General Terms and Conditions

Any operation carried out within the framework of the transport contract, as well as any storage before, during, and after the execution of the transport contract, shall be governed—even for domestic transport—by the provisions of the CMR Convention dated 19.05.1956, as well as by the general terms and conditions defined below, unless otherwise agreed in writing between the parties.

Unless otherwise stated in writing :

• the client is responsible for loading
• the consignee is responsible for unloading
• the carrier is responsible for securing the load, where necessary

The party responsible for these operations shall be liable for its own actions as well as for those of any persons assisting it and acting on its behalf. If the carrier participates in loading or unloading operations, such involvement shall fall outside the scope of the transport contract and the carrier shall be deemed to act solely as an agent of the client or the consignee.

The goods must be properly packed by the client. Packaging must be appropriate to the nature of the goods and the requirements of transport. The carrier shall automatically be released from any liability for loss, shortage, damage, or deterioration affecting insufficiently packaged goods. The client must indicate on each package the name and address of the consignor as well as the name and address of the consignee. Failing this, the carrier shall be entitled to increase the transport price.

Delivery shall take place at the threshold or loading dock of the buildings unless otherwise agreed. Any movement of the vehicle on the premises of the consignor, loader, or consignee shall be carried out entirely in accordance with their instructions and under their responsibility. However, the carrier may refuse such instructions if it considers that local conditions compromise the safety of its vehicle or the load.

If no competent person is present at the agreed delivery time, the carrier is instructed to unload the goods on site, after which the delivery shall be notified by the carrier to the consignor or the contracting party by any means. The latter shall be deemed to have accepted the delivery without any reservations.

Unless the consignor has expressly requested the carrier to verify the gross weight of the load within the meaning of Article 8, paragraph 3 of the CMR Convention, the consignor shall remain liable for any overload, including axle overload, identified during transport. The consignor shall bear all resulting costs, including those related to vehicle immobilization and any fines or other expenses incurred.

In the case of pallet transport, the client undertakes not to exceed a load of 750 kg per pallet unless otherwise agreed in writing in advance with the carrier.

The carrier shall be entitled to compensation for vehicle immobilization time. The carrier shall also be entitled to compensation covering all costs resulting from any additional immobilization time exceeding normal duration, taking into account the circumstances of the transport.

The carrier undertakes to deliver the goods within a reasonable time. However, delivery times are not guaranteed and do not form an integral part of the contract.

The carrier shall not be held liable for loss, damage, deterioration, or incorrect delivery resulting from events beyond its control, including force majeure, acts of third parties, or issues related to the shipment. Furthermore, the carrier shall not be liable for any indirect or special damages.

In the event of non-payment of an invoice by its due date, the amount shall automatically and without prior notice be increased by a fixed penalty of 15% of the invoice amount, with a minimum of €123.95, and late payment interest of 12% per annum from the due date. Failure to pay a single invoice when due shall automatically render all other outstanding invoices immediately payable, even if not yet due.

Goods in the possession of the carrier shall serve as security for the payment of any amounts owed to it by its debtors or by the owner of the goods. This lien shall be governed by the rules applicable to commercial pledges. The carrier may, in particular, exercise a right of retention over the goods in its possession.

If one or more provisions of these general terms and conditions are deemed unenforceable for any reason, the remaining provisions shall remain valid.

Our liability as warehouse keeper is governed by Articles 1915 et seq. of the Belgian Civil Code. If our contractual liability is engaged, the maximum compensation payable by our company shall be limited to 8.33 SDR per kilogram of gross weight lost or damaged, with a maximum of €5,000 per claim and per client. We draw our clients’ attention to the fact that they may need to take out insurance at their own expense to cover goods for a value exceeding the above limit. In such case, this insurance must include a waiver of recourse against our company, and our clients guarantee compliance with this obligation.

Any dispute arising or to arise between the parties shall fall under the exclusive jurisdiction of the courts of Brussels and the Justice of the Peace of the First Canton of Brussels.