General terms and conditions of sale
1. All our transports are carried out under CMR conditions. (1)
2. An "All Risks" insurance policy can be taken out on written request.
3. Your transport orders must be confirmed in writing before 2 p.m. in order to be taken into account on the day of the order. All orders signify acceptance of our conditions.
4. This offer cancels all previous offers for the same traffic.
5. The rates quoted are exclusive of VAT and valid for one month or until the validity date stated in the quotation, unless there is a significant increase in our cost price (diesel, tolls, taxes, etc.).
6. The rates apply to goods that are managed at ambient temperature, non-hazardous and non-ADR, not considered as waste and not subject to customs formalities (unless explicitly provided in the offer), properly packaged (EUMOS 40509 standard) and labelled. Any failure to do so may result in delays, costs or damage for which we cannot be held responsible. In addition, any costs we may incur will be invoiced.
7. ADR transports are invoiced with a 15% surcharge subject to the diesel surcharge.
8. Pick-ups or deliveries using a tail lift may be subject to an additional charge.
9. Our prices are agreed from the goods loaded on the truck to their arrival at the destination on the truck (not unloaded). Loading and unloading are to be carried out by and under the responsibility of the shipper and the consignee respectively. If the participation (total or partial) of the driver is requested for these operations, all consequences are the responsibility of the applicant.
10. Stowage is carried out by us in accordance with standard procedures. Any specific requirements must be communicated before collection and may be subjected to a supplementary quotation.
11. Within the limits of Article 7 of the C.M.R. Convention, the consignor is responsible for labelling the goods dispatched and correctly filling in the consignment note and any other transport document. The mention on the consignment note of the identity of the sender and the consignee is fully authentic between the parties. If the consignor, i.e. the principal, is not present when the consignment note is made out, it is signed by the stevedore, the quay staff or the forwarding agent, who are deemed to be acting as the consignor's agents.
12. The weight declared by the sender in the consignment note is not recognised by us and shall not be evidence against us unless verification as provided for in Article 8 par. 3 of the C.M.R. Convention has taken place and has been indicated as such in the consignment note. The "said to contain" clause is applicable ipso jure if we take over the goods, crates, boxes, bales, drums or any other opaque packaging without being able to examine their contents or their condition. Any financial penalty requested by an authority and due to an overall or axle weight overload attributable to the consignor or the principal will be invoiced.
13. In the event of a change in the quantities announced at the time of order (increase), we cannot guarantee the agreed delivery time and our price will be modified accordingly.
14. Pallets will not be exchanged unless prior agreement has been reached. If we agree to exchange pallets, they must be available at the consignee's premises at the time of unloading, otherwise we are no longer responsible for the exchange. The cost of the exchange is €1.00 per European pallet for national transport and €1.50 per European pallet for international transport. Other pallets (or empties) can be exchanged on specific offer. A 5% shrinkage rate applies. The carrier is not responsible for the condition of pallets returned by consignees. The principle of the statute of limitations for exchange after 1 year applies. Exchange vouchers may be accepted by specific agreement depending on the destination and volume, provided that they are valid for at least one year. They don’t constitute an exchange as such.
15. In the case of delivery by appointment, additional costs will be charged.
16. The following loading and unloading times apply:
a. Distribution (1 to 3 pallets): max. 15' for loading/unloading included in the price.
b. Small LTL (4 to 10 pallets): max. 30' for loading/unloading included in the price.
c. Large LTL (11 to 25 pallets): max. 45' for loading/unloading included in the price
d. FTL (>25 pallets): max. 1 hour for loading/unloading included in the price (2 hours for international transport over 400km).
a. Distribution (1 to 3 pallets): max. 15' for loading/unloading included in the price.
b. Small LTL (4 to 10 pallets): max. 30' for loading/unloading included in the price.
c. Large LTL (11 to 25 pallets): max. 45' for loading/unloading included in the price
d. FTL (>25 pallets): max. 1 hour for loading/unloading included in the price (2 hours for international transport over 400km).
17. On the basis of paragraphs 16 and 23, a surcharge of €70 per additional hour will be invoiced. The cost of immobilising a vehicle (or combination of vehicles) is €750 per day, and €35 per day for a trailer. We reserve the right to withdraw the vehicle due to the driver's operational or personal imperatives, including in particular obligations to other customers, obstruction of traffic, service time limits or lack of amenities.
18. For national transport, if the customer cancels the order before 2pm on the day before loading, 50% of the transport price will be charged. After 2 p.m., compensation will be 75%; on the day of loading, 85%; if the truck is at the loading location, 100%. For international transport, compensation will be 75% of the agreed price if cancellation occurs within 48 hours of loading, 85% on the day of loading and 100% if cancellation occurs within 4 hours of loading.
19. It is essential that we are notified in advance of any unforeseen circumstances, such as machine stoppages or other possible consequences of a delay, and these may be subject to a special price. The principle of discounts or penalties for late delivery is excluded unless specifically agreed in advance.
20. Unless otherwise instructed, loading and unloading sites are accessible for semi-trailers or tractor-trailers with an MMA of 40 or 44T depending on the country. Any costs arising from inaccessibility will be invoiced.
21. Cash on delivery deliveries must be confirmed in writing (charges: 2% of the amount to be collected, with a minimum of €20).
22. Certain mountain areas or islands are subject to supplements (confirmed by our planning department when ordering or on request).
23. For the completion of any customs formalities possibly provided for in the offer, the carrier acts exclusively as the sender's agent. Abnormal waiting times at customs due, among other things, to unforeseen strike actions or due to the absence, inadequacy or inaccuracy of the consignment note or any other document such as TIR carnets, T documents, health certificates and others, entitle the carrier to a surcharge per hour of waiting time, any hour started being due (see article 17).
24. Proofs of delivery (POD, CMR, etc.) are available on our website for 3 months after invoicing. Any request for a document outside this access period will be invoiced at €5/document. Any absence of a document cannot under any circumstances give rise to a discount or cancellation of the transport invoice. The CMR (or the simplified consignment note for short-distance transport or our delivery note) is the only authentic transport document in the event of a dispute or claim.
25. In the event of damage to the goods, they must be kept available for inspection by the insurers in the state in which they were delivered and in the place where they were received. If the damage is not attributable to us, any costs of removal and destruction will be charged to the customer.
26. Our payment terms are 30 days from date of invoice. Any invoice not fully paid by the due date shall automatically, and without notice of default, accrue interest at the annual rate set by the Belgian law of 2 August 2002 on combating late payment in commercial transactions, increased by seven percentage points. The invoice amount will also be increased by a flat-rate penalty of 10%, with a minimum of €125.00 for administrative costs.
27. Any delay in payment and/or failure by the customer to fulfil any of its obligations entitles us to exercise a right of retention over the goods transported. Without prejudice to the lien provided for in art. 20, 7° of the Mortgage Act, it is agreed that all goods entrusted to our company are pledged in its favour to cover the claims that it has or may have against the customer, and that we may realise these goods in payment of our claims.
28. Any dispute arising directly or indirectly from the agreement is subject to the jurisdiction of the Courts and Tribunals of the Carrier's registered office. This jurisdiction is formulated in the interest of the Carrier, which alone may waive it. In the event of waiver, the territorial jurisdiction of the courts is determined in accordance with the Lugano Convention (30.10.2007) on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters.
29. These terms and conditions are governed by Belgian law.
(1) Our transport services are subject to the provisions of the CMR Convention (Belgian law of 4 September 1962) and its additional protocols. For all our other services not involving transport, the maximum compensation payable by our company in the event of liability will be 8.33 D.T.S. per kg of gross weight that is missing or damaged. This compensation limit applies without exception to each of our activities and no compensation will be payable for any loss suffered as a result of unavailability and/or loss of customers or for any indirect loss whatsoever.