General information about the use of pallets

APPLICATION

The following provisions apply to any individuals or legal entities using LPR pallets (“LPR Pallets”), whether or not in the framework of the LPR Pallets rental circuit (“LPR Circuit”).

Any loading or acceptance of goods on LPR Pallets and any actual holding of LPR Pallets in or outside the LPR Circuit implies acknowledgment and acceptance of these terms and conditions of use (“Terms and Conditions”).

PROPERTY

Full legal, beneficial and equitable title to and property in LPR Pallets shall remain vested in LPR Europe BV (and any of its affiliates as the case may be) (“LPR”) at all times. The LPR Pallets may not be transferred, leased, or exchanged (whether free-of-charge or in return for payment), nor used for any other purposes than those authorised by LPR.

LPR Pallets can be identified by their red colouring and the ‘LPR’ logo, which is a registered trademark.

Any imitation, modification or unauthorised use of the LPR brand name, trademarks or LPR products constitutes an infringement of LPR’s (intellectual) property rights, for which the perpetrator may be held liable.

AUTHORIZED USERS

Entities authorized to use LPR Pallets (“Authorized Users”) are:

  • LPR’s customers (“LPR Customers”);
  • clients of LPR Customers (mainly (mass) retailers), including their subcontractors acting in the framework of the LPR Circuit (for transports, storage, etc.) (“Retailers”), being specified that such use shall only take place in accordance with (i) the provisions of the agreement entered into between LPR and LPR Customer (the “Customer Agreement”) and (ii) the provisions of article 4 and 5 hereof;
  • any party expressly so authorized in writing by LPR.

Except Authorized Users, no other party is authorized to use LPR Pallets and must return them without delay to LPR should it get in possession of LPR Pallets. LPR reserves the right to take any legal action against any individual or legal entity holding LPR Pallets on a non-authorized basis (“Non-Authorized Users”).

AUTHORIZED USE OF LPR PALLETS

The LPR Pallets are hired by LPR’s Customers for storing and transporting the goods that LPR Customers sell to the Retailers.

Unless otherwise agreed on in writing by LPR:

  • empty LPR Pallets shall be separated from other pallets and sorted by the Retailers,
  • LPR Pallets shall then be made available for collection. In line with LPR’s sustainable development policy, the frequency of collections will depend on the number of LPR Pallets available for collection and on the possibility of organising a pooled transport.

Retailers shall keep LPR informed of the number of LPR Pallets in their premises, of any circumstances which might hinder collection, as well as of any modification to their sites and logistic circuit.

The Authorized Users shall be responsible for ensuring the qualitative and quantitative integrity of the LPR Pallets. In particular, the Authorized Users shall:

  • take reasonable care of the Pallets,
  • have sufficient resources and equipment to handle the loading and unloading of Pallets,
  • deal with the LPR Pallets according to LPR's instructions in force provided from time to time,
  • store the LPR Pallets in a proper manner and in conditions which adequately protect and preserve the LPR Pallets, and by ensuring in particular the proper ventilation of storage areas and the proper distribution of piles in warehouses according to FIFO rule where possible (with a maximum of 40 pallets per pile depending on the site safety rules),
  • ensure a safe use of LPR Pallets, in particular by making sure that the LPR Pallets are not subject to contamination whatsoever, are free of any foreign body (staples, glass breakeage, etc.), and are not in contact with any toxic, dangerous, odorous, mineral, organic or radioactive substance. The use of LPR Pallets inside greenhouses or in cultivation fields is not permitted. If the LPR Pallets are contaminated or polluted, the Authorized Users shall inform LPR without delay.

The Authorized Users are aware of the fact that LPR Pallets, as tertiary packaging, are not intended to be in direct contact with food products.

The Authorized Users shall not refuse to return the LPR Pallets to LPR and shall not use them without prior authorisation from LPR.

STOCK KEEPING – INVENTORIES

LPR uses a computerised system to monitor the levels of LPR Pallets stocks at the Retailer’s sites where relevant.

For Retailers that receive LPR Pallets from LPR Customers, stock levels are based on the number of LPR Pallets delivered by the LPR Customers and the number of LPR Pallets collected by LPR or returned to its Customers.

LPR will inform the Retailers at regular intervals, or upon request, of the recorded LPR Pallets stocks. Such booked stocks shall be binding for the Retailers, unless detailed objection is sent to LPR within 30 days following the communication of the stock levels.

LPR and LPR’s authorised representatives are entitled to have reasonable access to the Retailers’ sites to perform collections, carry out stock audits or for any other relevant purpose in relation with LPR Pallets. The visits and inventories will take place during the opening hours of the concerned site and LPR employees will comply with the applicable safety conditions.

PHYTOSANITARY RULES AND REGULATIONS

Several legal and/or regulatory requirements, including those with respect to sanitary and phytosanitary rules and regulations (jointly the “Applicable Laws and Regulations”) apply to wooden pallets, in particular:

  • The World Trade Organization Agreement on Sanitary and Phytosanitary measures
  • The International Standards For Phytosanitary Measures No. 15 (ISPM 15) providing for a Regulation of Wood Packaging Material in International Trade, developed by the Food and Agriculture Organization of the United Nations (FAO) and the International Plant Protection Convention (IPPC).
  • The Council Regulation (EU) 2016/2031 of the European Parliament of the Council of 26 October 2016 on protective measures against pests of plants, and further implementing regulations such as Commission Implementing Regulation (EU) 2019/2072 of 28 November 2019.

Focus

Regulation (EU) 2016/2031 sets in particular the requirements for the import of wood packaging material (including pallets) from third countries into the EU.

All pallets imported into the EU (either loaded or empty) from third countries must be treated and officially marked in line with the ISPM15.

UE territories with specific requirements

  • For the purpose of Regulation (EU) 2016/2031, the following territories are considered as third countries: Ceuta, Melilla, Guadeloupe, French Guiana, Martinique, Réunion, Saint-Barthélemy, Saint-Martin, and the Canary Islands.

ISPM15 treatment is required for the wood packaging coming from some areas of the EU (such as Portugal and certain parts of Spain), in which pine wood nematode is known to occur (Commission Implementing Decision 2012/535/EU of 26 September 2012).

  • National laws. The above-mentioned norms and regulations are applied and interpreted in various manners in the different countries throughout the world. This may lead to a disparate set of legal requirements, depending on the country concerned.

In particular, pallets exported outside EU (either loaded or empty) to third countries may need to comply with specific phytosanitary requirements of the country of import (such as ISPM 15 treatment or phytosanitary certificate).

Focus - Canary Islands

According to Spanish law “Orden APA/1076/2018”, all pallets imported into and exported from the Canary Islands (either loaded or empty) must be treated and officially marked in line with the ISPM15 (including from and to the EU).

More information can be found on the IPPC website: https://www.ippc.int/en/countries/all/ispm15

It remains at all times the sole responsibility of the Authorized Users to inform themselves about the Applicable Laws and Regulations, which apply where relevant to the Authorized Users in their capacity of a professional operator, and to always request for and use ISPM 15-compliant pallets where required.

ISPM 15-compliant LPR Pallets can always be ordered by LPR Customers and delivered accordingly by LPR, all in compliance with the applicable laws of the country of delivery (“ISPM 15 LPR Pallets”). Once delivered, the LPR Customers, and more broadly, the Authorized Users, are fully responsible and liable for the use of the concerned ISPM 15 LPR Pallets.

Use of LPR Pallets not complying with the Applicable Laws and Regulations of the country of import is at the Authorized Users’ own risk, and as such LPR will not accept any claims that may result from any such use. LPR reserves the right to recover from the Authorized User any costs and expenses to be made by LPR as a result of (or any damages that may be claimed by any third parties related to) any use of non-ISPM15 LPR Pallets (where the use of ISPM15 LPR Pallets is required).

INFORMATION

Although every effort has been made to provide complete and accurate information, LPR makes no warranties, express or implied, or representations as to the accuracy of content on this web page. LPR assumes no liability or responsibility for any error or omissions in the information contained in the web page or the operation of the web page.

RISKS & LIABILITY

Authorized Users (and Non-Authorized Users) assume all risks associated with the LPR Pallets when they are under their control. Accordingly, Authorized Users (and Non-Authorized Users) shall be liable for any loss of or damage to LPR Pallets, as well as for any damage or personal injury caused by the LPR Pallets to any property or persons whilst under the Authorized Users’ (and Non-Authorized Users’) control.

All ensuing payments and, in particular, compensation amount for non-returned, lost or damaged LPR Pallets may be claimed from them directly by LPR.

Under no circumstances shall payment of compensation result in any transfer of property rights with respect to LPR Pallets.

DISPUTES

These Terms and Conditions are governed by French law. Any dispute or claim arising out of or in connection with the terms thereof shall be submitted to the exclusive jurisdiction of the relevant business court of Toulouse.

MISCELLANEOUS

The Customer Agreement if any will prevail over the present Terms and Conditions.