The following provisions apply to any individuals or legal entities receiving goods on red LPR pallets (hereafter referred to as “the pallets”) and which are not bound to LPR by separate written agreement. These terms and conditions enter into force on 1 January 2016 and shall take precedence over any other terms and conditions relating to the subject matter thereof. Any acceptance of goods on pallets and any actual holding of the pallets outside the LPR rental circuit, implies acknowledgment and acceptance of these terms and conditions of use.
Full legal, beneficial and equitable title to and property in the pallets shall remain vested in LPR at all times. The pallets may not be transferred, leased, or exchanged whether free-of-charge or in return for payment, nor used for any other purpose than those authorised by LPR. They 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 infringement of copyright, for which the perpetrator may be held liable.
USE AND RETURN OF THE PALLETS
The pallets are hired by LPR’s customers for storing and transporting the goods that customers sell to their distributors and clients. Any third party that receives LPR pallets on its premises, either from LPR customers or otherwise, shall hold the pallets on a fiduciary basis as a holder (“the holder”) and shall assume the corresponding risks. As such, it shall be responsible for ensuring the qualitative and quantitative integrity of the pallets and shall neither refuse to return them to LPR nor use them without prior written authorisation from LPR.
Empty pallets shall be separated from other pallets and sorted by the holder; pallets shall then be made available to for collection. The holders shall keep LPR informed of the number of pallets in their premises, of any circumstances which might hinder collection, as well as of any modification to their sites and logistic circuit. In line with LPR’s sustainable development policy, the frequency of collections will depend on the number of pallets available for removal and on the possibility of organising a pooled transport.
STOCK KEEPING – INVENTORIES
LPR uses a computerised system to monitor the levels of pallets stocks at holders’ sites. For holders that receive pallets from LPR customers, stock levels are based on the number of pallets delivered by the customers and the number of pallets collected by LPR or returned to its customers. LPR shall inform the holders at regular intervals, or upon request, of the recorded pallets stocks. Such booked stocks shall be binding for the holders, unless detailed objection 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 holder’s sites to perform collections, carry out stock audits or for any relevant reason in relation with pallets. The visits and inventories will take place during the opening hours of each holder’s site and will comply with the applicable safety conditions.
Holders are liable for damages to or loss of the pallets under their control. All ensuing payments and in particular compensation amounts for missing 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 pallets.
These Terms and Conditions are governed by the law of the country where LPR has its registered office. 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 located in the town of LPR’s registered office.