Special Conditions Supply of wagons by SNCF as keeper Contents Article 1 Rules and principles Article 2 Wagon ordering conditions Article 3 Provision of ordered wagons Article 4 Handover of empty or loaded wagons to contractual consignee Article 5 Return of empty wagons Article 6 Use of wagons Article 7 Loading and unloading periods Appendix List of Keeper Railway Undertakings that have signed an agreement with SNCF 1 Commercial Conditions - Fret SNCF – 1 January 2015 Special Conditions Supply of wagons by SNCF as keeper In its capacity as a Railway Undertaking and Keeper, SNCF is a signatory to the General Contract for the Use of wagons (GCU). The entity in charge of maintenance (ECM) for its wagons is ERMEWA SAS, a certified ECM registered with ERA. The present Special Conditions set the supply conditions and rules of use for wagons supplied by SNCF. They are also in force when the wagons supplied by SNCF have been provided by other Keeper Railway Undertakings with whom SNCF has concluded an agreement (list included as an appendix). SNCF acts as Operator of these wagons throughout their time in France or when they have been leased to SNCF by other keepers. 1 Rules and principles 1.1 SNCF may supply wagons to its customers for the execution of domestic or international, wagonload or block train freight services with which they have entrusted SNCF (or one of its substitute or consecutive carriers) in its capacity as Railway Undertaking. 1.2 The customer shall only use the supplied rolling stock for the transport services thus covered. 1.3 These wagons shall be returned empty at the request of the shipper-customer, where necessary along with a user and instruction manual for these wagons that the Customer undertakes to comply with. 1.4 The keepers of these wagons are either SNCF, keepers from whom SNCF has leased wagons, or Keeper Railway Undertakings who have contractually provided wagons to SNCF (list included as an appendix). They shall all be in working condition, in accordance with the principles set by their certified entities in charge of maintenance (ECMs). 1.5 These wagons shall be supplied up to date in terms of repair work and in suitable condition for conveying the goods due to be loaded onto them. The shipper-customer shall assume responsibility for the wagons as of the moment of provision, and is held liable for any damage to the rolling stock it has been provided with . 1.6 The UIC Loading Guidelines must be complied with during loading. 1.7 It is incumbent upon the shipper-customer to inform its consignee of precautions for use of the wagons. 1.8 The customer undertakes to inform all parties concerned by the use of the wagon (consignor, consignee, private siding owner, etc.) of the stipulations in the present Special Conditions for the Supply of Wagons relevant to them. 2 Commercial Conditions - Fret SNCF – 1 January 2015 1.9 Any handover of the wagons to another user Railway Undertaking (uRU) signatory to the GCU at the initiative of the customer is subject to the prior consent of SNCF. 1.10 The provision of wagons for uses other that the carriage of goods (e.g. storage) shall be subject to special conditions. 1.11 SNCF may lease its wagons to its customers for renewable terms of up to twelve months in accordance with conditions set in a contract. 1.12 The Special Conditions for the Use of Wagons apply. 2 Wagon ordering conditions 2.1 The number and type of wagons to be supplied shall be agreed on by SNCF and the customer. The customer is accountable for the accuracy and exhaustiveness of the information it provides. 2.2 SNCF shall supply the appropriate number of wagons within the bounds of available capacity. 2.3 Wagons shall be ordered by means of a paper or electronic form completed by the customer and sent to the relevant Customer Services within the agreed order period ahead of the date on which the rolling stock is to be provided as requested. The order period shall be determined on a contractual basis with the customer. The order form shall include: − the wagon categories and the number of wagons requested for each category, − the date of provision, − the station and loading site, stated precisely. This information shall be supplemented, where possible, with the name of the destination station(s) of the wagons as well as the designation of the goods to be carried and their conditioning. The order shall be approved by way of a response from SNCF mentioning the supply conditions. 2.4 Orders passed within a shorter period than the agreed order period shall be processed without a commitment as to their execution date. 2.5 Any order for additional wagons shall be considered as a new order. 2.6 Any amendment or cancellation of an order leading to a reduction in the number of wagons shall be requested by way of a written order sent to Customer Services under the same conditions as the initial order, at the latest before 12 noon on the working day before the planned day of provision. 2.7 Any change or cancellation announced beyond this deadline or after the wagons have been provided shall require the payment of penalties as stipulated in the Tariffs ( available on the Fret SNCF website at the following address: http://www.sncf.com/en/freight/regulations-tariffs-terms ), 3 Commercial Conditions - Fret SNCF – 1 January 2015 and oblige the customer, where applicable, to comply with the return periods stipulated under point 5.3 hereafter. 3 Provision of ordered wagons 3.1 Ordered wagons shall be provided by SNCF to the customer at the site stated in the order. 3.2 The customer must check that the rolling stock thus provided presents no apparent defects. The customer shall communicate in writing any reserves he has to SNCF before any wagons are loaded, and in any event within 8 working hours of the handover of rolling stock. Should the wagon(s) have been handed over after the closure time of the delivery site, any reserves on the part of the customer must be expressed within 8 hours of the site's reopening time. In the absence of any reserves, the wagons shall be deemed as having been delivered to the customer in sound technical and cleanliness conditions for use. 4 Handover of empty or loaded wagons to contractual consignee 4.1 Ordered wagons shall be provided by SNCF to the consignee at the site stated in the contract (CUV WN or CIM CN). 4.2 The consignee must check that the wagons handed over present no visible defects. The consignee shall communicate in writing any reserves he has to SNCF before any wagons are loaded or unloaded, and in any event within 8 working hours of the handover of rolling stock. Should the wagon(s) have been handed over after the closure time of the handover site, any reserves on the part of the customer must be expressed within 8 hours of the site's reopening time. In the absence of any reserves, the wagons shall be considered as having been handed over to the consignee in good condition. 5 Return of empty wagons 5.1 Wagons shall be returned to SNCF empty, clean, in working condition and equipped with all the detachable accessories they were supplied with. Stanchions and collapsible boards shall be raised prior to return. The customer is responsible for all these measures. 5.2 In the event of non-compliance identified by SNCF with any of the aforementioned stipulations, the customer shall be required to pay repair costs as specified in the GCU, replacement costs for the missing accessories or cleaning expenses for the wagons as specified in the Tariffs. 6 Use of wagons 6.1 When it is not being used by a Railway Undertaking and provided that SNCF is not at fault, a wagon is under the responsibility of the manager of the infrastructure on which it is 4 Commercial Conditions - Fret SNCF – 1 January 2015 located; the infrastructure manager must use it reasonably. 6.2 In the event of damage to a wagon, the infrastructure manager must notify SNCF as soon as possible. It is SNCF's responsibility to take measures as soon as possible to handle the damage affecting a wagon. 6.3 In the event that the wagon requires lifting, the infrastructure manager must execute or commission the execution of the lifting operation, under its responsibility and in strict compliance with standard practice, and document it. 7 Loading and unloading periods 7.1 With regard to the use of wagons supplied in accordance with the present Special Conditions , the consignor and consignee shall each be granted a period as described hereafter for loading and unloading the wagons. Beyond that period, wagon immobilisation shall be invoiced. 7.2 Loading or unloading take effect on a day designated as D: ° at the time when the empty or loaded wagon is provided in a station (accessible tracks), on private sidings in terminals, on combined transport sites, on secondary railway tracks or in a port; ° in the event of circumstances preventing delivery or handover not attributable to SNCF, at the time when the wagon(s) would have been available had these circumstances not arisen. 7.3 The period ends on D+1 at 24:00, D being the day of provision as per point 7.2, Saturdays and non-business days excluded. 7.4 A fixed extension period of 24 hours shall be granted when unloading and loading take place.