EXTRAtransport : a transport company established at Cabinestraat 22, 9140 Temse, Oost- Flanders 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, has an interest in EXTRAtransport. any interest in the Parcel or its delivery.
Parcel : any envelope, parcel, bag, pallet or other shipment that meets the conditions to be transported as a Parcel, as defined in the regulations and the present General Conditions and which the Customer has entrusted to EXTRAtransport.
Service : each order offered to and accepted or executed by EXTRAtransport for the dispatch of a Parcel. the dispatch of a Parcel.
Vervoer : alle verrichtingen en Diensten met betrekking tot het Pakket (inclusief het -indien van
toepassing- afhalen, vervoeren en afleveren ervan op het bestemmingsadres).
Order : the request made by the Client to EXTRAtransport to provide a Service.
Quotation : the terms submitted by EXTRAtransport to the Customer at which EXTRAtransport is prepared to perform the Service. Transport document and/or consignment note : 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) Scope of application These General Terms and Conditions for Parcels apply to all the following parcel transport services offered by 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. carriage of goods by road. C) Acceptance of the general terms and conditions When a Client hands a Parcel over to EXTRAtransport for dispatch, the Client declares to have taken note of the General Terms and Conditions and accepts them without any reservations, both on its own behalf and on behalf of any person involved in the Parcel involved and for which the Customer is acting. The General Terms and Conditions can be consulted at any time on the website of EXTRAtransport (https://www.extratransport.be/algemene-voorwaarden). The General Terms and Conditions are always sent by EXTRAtransport after the Client has placed the Order. transferred to the Client.
D) Conclusion of the agreement and cancellation The agreement comes into effect after the Quotation submitted by EXTRAtransport to the Customer has been accepted by the Client and this acceptance has been confirmed to the Client by EXTRAtransport. confirmed. Confirmation by EXTRAtransport also includes the time and place where EXTRAtransport will collect the Parcel from the Client. The agreement can be cancelled by the Client up to 6 hours before the time announced for collection by EXTRAtransport. of collection of the Parcel by EXTRAtransport. If the Client cancels the agreement later than 6 hours before this time, the Client shall be obliged to pay the price charged by EXTRAtransport for the Service. 2) Presentation of parcels A) Prohibited or dangerous goods EXTRAtransport shall not transport any goods the transportation of which is prohibited or which it cannot safely or which are illegal. Packages whose Transport and handling is the subject of ICAO (International Civil Aviation Organisation) and IATA (International Air Transport Association) rules 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" referred to as) cannot be surrendered 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 laws and regulations regarding customs, import, export, embargo and other laws and regulations;
8. except with the prior written consent of EXTRAtransport, the Parcel does not contain any Prohibited or Dangerous Goods.
B2) Without prejudice to the other rights ofEXTRAtransportl, the Customer shall hold EXTRAtransport for claims of third parties arising from the Transport of Prohibited or Dangerous Goods and shall compensate EXTRAtransport for all resulting damage or costs, 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 submitting to the authorities all necessary and useful documents. EXTRAtransport does not accept any 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 that EXTRAtransport has to bear in relation to a Parcel will be charged to the Customer. If EXTRAtransport decides to submit the invoice to the consignee of the Parcel and the latter refuses to pay the charges incurred, the sender agrees to reimburse these costs D) Handling of parcels by EXTRAtransport
D1) The acceptance of a Parcel for Transport by EXTRAtransport does not imply any acknowledgement by EXTRAtransport that the Parcel meets all the conditions for being admitted to Transport. admitted. The Client is solely responsible for whether the contents of the Package meet the conditions for being permitted to be Transported under the applicable laws and regulations and these General Terms and 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 finds that a Parcel may be a danger to persons or property, EXTRAtransportl has the right, at the Customer's expense and risk and under his responsibility, to have it destroyed immediately.
D5) The Client shall indemnify EXTRAtransport for all losses and damages arising out of or relating to the Customer's failure to comply with all applicable laws and regulations and for the Customer's failure to fulfil its obligations. 3) Transport of parcels
A) Delivery and delivery period
A1) Delivery of the Parcel consists of its delivery to the address indicated by the Customer with the Order. The place of delivery must be freely accessible, without obstacles and must accessible using certain means of transport. EXTRAtransport is not obliged to deliver the Parcel personally to the addressee at the stated address. In the event that a reception is present at the stated address, the delivery may be made at that reception. delivery may be made at that reception.
A2) The addressee may, through a method of communication chosen by EXTRAtransport and when this Service is offered by EXTRAtransport, permit 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.
EXTRAtransport arranges the Transport to the destination address at its own discretion; the 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 for Transport at EXTRAtransport, 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 was sent out, they may still be charged.
Prices do not include VAT. VAT, all other indirect taxes, all taxes, levies and levies of any kind (excluding taxes on income and profit ) which may now and in the future by or with the authorisation of any governmental authority may be levied on pursuant to or as a result of these General Terms and Conditions, are always at the expense of the Customer and where applicable, 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's invoices are payable by bank transfer to account number BE52 7330 5805 2409 BIC KREDBEBB, unless expressly agreed otherwise. In the event of non-payment of the invoice within 15 days of the invoice date, a first reminder will be sent without any will be sent at no extra charge. In the absence of payment 30 days after the invoice date, asecond reminder with €15.00 reminder fee will be charged. In the event of non-payment of the second reminder as from 45 days after the invoice date, amounts due will be charged by operation of law and without any and without any notice of default, an interest equal to the interest rate determined by the Act on combating late payment in commercial transactions of 2 August 2002 and shall be the invoice amounts increased by 10% with a minimum of €50.00. In the event of non-payment after 60 days after 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 demand cash payment or (full or partial) demand payment in advance and to suspend or postpone the execution of any order as long as The order as long as the Customer has not complied with this request or as long as outstanding amounts remain due. invoice amounts remain due. In the latter case, EXTRAtransport is legally and without notice of default entitled to suspend the further performance of its obligations.
A1) EXTRAtransport shall only be liable for the Parcels once it actually receives them. The Customer may entrust the physical delivery of the Parcels to an authorised representative who delivers the Parcels in the name and on behalf of the Customer. In this case, EXTRAtransport is entitled to ask the Customer for a written and valid power of attorney as a condition for the relevant delivery.
A2) In the event of collection of trailers, in which Parcels are consolidated, by EXTRAtransport at the Customer's premises, the Customer is responsible for loading the Parcels into the trailer. The Customer must ensure that the Parcels are stacked in a safe manner in order to avoid damage during transport. The Customer shall be solely responsible for damage if the 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 uprisings, etc; - National or local air or road traffic disruptions, 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: - The Customer's failure to comply with its obligations or breaches of these General Terms and Conditions 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 different quantities or circumstances than were agreed, even if EXTRAtransport has taken the Parcel into processing.
C) Limitation of liability
C1) Without prejudice to the application of any mandatory law, the liability of EXTRAtransport is limited to compensation for direct damage that was caused by its own actions caused.
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)
D1) The rules applicable to netting consignments (including with regard to the maximum amounts allowed, collection, methods of reimbursement, the fruitless offer of the Package, mandatory entries, etc.) shall be expressly determined in the Quotation. In the delivery of a Parcel under settlement consignment, EXTRAtransport is solely liable for the 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.
The Parcel is deemed delivered in good condition, unless the addressee has reported visible damage or visible loss of contents immediately upon delivery of the Parcel.
The addressee is obliged to proceed to the inspection of the Parcel immediately after the delivery or as soon as possible.
In case 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, by e-mail for receipt by EXTRAtransport. Sundays and public holidays, must be notified by e-mail with acknowledgement of receipt 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 conditions and regulations of the consignor or consignee are not applicable unless expressly accepted in writing by EXTRAtransport.
Signature of the note of lading by the shipper, quay personnel and commission agent binds the shipper and signature by the stevedores, cargo handlers or the quay personnel at destination binds the consignee.
The consignor warrants to his contracting party, the consignee, that he is aware of and agrees to these terms and conditions, failing which he will indemnify EXTRAtransport for all costs and reimburse for all costs and indemnify it against any possible claim.
2. Load - Discharge - Weight
Unless otherwise stated in writing, the parties expressly agree that the loading and unloading is 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 shall be 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, the stowage shall be carried out by EXTRAtransport on the basis of the instructions of the consignor or shipper given in accordance with the applicable legislation in function of the route. If the vehicle used by EXTRAtransport or the dunnage used proves unsuitable due to incorrect or incomplete information was provided by the consignor or shipper or if the transport package transport packaging is not strong enough to enable proper securing of the load. costs and damages resulting from this shall be borne in full by the sender for the transport.
Delivery is made at the threshold or quay of the buildings if no other place has been was 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. EXTRAtransport may oppose these instructions, however, if in its conviction endanger its vehicle or the load.
If there is no competent person on site at the agreed time of delivery, then EXTRAtransport instructed to unload the goods to be delivered on site, after which the delivery is communicated by EXTRAtransport to the consignor/customer for transport in any manner and the latter is deemed to have accepted this delivery without any reservations. accepted.
Except where the sender has expressly requested EXTRAtransport to check the gross weight of the load within the meaning of Art. 8(3) CMR, the sender remains responsible for any transhipment, even axle transhipment, occurring during transport. The sender shall reimburse all costs arising therefrom, including damage caused by immobilisation of the vehicle and any fines or other legal costs that may arise from this may arise.
EXTRAtransport's appointees cannot accept any instruction or declaration that commits EXTRAtransport undertakes beyond the limits provided for as regards: - the value of the goods to be used as reference in the event of total or partial loss loss or damage (Articles 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 that are are the subject of special regulations.
In the event of storage by EXTRAtransport, it shall not be liable in the event of theft with burglary and/or violence, fire, explosion, lightning, impact of aircraft, water damage, inherent defect 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 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 assume one hour of loading and one hour unloading for its account. At the end of this hour EXTRAtransport is entitled to compensation for the full costs arising from this additional immobilisation time. arising from this additional immobilisation time.
EXTRAtransport is furthermore entitled to compensation for the whole of the costs that arising from other immobilisation times which, taking into account the circumstances of the transport, exceed the usual duration.
EXTRAtransport shall only be liable for damage to the goods transported, in accordance with the applicable provisions of the CMR Convention.
If as a result of the transport, to other goods in the care of sender, loader or consignee, but which are not the goods to be transported, damage occurs occurs, EXTRAtransport shall only be liable for damage due 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. Facturation - Payments - Pledge/retention
The principal shall be liable to pay the carriage charge even if he requests the carrier to collect the freight from the consignee.
In the event of cancellation of a fare within 24 hours before the start of the fare, the full fare remains due to EXTRAtransport.
EXTRAtransport may charge an additional fee for pallet exchange.
No debt settlement may be applied between the freight rate and any amounts claimed from EXTRAtransport.
Unless otherwise agreed in writing, EXTRAtransport's invoices are payable before the due date stated and without discount, by bank transfer to account number BE52 7330 5805 2409.
In the absence of payment of the invoice on its due date and without notice of default being is necessary, by operation of law the amount still due will accrue interest at a interest rate as provided for in the Act of 2 August 2002 on combating late payment in commercial late payment in commercial transactions
If interest as mentioned in the previous paragraph is due, EXTRAtransport shall be entitled by law and without notice of default, be entitled to payment of a fixed compensation of minimum of 10% of the amount not paid by the contracting party. The granting of this reasonable compensation of 10% excludes the granting of any legal litigation costs or any other proven recovery costs.
In the absence of payment on the due date, all unpaid invoices shall also become immediately due and payable in full by operation of law and without notice of default, all non-due invoices shall also become immediately due and payable in full.
EXTRAtransport's various claims against the principal, even if they relate to different consignments and to goods no longer in its possession constitute a single and indivisible claim to the amount of which EXTRAtransport may exercise all its rights and privileges.
In addition, EXTRAtransport may exercise a right of pledge and/or lien on any material and/or goods which it dispatches, transports, stores or has in any way in its possession, for the purpose of covering all sums owed or to be owed by its principal for whatever reason. due.
Notwithstanding any insolvency, any assignment of debts, any attachment and notwithstanding any concurrence, EXTRAtransport may apply set-off or debt novation apply to EXTRAtransport's obligations to its contracting party which it fails to meet. party and the latter's obligations to EXTRAtransport. This right shall in no affected in any way 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 Art. 31 para. 1 CMR, the courts of EXTRAtransport's registered office shall have jurisdiction. Belgian law shall apply.
If one or more clauses of these general terms and conditions, for whatever reasons, should not be applicable, the remaining clauses shall nevertheless remain valid.
www.extratransport.be is part of the sole proprietorship Henri Santy, subject to VAT.
Hofterbossen 8/21, 9220 Hamme
VAT Number: BE 0748.716.571
Bank account: BE52 7330 5805 2409
TRANSPORTATION PERMIT: 301.157.617