Algemene Voorwaarden Pakketten
EXTRAtransport : a transport company located at Cabinestraat 22, 9140 Temse, Oost-
Vlaanderen with registration in the Crossroads Bank for Enterprises under number 0748.716.571.
Customer : Any natural person or legal entity offering a Parcel for Transport to EXTRAtransport and/or any person who, as consignor, consignee or in any other capacity, may assert any interest in the Parcel or its delivery.
Package: any envelope, parcel, bag, pallet or other shipment that meets the conditions to be transported as a Parcel, as stipulated in the regulations and these General
Conditions and which was entrusted by the Customer to EXTRAtransport.
Service: Any order offered to EXTRAtransport and accepted or executed by it from offered and accepted or executed by it from
the shipment of a Parcel.
Transport: all operations and Services relating to the Parcel (including -if applicable- its collection, transport and delivery at the destination address).
Order : the request made by the Client to EXTRAtransport to provide a Service.
Quotation: the terms conveyed by EXTRAtransport to the Client at which EXTRAtransport is prepared to perform the Service.
Transport document and/or waybill : the CMR document used by EXTRAtransport.
Shipping list: the document or file prepared or created by the Customer containing the enumeration of the objects that are the subject of Transport and describing the condition of the individual objects.
B) Toepassingsgebied De onderhavige Algemene Voorwaarden Pakketten zijn van toepassing op alle volgende pakketvervoerdiensten aangeboden door EXTRAtransport. The Services and the contractual relationship between the Client and EXTRAtransport are subject to the provisions of the CMR Convention of 19 May 1956 on the Contract for the International Carriage of Goods by Road.
C) Acceptance of the General Terms and Conditions When a Customer deposits a Parcel with EXTRAtransport to be dispatched, the Customer declares to have taken note of the General Terms and Conditions and accepts them without reservation, both on its own behalf and on behalf of any person involved in the Parcel for which the Customer is acting.
The General Terms and Conditions can always be consulted on EXTRAtransportl's website (https://www.extratransport.be/algemene-voorwaarden).
The General Terms and Conditions are always transmitted to the Client by EXTRAtransport after the Client has placed the Order.
D) Conclusion of the agreement and cancellation The agreement comes into effect after the Quotation submitted by EXTRAtransport to the Client has been accepted by the Client and this acceptance has been confirmed by EXTRAtransport to the Client.
Confirmation by EXTRAtransport will also indicate the time and place where EXTRAtransport will collect the Parcel from the Client.
The agreement can be cancelled by the Customer up to 6 hours before the announced time of collection by EXTRAtransport of the Parcel.
If the contract is cancelled by the Client later than 6 hours before this time, the Client is obliged to pay the price charged by EXTRAtransport for the Service.
2) Offering packages
A) Prohibited or dangerous goods EXTRAtransport does not transport goods whose transportation is prohibited or which it cannot safely transport or which are illegal.
Packages whose Transport and Handling is subject to ICAO (International Civil Aviation Organisation) and IATA (International Air Transport Association) regulations concerning the international carriage of dangerous goods, ADR ('Accord Dangereux Routier'= European Agreement concerning the International Carriage of Dangerous Goods by Road) regulations and other relevant national or international regulations (hereinafter referred to as "Dangerous Goods") cannot be handed over to EXTRAtransport for Transport, unless with the prior written consent of EXTRAtransport.
B) Obligations of the Customer B1) The delivery of Parcels to EXTRAtransport for Transport implies, unless otherwise expressly agreed, that:
1. the Customer prepared the Parcel himself or had it prepared by a reliable person and that the Parcel was protected against unauthorised interference during preparation, storage and Transport before it was handed over to EXTRAtransport;
2. the contents of the Package are correctly described, if applicable;
3. If the Parcel contains several and separate items or objects or contains an item or object that is the subject of auction activities or is part of a collection of an art or antiques gallery or is a private art or antiques object, the Client must deliver to EXTRAtransport together with the Parcel a Dispatch list listing the individual objects or items together with a full description of the condition of the object or item. If this list and/or description of condition is not provided by the Client, the condition upon delivery of the Parcel and its contents shall be deemed to be the condition of the Parcel or its contents upon receipt of the Parcel by EXTRAtransport.
4. Upon taking delivery of the Parcel, EXTRAtransport shall be entitled to subject the contents of the Parcel to an examination and to check that the Shipping List corresponds to that which is the subject of Transport. Deviations will be noted by EXTRAtransport on the Shipping List.
5. the delivery address and all other data necessary to deliver the Parcel are exact, legible and complete or have otherwise been sent to EXTRAtransport; EXTRAtransport reserves the right to charge a surcharge if the Parcel cannot be delivered due to missing or incorrect address data;
6. the Parcel has been safely and carefully packed in suitable, homogeneous packaging so that it can withstand the disadvantages and risks of Transport and cannot cause damage to EXTRAtransport or third parties. If the Parcel consists of several parts, that they cannot separate from each other; Different Parcels must not be attached to each other; It must be possible to deliver the Parcel in its original packaging. If, in EXTRAtransport's judgment, the Parcel is not properly packed, it reserves the right to proceed with the packing itself after notifying the Client in advance. EXTRAtransport is entitled to apply a rate surcharge in this case.
7. all applicable customs, import, export, embargo and other laws and regulations have been complied with; 8. except with EXTRAtransport's prior written consent, the Package does not contain any Prohibited or Dangerous Goods.
B2) Without prejudice to the other rights ofEXTRAtransportl, the Customer shall indemnify EXTRAtransport for claims by third parties arising from the Transport of Prohibited or Dangerous Goods and the Customer shall compensate EXTRAtransport for any damage or costs incurred as a result, including legal costs.
C) Customs operations and taxes C1) The Customer is solely responsible for customs transactions, for complying with the applicable regulations and for presenting all necessary and useful documents to the authorities. EXTRAtransport accepts no liability towards the customs authorities in relation to the Parcels.
C2) If EXTRAtransport is obliged or willing to intervene in customs transactions due to circumstances, such intervention shall be made either by EXTRAtransport or by a customs representative appointed by EXTRAtransport, in the name and for the account of the Client or in the name and for the account of the consignee of the Parcel. Should a customs authority require additional documents confirming EXTRAtransport's authority to intervene in customs operations, the Client shall be responsible for providing the required documents at its own expense.
C3) The Customer confirms that all statements and information it provides in connection with the export and import of the Package are true and genuine. He acknowledges that if he makes false or untruthful statements about the Package or its contents, he exposes himself to civil and/or criminal prosecution which may lead, inter alia, to forfeiture and sale of the Package.
C4) Any intervention or assistance by EXTRAtransport in the context of customs operations is done entirely at the Client's expense, risk and liability. The Client shall indemnify EXTRAtransport against any claim brought against EXTRAtransport in relation to the information provided by the Client to EXTRAtransport and shall fully indemnify EXTRAtransport in this regard.
C5 All taxes, customs fines, storage costs and other expenses incurred by EXTRAtransport in relation to a Parcel will be charged to the Customer. If EXTRAtransport decides to submit the invoice to the addressee of the Parcel and the latter refuses to pay the costs incurred, the sender agrees to reimburse these costs.
D) Handling of parcels by EXTRAtransport D1) Acceptance of a Parcel to Transport by EXTRAtransport does not imply recognition by EXTRAtransport that the Parcel fulfils all the conditions to be admitted to Transport. The Client is solely responsible for whether the contents of the Parcel meet the conditions for being admitted to Transport under the applicable laws and regulations and these General Conditions.
D2) Should a Parcel by its nature (size, format, weight, ...), pursuant to its contents or in any other way not meet the conditions or description as shown in the Order, EXTRAtransport has the right to:
1. refuse to issue a Parcel; 2. to return or retain the Parcel if it has already been accepted; 3. if permitted, to transport the Parcel by a means of transport other than those agreed upon.
D3) The Client shall be liable to EXTRAtransport if the refusal or suspension of the Transport would result in any costs or liability borne by EXTRAtransport. EXTRAtransport may require the Client to pay the additional costs and expenses as provided for in Clause ....
D4) If EXTRAtransport determines that a Parcel may be a danger to persons or property, EXTRAtransportl has the right to have the Parcel destroyed immediately at the expense and risk of the Client and under his responsibility. D5) The Client shall indemnify EXTRAtransport for all losses and damages arising from or relating to the Client's failure to comply with all applicable laws and regulations and for the Client's failure to fulfil its obligations.
3) Transport of packages
A) Delivery and delivery period A1) The delivery of the Parcel consists of its delivery to the address indicated by the Customer at the time of the Order. The place of delivery must be freely accessible, without obstacles and must be accessible by certain means of transport. EXTRAtransport is not obliged to personally deliver the Parcel to the addressee at the stated address. In the event that there is a reception desk or reception area at the stated address, delivery may be made at that desk or reception area. A2) The addressee may, by means of a communication method chosen by EXTRAtransport and when this Service is offered by EXTRAtransport, give permission for Parcels to be delivered to another location (when no one is present at the stated address).
A3) A Parcel refused at the time of offer will be returned to the Customer's address after the delivery attempt. EXTRAtransport reserves the right to charge a rate surcharge for this.
A4) The person receiving the Package may be requested by EXTRAtransport to sign a receipt.
A5) EXTRAtransport shall endeavour to deliver the Parcel to the destination address within the timeframe applicable to the relevant Service as confirmed in the Quotation. EXTRAtransport neither signs nor guarantees in any way the effective delivery within these deadlines. The Client agrees that EXTRAtransport cannot be held liable for any extension of these deadlines.
B) Route EXTRAtransport arranges Transport to the destination address at its own discretion; Transport from Belgium to an address located in Belgium is always by road.
4) Rates and payment The Customer must pay the price for the Transport of the Parcels handed over to EXTRAtransport for Transport, as well as the price for the options chosen and the additional surcharges, costs and expenses (return costs, storage costs, etc.) as described in the Quotation. If the additional surcharges, costs and expenses are caused or become due after the Quotation has been dispatched, they may still be charged.
Prices do not include VAT. VAT, all other indirect taxes, all taxes, levies and fees of any kind (excluding taxes on income and profit) that may be levied now and in the future by or with the authorisation of any government pursuant to or as a result of these General Terms and Conditions, shall always be borne by the Customer and, where applicable, shall be added to and are payable together with the price.
EXTRAtransport reserves the right to apply other, additional surcharges on tariffs. The amount and conditions of application of these surcharges are determined by EXTRAtransport. EXTRAtransport has the right to apply or change surcharges at any time and without notice, provided that EXTRAtransport informs the Client in an appropriate manner and that such decision shall not affect the Transport Conditions of Parcels previously entrusted to EXTRAtransport. When the Client hands over Parcels to EXTRAtransport for Transport, this implies that the Client agrees to pay the then applicable surcharges to EXTRAtransport.
In the event of non-payment of any amount owed by a Client to EXTRAtransport or the existence of any debt on the part of the Client as a result of non-compliance with these General Terms and Conditions, EXTRAtransport may exercise a right of retention and a right of pledge on any Parcel in which the Client has an interest and which EXTRAtransport has under its control. This right of lien or pledge also applies to guarantee debts of the Client arising for the Transport of Packages other than the Package on which these rights are exercised. The Client may not assert any set-off or lien against EXTRAtransport.
5) Terms of payment EXTRAtransport invoices are payable by bank transfer to account number BE52 7330 5805 2409 BIC KREDBEBB, unless expressly agreed otherwise. If the invoice is not paid within 15 days of the invoice date, a first reminder will be sent at no extra cost. In the absence of payment 30 days after the invoice date, a second reminder with €15.00 reminder fee will be charged. In the event of non-payment of the second reminder from 45 days after the invoice date, sums owed will automatically and without any notice of default incur interest equal to the interest rate determined by the Act on combating late payment in commercial transactions of 2 August 2002 and the invoice amounts will be increased by 10% with a minimum of €50.00. In case of non-payment after 60 days from the invoice date, the file will be transferred to a bailiff/collection agency. EXTRAtransport is a member of the federation SDZ.
EXTRAtransport reserves the right to ask for cash payment or (full or partial) advance payment as well as to suspend or postpone the execution of any order as long as the Client has not complied with this request or outstanding invoice amounts remain due. In the latter case, EXTRAtransport shall be entitled by law and without notice of default to suspend further execution of its obligations. 6) Liability A) General A1) EXTRAtransport shall only be liable for the Parcels as soon as it actually receives the Parcels. The Client may entrust the physical delivery of the Parcels to an authorised representative who delivers the Parcels in the name and on behalf of the Client. In this case, EXTRAtransport is entitled to ask the Customer for a written and valid power of attorney as a condition for the relevant drop-off. A2) In the event of collection of trailers, in which Parcels are consolidated, by EXTRAtransport from the Client's premises, the Client is responsible for loading the Parcels into the trailer. The Client must ensure that the Parcels are stacked safely in order to avoid damage during transport. The Customer will be solely responsible for damage if loading was not done in accordance with applicable legislation.
A3) EXTRAtransport cannot be held liable in the event of incorrect or incomplete forwarded address details.
B) Exclusion of liability B1) EXTRAtransport cannot be held liable for a slight error in the performance of the Service.
B2) Without prejudice to the application of any standard of mandatory law, EXTRAtransport cannot in any case be held liable if the Package is lost, damaged or delayed in delivery as a result of:
(i) circumstances beyond the control of EXTRAtransport such as, but not limited to:
- Decisions of higher authority (e.g. controls, embargoes and seizures by competent authorities); - Cases of force majeure, over which earthquakes, cyclones, storms, floods, accidents, acts of terrorism, strikes, embargoes aviation hazards, local conflicts or insurrections, etc.; and - National or local disruptions to air or road traffic, mechanical problems to means of transport or machinery; - Latent defects or flaws inherent in the contents of the Packages. (ii) Acts or omissions of the Customer or third parties such as:
- Non-compliance with the Customer's obligations or breaches of these General Terms and Conditions; - Government or customs negligence.
(iii) the fact that the Package contains a prohibited or dangerous good without the prior and written agreement of EXTRAtransport or in quantities or circumstances other than those agreed, even if EXTRAtransport has taken the Package into processing.
C)Limitation of liability C1) Without prejudice to the application of any standard of mandatory law, EXTRAtransport's liability is limited to compensation for direct damage caused by its own actions.
C2) EXTRAtransport shall not be liable for any indirect detriment (including loss of revenue, data, profit, orders, order opportunities, damage to reputation, etc.) arising from the loss, damage or late delivery of the Package, even if EXTRAtransport was aware that such detriment could occur.
C3) In any case, EXTRAtransport's liability shall not exceed (i) the amount - per contract year - invoiced by EXTRAtransport to the Client or (ii) an absolute maximum of EUR 250 000 per contract year (whichever amount is lower), irrespective of the number of claims and/or losses. For the first contract year, the invoiced amount shall be taken into account pro rata temporis.
D) Settlement shipments (cash on delivery - cash on delivery) D1) The rules applicable to settlement consignments (including with regard to the maximum permissible amounts, collection, methods of reimbursement, unsuccessful presentation of the Parcel, obligatory entries, etc.) are expressly determined in the Quotation. Upon delivery of a Parcel under settlement consignment, EXTRAtransport is solely liable for collection of the amount stated by the Customer.
D2) EXTRAtransport shall under no circumstances be liable if the documents or payment instruments used do not lead to actual payment of that amount.
D3) If Parcels were delivered without recovery of the amount that EXTRAtransport should have claimed, EXTRAtransport must indemnify the Customer up to the sum of the amount, without prejudice to its remedies against the person to whom the Parcel was delivered.
5) Complaints The Parcel will be deemed delivered in good condition unless the addressee has reported any visible damage or loss of contents immediately upon delivery of the Parcel. The addressee is obliged to inspect the Parcel immediately after delivery or as soon as possible. In the event of loss of content or damage that was not visible at the time of delivery, EXTRAtransport must be notified within 7 days of delivery, not including Sundays and public holidays, either by e-mail confirmed by EXTRAtransport or by registered mail.
For EXTRAtransport to handle the complaint, the contents and packaging must be submitted to EXTRAtransport for inspection, as well as all information and documents that may facilitate the search and prove the damage.
6) Jurisdiction Jurisdiction is assigned exclusively to the courts of EXTRAtransport's registered office as the place of conclusion and execution of the contract, without prejudice to EXTRAtransport's right to bring proceedings itself before another court.
GENERAL TERMS AND CONDITIONS FOR ROAD TRANSPORT CMR
1. General - Application This contract of carriage, whether national or international, is governed by the provisions of the CMR Convention and by these terms and conditions. Any other terms and regulations of the shipper or consignee shall not apply unless expressly accepted in writing by EXTRAtransport. Signing of the waybill by the shipper, quay personnel and commission agent binds the sender and signing by the stevedores, freight handlers or quay personnel at destination binds the consignee. The consignor warrants to its contracting party, the consignee, that it is aware of and agrees to these terms and conditions, failing which it will reimburse EXTRAtransport for all costs and indemnify it against any possible claim.
2. Loading - Unloading - Weight Unless otherwise stated in writing, the parties expressly agree that loading and unloading shall be done by the consignor or consignee respectively. To the extent that the driver is requested by the consignor or consignee to perform these acts, this is done under the express supervision, control and responsibility of the consignor or consignee respectively. EXTRAtransport bears no liability for damage caused by, and/or during loading and unloading. Unless otherwise stated in writing and to the extent possible and/or necessary, stowage shall be carried out by EXTRAtransport on the basis of the sender's or shipper's instructions given in accordance with the legislation in force according to the route. If the vehicle used by EXTRAtransport or the dunnage applied proves unsuitable because incorrect or incomplete information was provided by the sender or shipper or if the transport packaging is not strong enough to allow correct securing of the load, the costs and damage caused shall be borne in full by the sender for the transport.
Delivery shall take place at the threshold or quay of the buildings if no other place has been agreed. The movement of the vehicle within the premises of the consignor, shipper or consignee is done entirely on the instructions and under the responsibility of the latter. However, EXTRAtransport may oppose these instructions if, in its opinion, local conditions put its vehicle or cargo at risk. If there is no competent person on site at the agreed time of delivery, EXTRAtransport will be instructed to unload the goods to be delivered on site, after which the delivery will be communicated by EXTRAtransport to the sender/client for transport by any means and the latter will be deemed to have accepted this delivery without any reservation. Except in cases where the sender has expressly asked EXTRAtransport to check the gross weight of the cargo within the meaning of Art. 8(3) CMR, the sender remains responsible for any transhipment, even transhipment by axle, observed during transport. The consignor shall reimburse all costs incurred as a result, including damage due to immobilisation of the vehicle and any fines or other legal costs that may arise.
3. Instructions EXTRAtransport's appointees may not accept any instruction or declaration binding EXTRAtransport beyond the limits provided for in respect of: - the value of the goods to be used as a reference in the event of total or partial loss or damage (arts. 23 and 25 CMR) - the delivery periods (Art. 19 CMR) - the cash on delivery instructions (art. 21 CMR) - a special value (art. 24 CMR) or a special interest in delivery (art. 26 CMR). - instructions or declarations relating to dangerous goods (A.D.R.) or goods subject to special regulations.
4. Storage In the event of storage by EXTRAtransport, it shall not be liable in the event of theft by burglary and/or violence, fire, explosion, lightning, impact by aircraft, water damage, inherent vice of the goods and their packaging, hidden defects and force majeure. The liability shall in any case be a maximum amount of 8.33 Special Drawing Rights (S.T.R.) per kilogram of lost or damaged goods with the absolute maximum of EUR 25,000 per event or series of events with the same cause of damage. EXTRAtransport shall not be liable for any indirect damage, including economic loss, consequential damage or immaterial damage.
5. Immobilisation times EXTRAtransport is entitled to compensation for the immobilisation times of the road vehicle. In the absence of any agreement to the contrary, it is assumed that EXTRAtransport will bear the cost of one hour's loading and one hour's unloading. At the end of this hour, EXTRAtransport shall be entitled to compensation for the entire cost arising from this additional immobilisation time. EXTRAtransport shall also be entitled to compensation for the whole of the costs arising from other immobilisation times which, taking into account the circumstances of the transport, exceed the usual duration.
6. Liability EXTRAtransport shall only be liable for damage to the goods transported in accordance with the applicable provisions of the CMR Convention. If, in connection with the transport, damage occurs to other goods in the care of the sender, loader or consignee which are not the goods to be transported, EXTRAtransport shall only be liable for damage attributable to its fault or negligence. In any event and except in cases of intent, the extent of its liability for damage to goods other than those to be transported shall be limited per claim to a maximum of 8.33 STR for each gross kg of weight of the cargo transported.
7. Invoicing - Payments - Pledge/Retention The client is obliged to pay the freight, even if he requests the carrier to collect the freight from the consignee. In the event of cancellation of a journey within 24 hours before commencement of the journey, the full fare remains due to EXTRAtransport. EXTRAtransport may charge an additional fee for pallet exchange. No set-off may be applied between the freight price and any amounts claimed from EXTRAtransport. Unless otherwise agreed in writing, EXTRAtransport's invoices are payable by the due date indicated and without discount, by bank transfer to account number BE52 7330 5805 2409. If the invoice is not paid on its due date and no notice of default is required, the amount still owing will accrue interest at the rate stipulated in the Act of 2 August 2002 on combating late payment in commercial transactions. If interest as referred to in the previous paragraph becomes due, EXTRAtransport shall be entitled ipso jure and without notice of default to the payment of liquidated damages of at least 10% of the amount unpaid by the contracting party. The award of this reasonable compensation of 10% does not exclude the award of any legal costs or any other proven recovery costs. In the absence of payment on the due date, all invoices not due shall also become immediately due and payable in full by operation of law and without notice of default. EXTRAtransport's various claims on the client, even if they relate to different consignments and to goods no longer in its possession, constitute a single and indivisible claim to the extent of which EXTRAtransport may exercise all its rights and privileges.
Furthermore, EXTRAtransport may exercise a pledge and/or lien on any material and/or goods it dispatches, transports, stores or holds in any way to cover all sums owed or to be owed by its principal for any reason whatsoever. Notwithstanding any insolvency, any assignment of claims, any form of attachment and notwithstanding any concurrence, EXTRAtransport may apply set-off or debt novation to EXTRAtransport's obligations to its contracting party and the latter's obligations to EXTRAtransport. This right shall in no way be affected by the notification or service of an insolvency, transfer of debt, any form of attachment or any concurrence.
8. Final provisions In the event of any dispute between the parties, without prejudice to the application of Article 31 paragraph 1 CMR, the courts of EXTRAtransport's registered office shall have jurisdiction. Belgian law shall apply. Should one or more clauses of these general terms and conditions, for whatever reason, be inapplicable, the remaining clauses shall nevertheless remain valid.
www.extratransport.be is part of the sole proprietorship Henri Santy, small
VAT-exempt business rule.
Cabinestraat 22, 9140 Tielrode.
VAT: BE 0748.716.571
IBAN: BE52 7330 5805 2409