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General terms & conditions
Applicable as of 01/02/2017
Art. 1 Definitions
• The Consignor: the client, owner or authorised representative for whom Euro-Sprinters nv provides carrier services.
• Euro-Sprinters nv: the forwarding agent who, for a fee, enters into a contract to arrange the carriage of Goods in Euro-Sprinters nv’s name; the costs of the transport are borne by the Consignor.
• The Service: every contract for the shipment of Goods offered to, and accepted by or executed by, Euro-Sprinters nv.
• The Goods: all goods, including their packaging, that the Consignor entrusts to Euro-Sprinters nv.
• Third Parties: parties who are not party to the contract, specifically the natural persons or legal entities with whom Euro-Sprinters nv does business in connection to the execution of Euro-Sprinters nv’s contract.
• Transport document and/or Waybill: the mobile application of CMR document used by Euro-Sprinters nv (Ministerial Decree 8, dated May 2002).
Art. 2 Areas of application, acceptance and amendment
These General Terms and Conditions apply to all agreements concluded with Euro-Sprinters nv, to all the Euro-Sprinters nv’s quotations and all orders received by Euro-Sprinters nv, except if deviant or other terms and conditions have been agreed in writing with the Consignor. By issuing a carriage contract to Euro-Sprinters nv, the Consignor accepts these General Terms and Conditions.
The Consignor’s general or specific terms and conditions cannot be enforced with respect to Euro-Sprinters nv.
Art. 3 Conditions of carriage
Euro-Sprinters nv aims to execute every carriage of Goods, exclusively and immediately. Unless otherwise agreed and permitted by law, every carriage is executed by road transport and is subject to the application of the provisions of the CMR Convention dated 19/05/1956.
Art. 4 Unacceptable shipments
The Consignor declares that the shipment is acceptable for carriage and confirms that the Consignor’s shipment is deemed unacceptable if:
- the shipment is designated as consisting of hazardous materials, hazardous goods, prohibited items or items that are subject to other constraints by the IATA, ICAO, ADR, the IMDG code, CMR, government authorities or other relevant organisations;
- no customs declaration has been submitted in cases in which that is required under applicable customs regulations;
- the shipment contains counterfeit goods, animals (with the exception of test animals for scientific purposes), bearer securities, currency, precious metals and gemstones;
- the shipment contains real or counterfeit weapons, weapons, explosives, ammunition;
- the shipment contains drugs, illegal narcotics, pornography;
- the Goods are not packaged appropriately for transport or if the packaging has been damaged;
- if the shipment contains perishable, organic substances, food or products that could pose a health risk;
The aforementioned list is not exhaustive.
Art. 5 Refusal or suspension of Services and the costs thereof
The fact that Euro-Sprinters nv accepts the Goods does not mean, by any means, that Euro-Sprinters nv acknowledges that the Goods comply with all conditions for admittance to the transport. Euro-Sprinters nv is entitled to refuse the collection or delivery of Goods and/or to suspend the transport of Goods. Euro-Sprinters nv may decide to return the Goods to the Consignor and to invoice the costs involved to the Consignor if the Goods are prohibited or hazardous in Euro-Sprinters nv’s opinion or if other conditions of the contract have not been met.
The Consignor is liable towards Euro-Sprinters nv if the refusal or suspension leads to costs or to any liability imposed on Euro-Sprinters nv.
Art. 6 Euro-Sprinters nv’s obligations
Euro-Sprinters nv shall make every effort to adhere to the completion time normal for the Services offered. If the Parties have arranged completion times in writing, Euro-Sprinters nv shall make every effort to adhere to those times. Those completion times are indicative and do not bind Euro-Sprinters nv.
Euro-Sprinters nv’s liability is limited exclusively to direct damage and/or losses to that for which these General Terms and Conditions and the CMR agreement provide. All other kinds of losses and damage are excluded (including, without constituting limitations, loss of profits, loss of income, loss of interest, loss of future turnover or other consequential loss), regardless of whether those losses or that damage are or is specific or indirect and even if Euro-Sprinters nv was informed of the risk of the loss or that damage prior to or after acceptance of the shipment.
Euro-Sprinters nv delivers the Goods in exchange for a signature on a transport document by whoever offers at the address of the destination which has been issued to Euro-Sprinters nv in advance. Euro-Sprinters nv is not obliged to deliver the goods to the consignee in person. If there is a reception or reception area at the aforementioned address, the Goods may be delivered to the reception or reception area.
Art. 7 The client’s obligations
The Consignor is responsible for packaging the Goods adequately to protect them against all transport risks, depending on the nature, the contents, the destination and the actions typical of the transport, and as indemnity against any damage.
The client must supply Euro-Sprinters nv with the files, details and necessary instructions in due time, all of which must be supplied by the latest when requesting the transport and in accordance with Euro-Sprinters nv’s specifications.
The client must furnish Euro-Sprinters nv with the Goods at the appointed places, hours, with all the agreed documents and all documents required by law attached, in accordance with Euro-Sprinters nv’s specifications.
The Goods will be received at, and delivered to, the thresholds of, or at the quays of, the buildings unless otherwise agreed in writing.
For international carriage, the Consignor is responsible for the documents, for the observance of the customs formalities and for the payment of fees and/or costs due.
Art. 8 Undeliverable items
If there is no one present to receive the delivery, we shall contact the Consignor. In consultation with the Consignor, we can arrange to deliver the Goods at another time or on another date. The costs involved will be charged to the Consignor by Euro-Sprinters nv according to the options at the time of the consultation. Euro-Sprinters nv does not store or tranship Goods unless otherwise arranged with the Consignor.
Art. 9 Euro-Sprinters nv’s brochures, quotations and rates
The brochures (including webpages on the website on which the offer is published) and Euro-Sprinters nv’s applicable rates are an integral part of these General Terms and Conditions unless otherwise agreed. The brochures and the rates may be changed on the same conditions as these General Terms and Conditions. Brochures and rates are available on request from Euro-Sprinters nv’s customer care department.
Euro-Sprinters nv is entitled to suspend, terminate or change the services intended in the General Terms and Conditions or the rates pertaining to them at any time and without prior notice.
Art. 10 Rates and payment conditions
The rates for the Services to be rendered are stated in the rates appendix.
Euro-Sprinters nv has a rate per kilometre, depending on the type of vehicle used. The kilometres are calculated from the departure point nearest to the loading address, then to the next loading and/or unloading addresses and finally back to the departure point. The departure points are constant and have been fixed by Euro-Sprinters nv. The kilometres to be travelled are determined by means of PTV’s maps software on the basis of the fastest route. Euro-Sprinters nv has rates that are available on request for transports in vehicles taller than the type 1500. Unless otherwise agreed in the rates appendix.
The rates for the Services to be rendered do not include VAT. The VAT and all other current and future fees, duties and taxes of any nature imposed by any authority pursuant to or within the context of this agreement will always be borne by the client and will be added to the price where applicable and are payable in addition to the price.
Every year, the rates are indexed at least once according to the formula linked to the cost-price index. This formula is available on request from Euro-Sprinters nv’s customer care department.
Rate supplements may be added for international transports in accordance with the notices in the rates appendix. The fuel surcharge is calculated on the basis of the cost-price index published by ITLB (www.itlb.be, fuel segment, domestic carriage, general information).
The average index of the year determined by Euro-Sprinters nv is compared to the index of the month prior to the month in which the invoice is sent and multiplied by 8.8. That sum is adjusted to 80%.
If no one is present at the loading address or the unloading address and the service partner decides, in consultation with the dispatching department, to wait for the client, a supplement for the waiting times will be added to the agreed rate.
Euro-Sprinters nv’s invoices must be paid within thirty days of the date on the invoice unless otherwise agreed in writing.
If the client has not paid by the due date, the client must, by operation of law and without requiring any notice of default, as of the date on the invoice, pay an annual interest of 10% on the outstanding balance of the invoices and a fixed compensation of 10% on the outstanding balance, with a minimum of EUR 50.
If the client cancels a request for a transport, the client must pay the following sums or the following percentages of the price arranged for the transport.
|Type of vehicle||cancellation more than 4 hours before the departure||cancellation less than 4 hours before the departure||cancellation during the transport|
|450,800,1500||0%||minimum fixed sum||cost of dead freight|
Art. 11 Compensation paid by Euro-Sprinters nv and an optional insurance policy with an external company
The regulations of the CMR Convention apply to the risks involved in carriage. Euro-Sprinters nv can never be held liable in the event of Force Majeure (bad weather, breakdowns and mechanical problems, malfunctions in the software or hardware installations, labour strikes, lightning strikes, floods, fire, terrorist attacks, inspections, embargoes and seizure by competent authorities and traffic jams) or other incidents that occur beyond the control of Euro-Sprinters nv due to Third Parties or as a consequence of the client’s intervention.
The client may take out extra insurance with an external insurance company. The conditions of this extra insurance are available, free of charge, on request from Euro-Sprinters nv’s customer care department. Euro-Sprinters nv does not offer any insurance and does not accept any value statement of (indicated or assumed) on documents that are handed over to, or exchanged with, Euro-Sprinters nv’s employee.
Art. 12 Customer care
To ensure that our clients get the best possible service, the staff at our customer care department are always ready to answer all your questions and/or remarks. You can reach us on line (+32) (0)800 32 233 or send an email to email@example.com (between 7.30 a.m. – 4.30 p.m.). Our customer care department does not answer any questions and/or complaints from Third Parties, including those from the clients and subcontractors of the Consignor or the consignee of the goods.
Art. 13 Complaints
The receiver confirms, by signing or accepting the Waybill on delivery, that there is no visible damage to the packaging or to the Goods and the number of delivered Goods matches the number of Goods entrusted to Euro-Sprinters nv.
However, if a dispute arises about non-visible damage to Goods involved in a transport carried out by Euro-Sprinters nv, it should be reported in writing to Euro-Sprinters nv within seven working days, preferably by sending an email to firstname.lastname@example.org stating the transport number. All other complaints must be reported to Euro-Sprinters nv within 7 days of execution. Complaints related to the invoicing must be reported to Euro-Sprinters nv within 8 days of the date on the invoice.
Art. 14 Notifications
The Consignor accepts that, as a departure from Article 1223 of the Belgian Civil Code, the messages may be sent via electronic mail or any other means of telecommunication and that the Consignor, as the addressee, is deemed to accept these messages as a written notification, except if the Consignor requests a signed document to be forwarded.
Art. 15 Applicable law
All legal relationships to which these Terms and Conditions apply are governed exclusively by Belgian law.
Art. 16 Stipulation on jurisdiction
The courts of law in the place of Euro-Sprinters nv’s registered office, as the location of the formation and execution of the agreement have the exclusive jurisdiction to hear a case, without prejudice to Euro-Sprinters nv’s right to bring the case before another court.
Art. 17 Working with Third Parties
Euro-Sprinters nv may, as a forwarding agent, call in external, independent partners and/or subcontractors for the execution of this agreement.