Belgian law applies to these terms & conditions. These general terms and conditions apply to all agreements concluded with, all offers issued by, and all orders placed with EXCLUTRANS, regardless of the service or product to which they relate, unless expressly agreed otherwise in writing between EXCLUTRANS and the sender. By entrusting transport to EXCLUTRANS, the sender unconditionally accepts these general terms and conditions. The sender is any natural or legal person who entrusts EXCLUTRANS with the transport of goods or who concludes an agreement with EXCLUTRANS.
Every transport is subject to the provisions of the CMR Convention, unless expressly deviated from in these general terms and conditions, or if the transport falls under other legislation or an agreement. EXCLUTRANS is not liable in case of, among other things, theft with burglary and/or violence, theft after an accident, fire, explosion, terrorism, lightning, water damage, inherent defect of the goods, and hidden defects, rent and demurrage and force majeure.
EXCLUTRANS is only bound by its quotations if they have been confirmed by it and if they have been accepted by the sender in due time. The prices stated in our quotations are always indicative but non-binding. If the customer breaks or cancels the agreement, or if the agreement cannot be executed due to the customer's actions, more than 30 days before the start date of the transport, a compensation of 50% of the normally invoiced fee of EXCLUTRANS will be due; if the assignment is cancelled less than 30 days in advance, this compensation amounts to 100% of the normally invoiced fee.
a. The sender completes all transport documents and provides all documents and information necessary for the smooth progress of the transport. He is responsible for the conformity, accuracy and legibility of these documents. He alone is liable to the competent authorities.
b. For international transport, the sender is specifically referred to the requirement of the necessary customs formalities. The sender is solely responsible for completing the documents and complying with the customs formalities.
c. The sender reimburses EXCLUTRANS for all costs resulting from violations of the previous paragraphs.
At the request of the sender, EXCLUTRANS can offer optional "all risks" insurance. This must be requested at the latest at the time of ordering transport, subject to payment of the premium. Any excess cannot be recovered from EXCLUTRANS. If the sender takes out goods insurance himself, this must contain a clause waiving recourse against EXCLUTRANS.
a. All invoices from EXCLUTRANS must be paid within fourteen days of the invoice date, unless a different due date has been agreed.
b. All payments must be made to the bank account of EXCLUTRANS.
c. The professional client who has failed to pay the outstanding invoice by the due date is legally and without notice obliged to pay an additional compensation of 15% of the invoiced amount to the seller or his successor in title. This compensation, with a minimum of €150.00, is payable in addition to the invoiced amount, the interest of 1% per month and any legal costs. For private individuals: no default interest or reminder costs are charged if the outstanding balance is paid within 14 calendar days. This period commences from the 3rd working day after dispatch or the 1st calendar day for electronic dispatch. The penalty clause amounts to €65.00 + 5% of the amount due.
d. If an invoice is not paid on time by the sender, all other invoices from EXCLUTRANS to this sender immediately become due and payable; this means that all other invoices must be paid immediately, and that the sender can no longer invoke the due dates printed on or agreed on the invoices.
e. Any payment that EXCLUTRANS receives from a sender is always used to pay the oldest outstanding invoice. This settlement also takes place if the payment mentions a different invoice number. Only if the oldest invoice has been validly and timely protested will the settlement be made on a subsequent, younger invoice: a timely and valid protest can only be made by registered letter within 5 days.
f. EXCLUTRANS has a right of retention on goods and documents that it has under its control in connection with the assignment. EXCLUTRANS can exercise the right of retention for what is owed to it or will be owed in the context of the execution of the agreement or previous assignments. It can also exercise this right for what is charged on the goods by way of reimbursement. All goods, documents and funds that EXCLUTRANS has under its control by virtue of the assignment serve as security for all claims it has against the client.
The sender accepts the use of electronic means of communication and their evidentiary value. To that end, he waives the possibility of applying Articles 1323 and following of the Belgian Civil Code regarding the denial of signature and writing. However, the sender always retains the possibility of requesting non-electronic processing of his order at the time of ordering the transport.
The stated transport deadlines are not binding: EXCLUTRANS strives to adhere to normal transport deadlines. EXCLUTRANS can never be held liable for damage directly or indirectly caused by late delivery, whatever the cause of the delay, even if this is due to unfavourable traffic or weather conditions or due to technical and/or mechanical problems.
a. Complaints regarding visible damage and visible loss of goods transported by EXCLUTRANS must be made on the delivery note or transport document upon delivery of the goods; if this has not been done, the complaint can no longer be accepted. Complaints regarding invisible defects and invisible losses of goods transported by EXCLUTRANS must be reported within five days of delivery of the goods by registered letter; if this has not been done, the complaint can no longer be accepted.
b. In any case, the damaged goods must be kept available by the sender to EXCLUTRANS for the purpose of a contradictory determination of the damage, failing which the complaint can no longer be accepted. Any repairs will be carried out by a company appointed by EXCLUTRANS.
c. Disputes concerning the invoice must be brought to the attention of the seller within five days of the invoice date by registered letter, without prejudice to any shorter deadlines under applicable mandatory national and international regulations. In the absence of a protest within eight days, the invoice is deemed to have been accepted by the client.
The Client is liable for all damage and costs caused by himself and persons working on his behalf and/or designated by him.
a. The liability of EXCLUTRANS is always limited to the coverage provided in its CMR insurance policy or to the liability provided for in the CMR Convention, whichever is lower: EXCLUTRANS can never be held liable for a higher amount. Our transports are always carried out under the application of the CMR Convention and the CMR conditions as stipulated on the back of the CMR consignment notes.
b. If no contradictory statement was drawn up between EXCLUTRANS and the sender when the goods were collected, EXCLUTRANS cannot be held liable for damage to these goods.
a. Transport means any transport where EXCLUTRANS is responsible for collecting the goods from the sender or the address specified by the sender and immediate delivery to the addressee.
b. The number of kilometers to be charged is determined based on the number of kilometers driven: complaints regarding the number of kilometers charged are not accepted. The minimum invoiced amount is €150.00 excluding VAT.
a. The contractual relationship between the parties and the transport are governed by Belgian law. In case of dispute, the competent courts of Ghent are competent, in addition to the legal and contractual provisions.
b. The non-applicability of one or more provisions of these conditions does not affect the applicability of the other provisions. Both parties will immediately take the necessary steps to replace the relevant provision with a valid one that approximates the original intention of the parties.
