, rear-view mirrors, tags, improper fuel,
etc.), as well as maintenance failures (oil, coolant, water, tire pressure, etc.). Any incident will
be invoiced at actual repair cost. Suspension of vehicles following an accident will be
invoiced at the current rate until the vehicle’s return to circulation.
More generally, any claim not covered by our insurance company, for any reasons
whatsoever, will be at the expense of the lessee.
CATEGORY A & B 650 euros net of tax
CATEGORY C 900 euros net of tax
CATEGORY D 976 euros net of tax
CATEGORY E 1200 euros net of tax
MINIBUS & ESPACE 1200 euros net of tax
VL PERMIT (<= 3.5T PTAC) 1500 euros net of tax
PL PERMIT (> 3.5T PTAC) 2000 euros net of tax
Our rates include:
- Use of the vehicle counted per day of 24 hours.
- Complete vehicle maintenance, oil and fluids.
- Reimbursement for mechanical incidents occurring during the lease subject to our prior
agreement, excluding damage and interest corresponding to inability to use the vehicle.
Our rates do not include:
- Mileage, unless formally agreed in writing with the TSF / SVL GROUP.
- Return expenses in case of abandonment in another city.
- Violations and other police proceedings related to use of the vehicle (surcharge, violation of
speed limits, etc.).
7 – ASSIGNMENT OF JURISDICTION CLAUSE
In the event of litigation, the BOBIGNY trade court will hold sole jurisdiction.