Special Conditions Supply of wagons by SNCF, Keeper Contents Article 1 Terms of Supply Article 2 Procedures for the Ordering and Hand-Over of Wagons Article 3 Delivery of Wagons Article 4 Return of Wagons Article 5 Loading and Unloading Times Article 6 Services other than Loading and Unloading Appendix List of Keeper Railway Undertakings having made a bilateral agreement with SNCF 1 Fret SNCF – Terms of Sale - 1 January 2014 Special Conditions Supply of Wagons by SNCF Translation from French: In case of discrepancy in the translation, the French version shall prevail. SNCF is a party to the General Contract for Use of freight wagons (GCU/CUU) as a wagon keeper RU. Its entity in charge of maintenance (ECM) is Emewa SAS, which is ECM certified and ERA registered. These special conditions of supply also apply to : - the supply of wagons of other Keeper RUs having an agreement with SNCF (list appended hereto) and when SNCF is the user RU of the wagons. - the supply of wagons rent by the SNCF to other keepers. 1. Terms of supply 1.1 The wagons supplied by SNCF, a contractual RU, are made available for conveyance in order to be handed over to transport operations by SNCF as user RU or by substitute or follow-on carriers, or in accordance with terms set out in special agreements with the customer. The latter terms specify the way of supply and operating regime. The number and type of wagons to be supplied are agreed between SNCF and the customer. The latter is responsible for giving exact and complete information about his wagon(s) need. SNCF shall supply the appropriate number of wagons, inasmuch as it has them available. The rolling stock shall be supplied in the technical condition and state of cleanliness permitting its use for the planned carriage. SNCF can supply to the consignor and the consignee the instructions of use for the wagons supplied. These instructions must then be applied. 1.2 The customer shall use the rolling stock only for the planned transport. He shall be liable for all damage to the stock made available to him. 1.3 The client undertakes to bring to the attention of all parties concerned by the use of the wagons (consignor, consignee, anyone joined in the contract, etc.) the provisions of the SC Supply of Wagons that concerns them, and, in particular, point 5 below. 1.4 The UIC loading guidelines are to be applied. 2. Procedure for the ordering and hand-over of wagons 2.1 Order The wagon(s) must be ordered by filling out a paper or computerised form and addressing it to the designated Customer Service within the agreed order time, before the date on which the customer desires to have it (them) available This time shall be determined case by case by mutual agreement contractually with the client. The order shall state the following: − the categories of the wagons requested and the number of wagons of each category, − the date on which the customer wishes to have them available, − the station and place of loading, unambiguously named. This information shall be supplemented, if possible, by the name of the destination station or stations of the wagons, by a description of the goods to be carried and their packaging if any. SNCF shall acknowledge every order by a response stating the terms of supply. Orders placed less than within the agreed order time before the requested date of availability shall be processed and handled without a commitment to perform. 2.2 Modification or cancellation of an order An order for additional wagons shall in all cases be considered as a new order. The cancellation of an order or the modification of an order to reduce the number of wagons ordered must be done via a written order addressed to the Customer Service under the same conditions as the initial order, before 12:00 on the working day preceding the one planned for the placement at disposal. Such a cancellation or modification notified later than the above deadline, or after the wagons have been handed over shall incur penalty charges as specified in the Tariffs available on the Fret SNCF website http://fret.sncf.com/fret/nos_services_et_offres_commerciales/548- conditions_commerciales_et_tariffs.html ) and, when relevant, obligates the customer to comply with the wagon(s) return times stated in Article 5.3 below. 2.3 Placement of wagons at customer’s disposal The customer must visually check that the rolling stock placed at his disposal is free from defects. He shall communicate in writing to 2 Fret SNCF – Terms of Sale - 1 January 2014 SNCF any reservations he may have, before proceeding with loading and in any case within eight (8) hours following delivery of the wagons. In the event that the wagon(s) are delivered after the closing time of the delivery site, any reservations must be stated within eight (8) hours following the reopening of the site. Failing such notice of reservations the wagons shall be deemed to have been handed over to the customer suitably fit in good technical order and in a clean condition for use. The customer shall advise SNCF when the wagons have been handed over to a different or subsequent user Railway Undertaking (see Point 1.1 above). 3. Delivery of wagons SNCF shall have the wagons delivered to the location stated in the contract of carriage. The consignee must visually check that the delivered rolling stock is defect-free. He shall communicate in writing to SNCF any reservations he may have, before proceeding with unloading and in any case within eight (8) hours following delivery of the wagons. In the event that the wagon(s) are delivered after the closing time of the delivery site, any reservations must be stated within eight (8) hours following the reopening of the site. Failing such notice of reservations the wagons shall be deemed to have been delivered in good condition. The consignee shall advise SNCF, without delay, when the wagons are handed over to a user Railway Undertaking. 4. Return of wagons The wagons shall be returned empty or loaded, in serviceable condition, and with all the accessories they had when delivered. Any non- removable stanchions and drop sides/ends must be raised before handing over the wagons. The cleaning of empty wagons after unloading is incumbent upon the consignee, who shall be liable for it. In the event of discovery by SNCF that a consignee has failed to comply with any of the above provisions the consignee shall be charged for reconditioning as per the GCU rules, the cost of replacing the missing accessories or the cost of cleaning as provided for in the Tariffs. 5. Loading and Unloading times The loading and unloading of wagons shall be done respectively by the consignor and the consignee within the times and in accordance with the terms described below. Beyond these allowed times, the immobilisation of wagons shall be charged and invoiced. 5.1 Start-time of wagon immobilisation and allowed time for loading and unloading Immobilisation and the allowed time for loading and unloading take effect on Day D: − at the moment the empty or loaded wagon is effectively handed over, empty or loaded, in the station (loading or unloading sidings), terminal sidings installation (ITE), on combined transport sites, on secondary railway lines, on port installations − in the event the wagons cannot be delivered or surrendered for reasons not attributable to SNCF, at the moment when such handover would have occurred had it not been prevented. 5.2 End of the allowed time for loading and unloading The contractual time ends on D+1 at 24:00, with D-day being the day of provision defined in Article 5.1 Saturdays, non-working days not included. An additional 24 hours shall be allowed for the double operation of unloading and reloading. 5.3 The end of immobilisation of the wagons Return of the wagons shall be deemed effective in the station, when the customer or their representative advises in writing ( notice of release) that the loading or unloading has been completed, and in the other locations upon removal by the planned SNCF service. 5.4 Extension of wagon handover time. If the customer is not able to return the rolling stock within the contractual time under Article 5.2, the deadline may be extended against payment to SNCF of the costs calculated according to the following terms and conditions. 5.4. 1 Count-up of units for invoicing: The counting of units to be invoiced begins on D+2 at 00:00 with D being the day the wagon is handed over as defined in Article 5.1 above and ends after removal by the planned service, including that day. 5.4.2 The counting unit is the day, indivisible, excluding Saturdays and holidays. 5.4.3 The unit price per day for each wagon type is set out in the Tariffs ( available on the Fret SNCF website http://fret.sncf.com/fret/nos_services_et_offres_commerciales/548-conditions_commerciales_et_tariffs.html ). The amount to be invoiced (excluding VAT) is equal to the unit price multiplied by the number of units counted. 5.4.4 The expense shall be charged to the consignor, the consignee or the private siding owner, depending on the case. 3 Fret SNCF – Terms of Sale - 1 January 2014 5.4.5 In the case where the expenses are invoiced pursuant to 5.4.4 above, Section 6.1 of the Special Conditions on Use of Wagons shall not apply. 6. Services other than loading and unloading The handover of wagons for services other than loading or unloading, e.g.