General conditions of payment
Invoices will be issued monthly and are payable 30 days after the billing date.
If the invoice is not paid by the due date, the amount due will, ipso jure and without notice, bear interest at the key rate defined by the ECB, determined by the law of 2 August 2002 implementing European Directive 2000 / 35 / EC of 29 June 2000, increased by seven percentage points and rounded up to the nearest half percentage point.
When, within a period of 15 days following the sending of a formal notice by registered letter to the post office, the debtor remains in default, the amount of the claim will be increased by 10%, with a minimum of 125, EUR 00 and a maximum of EUR 4 000 as flat-rate compensation for additional administrative costs, monitoring of debtors and business disruption.
Any dispute will be subject to the exclusive jurisdiction of the courts of the district of Tournai.
General terms and conditions for transport by road
In general – Scope
This transport contract, either national or international, is governed by the provisions of the CMR convention and by the present terms and conditions.
Any other terms and conditions and regulations of the consignor or the consignee are not applicable, unless they have been accepted explicitly and in writing by the carrier.
The signature of the waybill by the shipper, the quay staff and the forwarding agent is binding for the consignor and the signature of the stevedores, the goods handlers or the quay staff at the destination is binding for the consignee.
The consignor shall guarantee that their contracting partner, the consignee, has knowledge of and agrees with the present terms and conditions; if not, the consignor shall indemnify the carrier for any costs and hold them harmless
against any claims.
Loading – Unloading – Weight
Unless indicated otherwise in writing, the parties explicitly agree that the loading and unloading operations are performed by the consignor and the consignee respectively. If the driver is requested by the consignor or the consignee to perform these operations, they take place under the explicit supervision, control and responsibility of the consignor and the consignee respectively. The carrier accepts no liability for any damage caused by and/or during the loading and unloading operations.
Unless indicated otherwise in writing and if possible and/or necessary, the stowage is carried out by the carrier on the basis of the instructions of the consignor or the shipper, given in accordance with the applicable legislation and depending on the route. If the vehicle used by the carrier or the stowage methods used appear to be unsuitable because incorrect or incomplete information was provided by the consignor or the shipper of if the packaging material used for transport appears to lack the required solidity to ensure the appropriate securing of the cargo, any resulting costs and damage will be entirely charged to the consignor.
Deliveries are made at the threshold or at the quay of the premises if no other place of delivery has been agreed.
On the premises of the consignor, shipper or consignee, the vehicle can only be moved in accordance with the instructions and on the responsibility of the latter. However, the carrier can object to these instructions if in their opinion, the local conditions jeopardize the vehicle or the cargo.
If no authorized representative is present on site at the agreed moment of delivery, the carrier is instructed to unload the goods to be delivered on site, after which the carrier shall inform the consignor/client of the delivery in any manner and the latter is deemed having accepted the delivery without any reservations.
Unless the consignor explicitly requested the carrier to check the gross weight of the cargo within the meaning of art. 8 par. 3 of the CMR Convention, the consignor remains responsible for any excess weight, even per axle, during transport. The consignor shall pay all resulting costs, including a compensation for any damage caused by the standstill of the vehicle and any resulting fines or other legal costs.
The employees of the carrier cannot accept any instructions or declarations that are binding for the carrier other than those provided for, with respect to:
– the value of the goods that must serve as a reference in case of total or partial loss, or of damage (art. 23 and 25 of the CMR Convention)
– the delivery times (art. 19 of the CMR Convention)
– the cash on delivery instructions (art. 21 of the CMR Convention)
– any exceptional value (art. 24 of the CMR Convention) or special interest upon delivery (art. 26 of the CMR Convention).
– instructions or statements with regard to dangerous goods (ADR) or goods that are the subject of special regulations.
In case of storage by the carrier, the latter cannot be held liable for breaking and entering and/or robbery, fire, explosion, lightning, impact of aircraft, damage caused by water, inherent defects of the goods and their packaging, hidden defects and force majeure.
Liability is in any case limited to a maximum amount of 8.33 special drawing rights (SDRs) per kilogram of lost or damaged goods, with an absolute maximum of 25,000 euro per event or series of events having the same cause. The carrier cannot be held liable for any indirect damage, including economic loss, consequential damage or immaterial damage.
The carrier is entitled to a compensation for the standstill times of the vehicle.
Unless otherwise agreed, it is assumed that the carrier will bear the costs for one hour of loading and one hour of unloading. If these operations take more than one hour, the carrier is entitled to a compensation for all costs resulting from this additional standstill time.
The carrier is moreover entitled to a compensation for all costs resulting from other standstill times which, taking into account the circumstances of the transport, exceed the customary standstill time.
The carrier is only liable for damage to the goods transported in accordance with the applicable provisions of the CMR Convention.
If other goods that are under the care of the consignor, shipper or consignee but that are not the goods to be transported are damaged within the context of the transport, the carrier’s liability is limited to the damage caused by their fault or negligence. In any case and except in case of intent, the extent of the carrier’s liability for damage to goods other than the goods to be transported is limited to maximally 8.33 units of account for each gross kilogram of weight of the cargo transported.
Invoicing – Payments – Lien/Retention
The client has the obligation to pay the freight, even if they request the carrier to collect the freight from the consignee.
In case of cancellation of a journey later than 24 hours before it is scheduled to start, the full price remains payable to the carrier.
The carrier is entitled to charge an additional fee for pallet exchange.
No set-off is allowed between the freight and any amounts payable by the carrier.
Unless otherwise agreed in writing, the carrier’s invoices are payable on the due date and without discount.
In case of non-payment of the invoice on the due date, the outstanding amount will yield interests by operation of law and without a formal notice of default being required, at the interest rate referred to in the Act of 2 August 2002 on combatting payment arrears in commercial transactions.
If interests are payable as mentioned in the previous paragraph, the carrier is entitled by operation of law and without a formal notice of default being required to a fixed compensation amounting to minimally 10% of the amount not paid by the contracting partner. This reasonable compensation of 10% does not exclude payment of a compensation for administration of justice nor of any other proven costs of collection.
In case of non-payment on the due date, all outstanding invoices, including those that have not yet fallen due, will become payable immediately and in full, by operation of law and without a formal notice of default being required.
The different amounts receivable by the carrier from the client, even if they relate to different shipments and to goods no longer in the possession of the carrier, constitute one single indivisible receivable amount, with regard to which the carrier is entitled to exercise their full rights and privileges. Moreover, the carrier shall be entitled to exercise a lien and/or right of retention on all equipment and/or goods which they transport or store of which are in their possession at any time, by way of security for payment of all amounts their client owes or will owe the carrier for any reason whatsoever.
Despite any insolvency, any assignment of debts, any form of attachment and any concurrence, the carrier will be able to apply either a set-off or novation to the obligations of the carrier vis-à-vis their contracting partner and the obligations of the latter vis-à-vis the carrier.
This right is in no way affected by the notification of an insolvency, assignment of debts, any form of attachment or any concurrence.
In case of any dispute between the parties, the courts of the district where the carrier’s registered office is established have jurisdiction, without prejudice to the application of art. 31 par. 1 of the CMR Convention.
Belgian law applies.
Disputes between Transport Staelens SRL and their customers will only be apply under the jurisdiction of the courts of the Tournai.
Should one or several provisions of these general terms and conditions be invalid for any reasons, this will not affect the validity of the other provisions.
General conditions for container transport
1. CMR and General Conditions
The carriage by road of containers is subject to the stipulations of the CMR Convention (Convention on the contract for the international carriage of goods by road of the 19th of May, 1956), the law of the 15th of July 2013 with regard to the carriage of goods by road and the general conditions for road transport issued by the three recognized professional associations (FEBETRA, Transport en Logistiek Vlaanderen, UPTR) as stated on the respective websites of the afore-mentioned professional associations and on the back of the CMR consignment note issued by these professional associations and according to the specific conditions mentioned below.
Any abnormalities to these conditions are only opposable to us when accepted in writing by Transport Staelens SRL
A temporary abnormality between parties in the elements of these general conditions in the manner of execution of these can by no means be interpreted as an adjustment or renewal of these terms, so the stipulations of the general conditions remain in force at any time.
In these conditions, the following is understood:
- The delivery and setting up at an empty depot or terminal is counted from the moment on which the carrier, as and when the occasion arises, joins the queue at the back before entering the site of the empty depot or terminal until the carrier leaves the premises again. As proof of this is taken into consideration: the dispatch system of the empty depot or the terminal, time registration cf tachograph, GPS, (on) board computer, registration of the alfapass … (non restrictive list).
- Terminal: a loading point, an unloading stage, or point of transshipment connecting to a train route, road route, air route or nautical route, where the containers need to be accepted or delivered.
- Empty depot: assembly point of empty containers, where the carrier, either on one’s own or by order of the sender is to pick up and/or deliver containers as part of the agreed carriage.
- Sender: the client /co-contractor of the carrier.
- Shipper: the person authorized by the sender who gives the goods materially to the carrier in the name of and to be paid by the sender.
- The consignee: the addressee to whom the carriage should be delivered according to the transport agreement, as stated on the consignment note.
- The unloader: the company that unloads a container and accepts the goods in the name of and to be paid by the consignee and that is authorized to do so by the consignee.
- Freight rate: carriage rate given on the basis of the initial information on the quotation.
3. Transport Orders
3.1 Transport orders are to be given in writing. Orders by phone are only considered definite after written confirmation of it by the sender and provided that this is explicitly accepted by the carrier.
3.2 The orders need to be as detailed and precise as possible. The following data is to be included in one standard document: type of container and number – if known on the moment of booking-, pin code, customs status, seal number, quay, terminal or empty depot, description of the nature of the goods, weight, packages, date on which the container is to be handed back free of charge and any possible additional instructions.
3.3 As a container or tank container with dangerous goods is collected on a terminal or empty depot, the carrier is to receive in advance all information from 3.2, courtesy of the sender, so that the description on the CMR, labels, signs and suchlike are in accordance with the ADR treaty. As a container or tank container with dangerous goods is delivered on a terminal or empty depot, the sender or his designated shipper is to make sure that the description on the CMR, labels, signs and suchlike are in accordance with the ADR treaty.
The unloader of the goods guarantees the removal of the affixed labels/signaling of the container of tank container.
3.4 All copies of the CMR consignment note are to be placed at the disposal of the driver, so that the latter can make reservations or give remarks.
3.5 The sender guarantees the sealing of the container and applies this. In case the driver is to apply the seal himself, this always occurs with full responsibility on the sender. The sender preferably provides an e-seal.
3.6 When, on the request of the sender, you are to use a container terminal with advance application, the sender has to take it upon him to provide all necessary information for the reservation of a time-slot and has to provide this to the carrier before the automatic handling on the terminal and this at least 24 hours beforehand. The carrier cannot be held liable if time-slots are unavailable.
The sender is responsible for the delivery as well as the discharge of the customs documents be it for imports as for exports.
The carrier will take no responsibility for the delivery and verification of the documents.
The carrier cannot be held liable in the event of absence of the documents on the quay. In case customs establish an infringement with which the carrier is a concerned party, the sender will immediately contact the carrier and provide the latter all information, so that the carrier – if need be – can fully conduct his defense towards the concerned customs services. If the sender were to engage into an amicable arrangement with the FOD Finance with failure to appreciate the above mentioned rights of the carrier, financial and other
consequences by the sender can subsequently not be charged to the carrier.
4. Cancellation Transport Order
- after 14h00 the day before: 50% of the fare
- on the day of the drive itself: 75% of the fare
- unless a replacement ride is provided for, with similar conditions concerning fare, distance, …
5. In those cases where the carrier is to leave a means of transport and/or container with the sender, the consignee, the shipper or the unloader, this will be returned to the carrier on first request in the condition of the collection by the sender, consignee, shipper or unloader, except for wear and tear from normal usage. The sender, consignee, shipper or unloader is responsible with due diligence for the obtained means of transport and/or container.
6. Conditions of the containers
6.1 The terminal and/or the empty depot gives the container in accordance with the reserved agreements of the sender with the shipping company. The hauler can by no means be held liable if containers do not meet these regulations.
6.2 Containers are received on the terminal or at the empty depot in the current condition. The carrier checks the container for clearly visible defects to the apparent condition and this from a position on the ground without setting foot on the container(s). The carrier cannot be held liable for possible defects to the containers which are only noticed on loading or unloading.
6.3 When a container is refused by the sender, payment of the fare remains undiminished. In case the sender commits the carrier to still fetch another container, payment of the fare for this extra ride remains due.
6.4 The consignee or its authorized unloader will take it upon him to provide for a swept clean container after unloading free of all labels and dunnage. The carrier is not liable for cleaning costs. When signing of for cleaning costs this is always under the name of and to be paid by the sender.
6.5 The carrier cannot be held liable for any meteorological influences on the container such as condensation and degree of humidity.
7. Content of the containers
7.1 Filled containers left with the carrier, are received without examination of their content, number, weight and condition. The “said to contain” clause legally apply in those cases. At the loading of the container the sender or his appointed shipper is responsible for closing and sealing the container. Unless differently agreed in writing, the addressee or his appointed representative is responsible for breaking the seal and opening the container.
7.2 In case of overloading of the carrier’s vehicle on the axles or the total weight, caused by bad stowage within the container or by exceeding the total weight, the sender shall fully reimburse the economic damage (inclusive of fines) and/or resulting damage to the vehicle, to the carrier.
8. Maximum hours free time
8.1 Setting up and/or delivering a container: 60 minutes per container and at most 60 minutes per additional container handling.
8.2 Loading and/or unloading of a container at sender/consignee: 2 hour(s).
8.3 When exceeding the terms stated under section 8.1 and 8.2, the sender is to compensate for the standstill due to waiting hours. This compensation is calculated per started bracked of 15 minutes.
9. Waiting hours on terminal/empty depot
Additional waiting hours on terminal and/or empty depot, on top of the free time mentioned in article 8.1 and 8.2, resulting from missing or incorrect booking data, missing delivery orders, non-released containers, non-availability of the container, waiting hours resulting from checking the container and/or diagnosing eventual damage, waiting hours for connecting and setting reefers, customs scanning, degasification as a result of a customs’ check, physical verification or other checks by the government, registration of customs documents in an electronic application (“edesk”), missing pincode or delivery order … (non-exhaustive list) will be passed on in full by the carrier to the sender. This compensation is calculated per started bracked of 15 minutes. This compensation is also due for additional waiting hours resulting from a veterinary inspection or a container scan by the customs. In addition all costs involved are at the sender’s expense. All means can be used as proof of the time registration.
Per started bracked of 15 minutes a reimbursement for waiting time will be charged. This reimbursement amounts to 12,50 euros per started bracked of 15 minutes.
10. Freight rate
The freight rate can be adapted on the basis of:
• the price indexes of the cost price of the professional road haulage as calculated by the ITLB (Instituut Wegtransport en Logistiek België) and monthly published in the Belgian law gazette; and
• the evolution of the official maximum prices of diesel 10ppm as published by the Federal Public Service Economy or the price evolution of alternative energy sources.
11. Additional costs
11.1 All additional costs that result from performing the transport, other than waiting times, are also at the client’s expense. Are considered as additional costs: tolls, costs of scanning and other customs formalities, costs of fumigation, the total cost of a compelled driver’s stay, costs of pre-announcement or pre-check, costs of sealing … (non-exhaustive list). The carrier is responsible for the costs that are at his expense based on the CMR Treaty.
11.2 Costs for detention and demurrage are at the expense of the sender.
12. Choice of applicable law
All agreements which these general conditions apply to are subject to Belgian law. The Belgian courts are preferentially competent in case of disputes about the application of these general conditions, under de jurisdiction of the courts of Tournai.
13. Final provisions
In case one or more clauses of the general conditions would not be applicable for any reason whatsoever, the other clauses remain nevertheless valid.