TITLE I. GENERAL PROVISIONS
In the general sense of the term, “transporter” is understood for the application of these general conditions, depending on the contracting party, as GROUP-GTS and/or any company or entity forming part of such, including but not limited to NV GEYBELS TRANSPORT SERVICE (freight broker licence 1856001), NV TDS LOGISTICS (transport licence no. 51760; freight broker licence no. 3384001) NV TRANSPORT GEBROEDERS VAN AERDE (transport licence no. 40782, freight broker licence no. 1217001).
The “client” in the context of these general conditions is understood to mean any party who issues a transport order, or more generally enters into a legal relationship with the transporter, with the understanding that by virtue of issuing the order or entering into a legal relationship the client declares to be authorised to this end and hence personally acts as guarantor for the obligations resulting from the order.
“Container transport” in the context of these conditions is understood to mean the transport of all forms of containers, including but not exclusively: Dry, Reefer, High-cube, Open Top, Flat Rack, Pallet-wide and Tank. This is irrespective of the size of the container and irrespective of any chassis on which it is transported, as well as without a distinction as to whether the container and/or chassis are the property of the transporter, the client or any other third party.
“General conditions” are understood as the entirety of the general provisions in these general conditions, as contained in Title I, supplemented by the specific provisions as included in Titles II and III, that are applicable to the cases as described therein.
Area of application
The general provisions in the general conditions are applicable to all orders placed (including as appropriate any storage before, during and after transport) and agreements and in general all legal relationships with the transporter unless agreed otherwise in writing, and to the extent the provisions in these general conditions may be applicable to the legal relationships.
These general provisions are supplemented by the specific provisions from the following titles concerning the respective activities for the transport of goods by road or the transport of goods using multi-modal transport.
This entails the general conditions of any other party, in whatever form, in no way being applicable to the legal relationship with the transporter.
By virtue of accepting the transporter’s quotation, the client also accepts the current general conditions.
The client cannot oppose necessary changes to the general conditions ensuing from a legal or regulatory obligation imposed on the transporter by virtue of Union law, international treaties or national law. Editorial changes without the adaptation of the content or meaning of the general conditions are not regarded as changes to the general conditions.
All quotations, submitted in whatever form, are without obligation and only apply as an invitation to place an order unless otherwise specified in writing by the transporter.
Verbal orders are only definitively accepted when they are confirmed in writing within 24 hours or when a start has been made on executing the order by the transporter. Written confirmation must be submitted as fully as possible with all information needed for the correct carrying out of the order (for example and not limited to: nature and quantity of goods, weight, type of container, container number, quay and/or depot, value, information for stowage and load securement, etc.).
This information must be in the possession of the transporter sufficiently beforehand in order to be able to execute the order as requested, whereby account must be taken of aspects including route distance, driving and rest periods, time window at loading and unloading places, administrative processing, pre-notification, etc.
Submitting a transport order entails the client consenting to the general conditions and accepting them as contractually binding. The transporter reserves the right to refuse a transport order despite any quotations submitted.
The client explicitly agrees that the transporter is permitted to contract the transport out to third parties without prior notice or agreement.
The client must add all compulsory documents to the load in good time that must the accompany the goods in compliance with the law or regulatory provisions. No or late submission of the required documents will result in the exemption of liability of the transporter, whereby the client will indemnify the transporter without prejudice to the possibility of refusing the load and the right to damage compensation. The transporter is under no circumstances liable for the incorrect or incomplete submission of information on the transport documents, including for example the correct quantity and the correct weight. All costs, liability and damage that may result from this are exclusively at the expense of the client, from whom they can be recovered.
Should there be reason to presume that the information provided by the client concerning dimensions, quantity or weight of the goods is incorrect or incomplete, or if no means are available to verify the dimensions, quantity or weight, the transporter reserves the right to make a reservation concerning this in the transport document.
Choice of transport modes
Unless an explicit agreement exists with the client in this respect, the transporter itself determines the route as well as the transport resources to be used for the transport. Unless a specific transport resource has been agreed between the client and the transporter, in the interest of the transporter goods can be transferred, unloaded or transported by any other transport resource without notification of the client.
The rates specified are always ‘bare’ prices, i.e. based on the distance and/or the weight . Any surcharges must be added to these sums such as (without being exhaustive) waiting times, ADR surcharge, custom scans or formalities, stopovers, physical controls, fuel surcharges, loading and unloading times, port duties, canal duties, low or high water supplement, ice supplement, obstruction supplement, clearance requirements, etc.
Rates for these surcharges are available on request and can be variable.
The freight fees and transport costs are payable by the client. In the event of transport whereby the client indicates that payment will be made by the addressee, the client and addressee are severally and indivisibly liable for payment.
Loading and unloading the transported goods is not included in the freight fees and must take place at the expense and risk of the client.
For the fulfilment of customs formalities the transporter only acts as the agent of the sender. Abnormal waiting times at customs as a result of such matters as strikes, problems with the consignment note or any types of customs documents, etc. give a right to a price supplement.
Terms of payment
All invoices from the transporter must be paid no later than within 30 days of the invoice date in the way specified by the transporter, unless a different due date is specified. After the passing of the due date, the client is by right considered to be in default without written notice of default being required and immediately becomes owing conventional damage compensation amounting to 15% of the due amount with a minimum of 125 euros, as well as interest from the due date amounting to 1.5% per month, whereby a part of the month is charged as a whole month.
The client grants the transporter a conventional right of retention and right of lien on all goods, containers and trailers, and this up to the payment of all overdue amounts that the client is still owing to the transporter, even should these amounts have a cause other than the transport order given.
The different debt claims of the transporter to the client, even if they relate to different shipments and to goods that are no longer in the possession of the transporter, form a single and indivisible debt for which the transporter may exercise all its rights legal and otherwise.
The transporter will under no circumstances consent to setting off between its invoices and any amounts receivable from the client to the transporter. Should in specific individual cases the above be waivered, this will in no case whatsoever grant any rights for the future.
Any complaints with regard to the invoices from the transporter must be submitted in writing and within eight days of receipt of the invoice, and must be sent by registered mail to the address of the registered office of the transporter.
Dissolution – cancellation
Dead freight and return freight are always charged according to the freight costs. Dead freight is understood to mean a late cancellation or change to a planned order after the times specified below:
For container transport:
- Transport order single route < 400 km:
- In the case of changes or cancellation after 12:00 hours (12 a.m./midday), one day before carrying out the transport 75% of the freight costs is charged.
- In the case of changes or cancellation after 14:00 hours (2 p.m.), one day before carrying out the transport 100% of the freight costs is charged.
- In the case of changes or cancellation on the day of transport 100% of the freight costs is charged.
- Transport order single distance < 400 km:
- In the case of changes or cancellation after 14:00 hours (2 p.m.), two days before carrying out the transport 50% of the freight costs is charged.
- In the case of changes or cancellation after 17:00 hours (5 p.m.), two days before carrying out the transport 100% of the freight costs is charged.
- In the case of changes or cancellation on the day before the first planned unloading time or on the day of the transport 100% of the freight costs is charged.
For all other transport than container transport:
- In the case of changes or cancellation notified after 12:00 hours (12 a.m./midday), one day before the first loading time 75% of the freight costs is charged.
- In the case of changes or cancellation notified after 15:00 hours (3 a.m.), one day before the first loading time 100% of the freight costs is charged.
Applicable law and competent lawcourt
The transporter and the client are subject to Belgian law with regard to these general conditions and with regard to all agreements between the parties. For both the transport of goods along national inland waterways and the international transport of goods along inland waterways – subject to the provisions of mandatory law from the Law on Inland Shipping of 5 May 1936 – the provisions from the Treaty of Budapest relating to agreements for the transport of goods along inland waterways (hereafter referred to as: “CMNI”) are applicable.
The authorised law courts of the registered office of the transporter are competent to judge any disputes between parties. In cases whereby the CMR convention is applicable, besides the abovementioned law courts the law courts mentioned in article 31, 1st paragraph of the CMR convention are also internationally competent.
Any invalidity of one of the provisions in these conditions in no event causes the invalidity of the other provisions, which will remain fully applicable.