GENERAL TERMS AND CONDITIONS OF SALE
General
1. Unless otherwise agreed in writing, all services are performed in accordance with the terms and conditions set out below, which take legal precedence over any other terms and conditions of the contracting parties, which therefore do not apply. If any provision of these terms and conditions is in any way invalid, illegal or unenforceable under any applicable and current law or regulation, it shall be deemed unwritten. The aforementioned invalidity, illegality or inapplicability shall not affect the other provisions contained herein.
2. Insofar as not provided for in these General Terms and Conditions, the General Logistics Terms and Conditions, as published on the www.tlv.be. website, shall apply.
3. These conditions apply to all enquiries, offers, quotations, order confirmations and agreements, as well as to the services provided by transport European Cargo Logistics B.V. or by third parties engaged by transport European Cargo Logistics B.V. in connection with such agreements. By placing an order with transport European Cargo Logistics B.V., the customer expressly accepts the applicability of these conditions.
4. Transport European Cargo Logistics B.V. has the right to unilaterally amend or supplement these general terms and conditions without prior notice. It is forbidden to resell our loads to third parties or to publish them on freight exchanges or networks without our written consent. The recipient of the order will be held fully responsible for this order even in the event of damage, theft or any other incident related to this transport. European Cargo Logistics BV. has the right to block the invoice if the shipment is sold to a third party. In this case, we will block the invoice until everything relating to the transport has been verified. This allows European Cargo Logistics BV. to request proof of payment from the third party in order to verify that payment has been made correctly. If necessary, European Cargo Logistics BV. The carrier will also have to comply with the legislation on the posting of personnel and be able to produce the necessary proofs if required.
Controls
1. Unless otherwise stated in the special conditions, all orders are executed by Transport European Cargo Logistics B.V. or by another third party designated by Transport European Cargo Logistics B.V..
2. All orders must be placed in writing. Telephone orders are not considered definitive until they have been confirmed in writing by the customer.
General obligations of the customer
1. The customer guarantees that the information provided is complete, correct and accurate. Transport European Cargo Logistics B.V. does not verify the accuracy, completeness or authenticity of the information, instructions or documents provided by the customer. Transport European Cargo Logistics B.V. accepts all such information, instructions and documents in good faith.
2. The carrier undertakes to ensure that its own subcontractors comply with these provisions in respect of their respective employees.
3. The carrier undertakes to ensure that the Al and Ll documents are sent by post to European Cargo Logistics BV at the e-mail address known before the start of the work, where applicable. The carrier declares that it will not employ illegal workers and undertakes to ensure that the provisions of this article are complied with by its own subcontractors.
4. The employee undertakes not to employ workers under the posted workers scheme.
5. Except through agencies approved in accordance with the Act of 24 July 1987 on temporary employment, temporary work and the hiring out of workers to users, as amended by the Act of 16 July 2013, and ensure that they do not enter into agreements with bogus self-employed persons.
6. For transport within France, carriers will ensure that all the obligations imposed by the "Macron Law" (Iaw No 2015-990 of 6 August 2015 for growth, activity and equal economic opportunities)" and its implementing decrees are complied with.
7. For Germany, the airline will apply the provisions of the "Mindeslohngesetz" and for Italy apply "Decreto Legislativo no. 136 of 17 July 2016".
8. The principal guarantees that, where applicable, all goods have the required registrations, permits and authorisations. Transport European Cargo Logistics B.V. will not accept any goods or consignments the transport, transfer, storage or any other act of which (i) is prohibited by any law or regulation, and/or (ii) has been excluded by Transport European Cargo Logistics B.V. itself and/or (iii) does not comply with the provisions of these conditions.
Transport and related activities
1. For transport orders (and related work), the order must contain all the information necessary to enable Transport European Cargo Logistics B.V. to execute the order correctly, such as, but not limited to: pick-up and delivery dates, pick-up and delivery location, description of the nature of the goods, weight, dimensions, quantity of packages, ADR data, specific properties of the goods (e.g. asymmetrical centre of gravity), etc. The orderer must provide Transport European Cargo Logistics B.V. with this information no later than 10 a.m. on the working day prior to loading. The customer must provide Transport European Cargo Logistics B.V. with this information no later than 10 a.m. on the working day prior to loading.
1. The Customer guarantees that the place of collection and delivery, including the premises, are easily accessible. The site will always be passable.
2. Transport European Cargo Logistics B.V. is free to decide on the means and conditions of execution of the order, unless it receives express prior written instructions from the customer. All shipments are considered to be shipments of goods with no special safety, transport and/or temperature requirements and for which the use of special vehicles is not necessary, unless expressly requested by the customer and accepted by Transport European Cargo Logistics B.V.
3. For air transport, the customer must notify Transport European Cargo Logistics B.V. in advance of consignments containing dangerous goods (as defined in the IATA dangerous goods regulations) by means of a dangerous goods declaration. The principal is responsible for the completeness and accuracy of the contents of this declaration. Transport European Cargo Logistics B.V. reserves the right to refuse a shipment at any time if it does not comply with the provisions of the notice.
4. All delivery and performance conditions are always indicative. All commitments of Transport European Cargo Logistics B.V. are best-quality commitments, unless i) this qualification as best-quality commitment is incompatible with the nature of the commitment in question or ii) it has been expressly agreed otherwise or iii) the law provides otherwise.
5. Unless otherwise agreed, goods are collected and delivered between 8 a.m. and 5 p.m. on working days. The goods must therefore be made available to Transport European Cargo Logistics B.V. in good time, completely and correctly, at the agreed place, time and in the agreed manner, with the goods being packed and marked sufficiently, efficiently and in accordance with the nature of the goods, and packed in such a way that, on the one hand, they will withstand transport under normal conditions and, on the other hand, that they will not constitute a danger to the staff of Transport European Cargo Logistics B.V. and/or that they will not cause damage to third parties or third-party goods. The customer guarantees that the packaging complies with the provisions of the "European Guidelines on the Securing of Cargo on Road Vehicles" (http://ec.europa.eu/transport/roadsafety/vehicles/best_practice_guidelines_en). The goods must also be accompanied by all the required documents and other documents required by law.
6. If the goods have to be transported within a shorter period than that indicated by Transport European Cargo Logistics B.V., the transport will be considered as an "express shipment" and a surcharge will be applied. The surcharge depends on time and availability.
7. The application of Articles 24 and 26 of the CMR is explicitly excluded for all transport.
8. Loading and unloading is always carried out by the principal, consignor or consignee. If loading and unloading is to be carried out by the driver or any other person or party acting on behalf of Transport European Cargo Logistics B.V., this activity is also subject to the provisions of the CMR Convention. The Convention on the Contract for the International Carriage of Goods by Road of 19 th May 1965 (hereinafter referred to as the "CMR Convention") also governs all other (related) services provided by Transport European Cargo Logistics B.V. If the driver is not or cannot be present during loading, Transport European Cargo Logistics B.V. accepts no liability for the quality or quantity of the goods, the composition and contents of the consignment, or for the accuracy of the packaging. In this case, Transport European Cargo Logistics B.V. is also not responsible for the transhipment or stowage of the goods.
9. The risk of the transported goods is transferred to Transport European Cargo Logistics B.V. at the moment of signature of the consignment note by the driver and ends at the moment of delivery of the goods at the first reception at the address of the consignee. If a representative of the consignee is not present or if the site is not accessible or practicable, Transport European Cargo Logistics B.V. has the right to unload the goods at the first port of entry, without the need for a signed consignment note. In this case, the customer bears the risk of the goods.
10. In the event of loss or damage, the customer and/or consignee must notify Transport European Cargo Logistics B.V. in writing of any reservations (i) at the latest at the time of delivery in the case of visible loss or damage, together with a reservation on the consignment note, or (ii) within 7 days of delivery in the case of non-visible loss or damage. Any reservation must specify the nature of the loss or damage. Any claim for compensation must be submitted to Transport European Cargo Logistics B.V. within sixty (60) days of execution of the order, under penalty of forfeiture.
Freight and transport costs
1. Rates are valid until the end of the current calendar year, subject to significant changes in costs for for example: fuel, (environmental) tax, road tax, ... .
2. The prices issued must be individual and aim to reimburse all the work carried out by the carrier as part of the transport order it has accepted.
3. This price is a total price, i.e. it includes the diesel supplement, mileage costs, surcharges, tolls, etc. but not VAT. Price revisions can never be imposed unilaterally by the carrier on European Cargo Logistics BV. and must always be mutually agreed. Price revisions are not valid without a written agreement between the parties, which can also be made by e-mail.
4. Any additional costs must be notified at the time they arise, by telephone and in writing by post. After joint consultation, any additional costs will be paid without any guarantee for similar situations in the future.
5. For deliveries within a fixed period or at a predetermined, individually identifiable time, no surcharge may be invoiced by the carrier, unless the parties have agreed otherwise in writing.
6. In the case of fixed-term or framework agreements, but not exclusively, the above provisions and agreed prices apply for a period of one year from the conclusion of the agreement.
7. In the event of disagreement between the parties regarding freight, transport costs and/or other
8. Freight, transport costs and/or other costs and prices which are legally binding, such as freight, transport costs and/or other costs and prices stated on the loading order sent by European Cargo Logistics BV, may be disputed in writing or by e-mail within 24 hours of receipt of the order from European Cargo Logistics BV.
9. All costs incurred by the absence of information in the event of delayed loading or delivery will be invoiced.
Loading, unloading, transhipment and waiting times
1. An appointment for the loading and unloading of goods must always be made and kept by the carrier. Failure to keep an appointment will mean that no waiting time will be compensated.
2. The loading and unloading time is calculated from the presentation of the goods to the recipient and amounts to one hour for partial loading and two hours for full loading; these hours are included in the price of the order. Only each additional hour beyond this time is subject to a surcharge. If the carrier is regularly late, European Cargo Logistics BV may reserve the right to deviate from this. If waiting times occur (or threaten to occur) at the loading and unloading locations, the carrier must inform the following persons.
3. to inform European Cargo Logistics BV. without delay. The carrier is obliged to inform European Cargo Logistics BV. no later than 24 hours after the waiting time has occurred.
4. The documents signed with the surname and first name and the corresponding tachograph / CMR discs are signed by the loading or unloading site, indicating the time.
5. On receipt of these documents, European Cargo Logistics BV. will send the asylum application form to the person concerned. to the carrier a written confirmation with the reference number and the amount that the carrier may invoice in accordance with the above agreements.
6. In all cases, the granting of compensation for waiting time is subject to the carrier's compliance with the contractual conditions agreed between the parties. The carrier may not claim compensation for waiting time due to non-compliance with the contract.
7. Waiting times for loading and unloading must be reported immediately by telephone and in writing by e-mail to European Cargo Logistics BV. In addition, the carrier undertakes to mention these waiting times at all times on the consignment note and by e-mail. Irrespective of whether the waiting times give entitlement to compensation, they must be mentioned on the CMR.
8. Failure to comply with this threefold notification requirement will invalidate entitlement to the waiting allowance.
9. These rules relating to waiting periods apply to all shipments, unless expressly agreed otherwise in writing between the parties.
10. If a freight is cancelled by European Cargo Logistics BV the day before loading, no additional charges can be accepted.
11. The carrier is obliged to comply with the regulations applicable to loading and unloading on the sites and to respect safety standards.
12. The loading and transhipment of transported goods is only permitted in premises offering sufficient space for the loading and transhipment of goods. And which are protected against external influences, such as climatic conditions and unsafe situations, as indicated in Regulation ex 852/2004.
13. In all cases, the carrier assumes the obligation to submit the goods carried for loading,
14. During transhipment and unloading, the carrier always carries out a visual check. In particular, he checks that the pallets and boxes have no defects. If there are, the carrier cannot accept the boxes, and this is always noted on the CMR.
15. The same applies if the pallets are damaged.
16. In compliance with the legal provisions on securing loads, the driver ensures that the load is secured and gives instructions on how the load should be distributed.
17. The carrier's complaints and/or comments on external problems are always noted on the CMR. And always notified in writing to European Cargo Logistics BV by post.
18. European Cargo Logistics BV cannot accept complaints and/or observations which are not indicated on the C.M.R. consignment note and which are substantiated in the reservations provided for.
19. Unjustified reservations will not be taken into account by European Cargo Logistics BV and will be treated as non-existent in any proceedings.
Condition of trucks
1. The carrier undertakes to ensure that the trucks used to carry out the transport order are suitable for transport. This means, among other things, that the trucks must comply with all the following elements the legal provisions relating to the transport of foodstuffs by road and comply with the strictest hygiene rules to which the transport order is subject.
2. These hygiene requirements include, among others, the following measures: keep the load space dust-free and clean, make the load space wind- and watertight, avoid any offensive odours coming from the load space when transported in containers, no offensive odours may be released into the load space, the load space must be free of all forms of mould and vermin ... The interior of the trailer must be dry, clean and odourless, undamaged (floor) and clean.
3. They have no holes in the sail or roof and are fitted with the necessary storage equipment. A sail trolley must always be fitted with sideboards.
4. European Cargo Logistics BV. reserves the right to inspect carriers' lorries and to check compliance with hygiene regulations. The equipment used must be cleaned and maintained regularly.
5. European Cargo Logistics BV. reserves the right to refuse trucks offered by the carrier if they do not comply with one of the hygiene rules. In this case, the carrier is responsible for replacing the non-compliant truck. The cost of doing so will be borne by the carrier. The carrier will be responsible for any costs incurred.
6. The carrier is not entitled to compensation for any consequences resulting from the refusal of the lorry by European Cargo Logistics BV. or by a client when the loading has to be carried out by European Cargo Logistics BV. due to such a breach of hygiene rules.
7. If mentioned on the transport order, the lorry must be equipped with a forklift and/or pallet truck.
8. The driver should ask for an accurate temperature reading at the loading point before loading. The vehicle must always be pre-cooled. For frozen goods, pre-cooling must be carried out at -20°C. The driver must Always have measuring equipment available to measure the temperature before loading and always record the temperature on the C.M.R. The driver must report any deviations to European Cargo Logistics BV. He will always provide a printout at the end of the transport. The temperature must always be recorded during transport as agreed and indicated on the order. Deviations are always reported by telephone before departure and also in writing by e-mail.
Product safety
1. The carrier must put in place a procedure to ensure efficient and safe transport during loading and unloading and during the carriage of any contaminated product. The cost of this procedure shall be borne by the carrier.
2. At the first request of European Cargo Logistics BV, the carrier must be able to provide an overview of the procedures carried out and their results.
3. During transport, it must be possible to close the load space completely, at least as far as access to the load is concerned.
4. This requirement must be interpreted as an obligation of result.
5. In the case of groupage consignments, the carrier is in any case prohibited from loading the goods transported on behalf of European Cargo Logistics BV. with ADR products or other dangerous or strong-smelling goods.
6. The term "dangerous goods" must be interpreted broadly and is not limited to flammable, explosive or similar goods. Goods can already be considered as dangerous goods when they pose a threat to other goods of any kind, even if they are not dangerous to the lorry itself (e.g. solvents, ADR goods, chemical gases, soap and other cleaning products, rust inhibitors, fatty solvents and other similar products, battery charger oil and other similar products, wood, glass? ).
7. Strongly smelling goods are deemed to include: coffee, tobacco, fish and cheese if these goods give off strong odours and/or are not vacuum-packed, such as perfume, paint and spoiled goods.
8. Euro pallets or Düsseldorf pallets are always exchanged by the carrier, unless otherwise stated. The correct number will always be exchanged or the difference will be charged at the price applied by European Cargo Logistics BV at the time. If a correct return does not take place at the place of unloading, this must be noted on the CMR and signed by the person responsible. If this does not happen, the carrier bears full responsibility and no costs can be passed on to European Cargo Logistics BV.
9. Other instructions are always indicated on the loading order. If there is no exchange agreement, European cargo Logistics BV will also indicate this. a clear pallet slip must be drawn up and signed with the driver's name and the company stamp.
10. Without the above-mentioned pallet slip, European Cargo Logistics BV. cannot accept the exchange. Pallets that have not been exchanged at the loading location may only be returned to the original loading address in consultation with European Cargo Logistics BV. This return must take place within six months of the date of shipment, failing which the invoice for the pallet cannot be credited. Non-exchanged Euro or Düsseldorf pallets will always be invoiced by European Cargo Logistics BV. If the pallets are not returned at the time of unloading, the carrier must immediately contact European Cargo Logistics BV. If the pallets are not exchanged at the point of unloading, the carrier must always request an original pallet slip, with which the carrier can collect these pallets within 14 days of unloading, at no extra cost to European Cargo Logistics BV.
11. Difficulties and other problems in connection with the exchange of pallets must always be reported to European Cargo Logistics BV by telephone. The carrier undertakes to notify European Cargo Logistics BV of such difficulties and other problems within two days in writing by e-mail.
12. AII difficulties and/or other problems linked to the exchange of pallets must be explicitly mentioned on the box provided for this purpose in the C.M.R. AII package movements on pallets must be carried out during loading and unloading. still be registered with the C.M.R.
13. In addition, this C.M.R. consignment note must be signed by both the carrier and the consignee and consignor of the goods transported and sent digitally to European Cargo Logistics BV as soon as possible. If necessary, European Cargo Logistics BV will request the original from the carrier in the event of a problem.
14. The carrier is obliged to respect the agreed delivery times and loading or unloading dates, even in the event of difficulties or force majeure.
15. The carrier is in any case obliged to notify European Cargo Logistics BV immediately and without prior notice of any delays, problems and/or deadlines which may affect the delivery agreements made between the various parties and which cannot be met. This must be reported by the carrier to the customer at the latest at the time of departure.
16. In the event that the consignee-destination of the goods refuses to accept all or part of the transported goods intended for him, the carrier must contact European Cargo Logistics BV as soon as possible by telephone, in which case the carrier must comply with European Cargo Logistics BV's instructions. The carrier must report in writing as soon as possible on the measures it has taken.
17. The lorry driver must wear clothing appropriate to the environment and to the task at hand. When entering storage areas, the driver must also wear the following appropriate clothing (safety shoes, helmet, glasses and fluorescent waistcoat if necessary). Any costs incurred in this respect are entirely at the carrier's expense and cannot be charged to European Cargo Logistics BV.
European freight logistics
1. IIA legislation - including rules on driving and rest periods - must be strictly adhered to when carrying out the loading order. By accepting this Transport Order, you confirm that you have implemented an alcohol and drug policy. Operating permits for your activities and operations, as well as data on compliance with driving time regulations and your drugs and alcohol policy, must be available on request. The vehicle used must comply with all the standards and directives in force within the European Union and with all the standards and directives of the countries crossed. In addition, the vehicle must be equipped with all the necessary means of communication such as a hands-free mobile phone, on-board computer, etc. The driver must hold a driving licence corresponding at least to the category of vehicle he or she is driving.
2. If foreign drivers from non-EU countries are used, the actual carrier must prove that they are in possession of all the documents and permits required by the laws and regulations necessary to carry out the transport in question. Foreign drivers must carry an appropriate identification document with photograph during the carriage, loading, driving and unloading.
3. During loading, unloading and transhipment, the driver is forbidden to smoke, eat and drink, and to refrain from any activity likely to jeopardise in any way his own safety and that of those present, as well as the quantity and quality of the goods being transported.
4. There must be no unscheduled stops - at the driver's home, in a restaurant or shop, for example - during loading.
5. If an unforeseen stop is unavoidable, e.g. due to weather conditions, breakdown, accident, etc., European Cargo Logistics BV must be informed immediately. European Cargo Logistics BV must be informed immediately. The telephone number The telephone number of your contact person always appears in the order header.
6. The carrier undertakes to ensure that the vehicles it uses to carry out its commitments are driven by trained and experienced personnel who meet all the regulatory conditions for driving a vehicle.
7. Entrusting the vehicle to untrained, inexperienced or non-compliant staff may be considered a serious breach of contract.
8. If the driver cannot read one of the official languages of the country of origin, the countries crossed or the country of destination, the actual carrier must inform European Cargo Logistics BV. by e-mail in good time before the start of the transport, indicating at the same time the driver's mother tongue.
9. The carrier's personnel remain under the direction, authority and supervision of the carrier at all times.
10. In any event, the carrier remains responsible for its staff with regard to, but not limited to, rules on driving and rest times, social and tax legislation, working hours, wages, etc.
11. European Cargo Logistics BV. can at no time be considered as the employer of the carrier's personnel, regardless of ownership of the vehicle in which the carrier's personnel would carry out the transport.
12. The carrier undertakes to ensure that the transport orders concerned are carried out by drivers who are physically fit and capable of carrying out the transport order concerned, as agreed between the parties.
13. Euro pallets and Düsseldorf pallets must always be exchanged, both when loading and unloading.
14. The exchange of these pallets must be documented with the appropriate supporting documents. If the pallets in question are not exchanged or if the supporting documents are not attached to the invoice, the latter may not be paid and will be blocked until everything is in order. You will receive a protest e-mail. If we have not received the necessary documents within 14 days of receipt of the complaint, we will charge you 28 euros per euro pallet and 25 euros per Düsseldorf pallet, plus an administration fee of 30 euros. By accepting the transport order, the carrier authorises us to deduct these costs from the freight invoice you send us. Waiting charges are only payable after notification to European Cargo Logistics BV of written confirmation and with the necessary proof, CMR signed by the place of loading or unloading for agreement. This is subject to a maximum of 30€ per hour.
15. Invoices are paid 45 days after the end of the month in which they are received. The invoice can be sent digitally with the necessary documents, although European Cargo Logistics BV. can always request the original documents.
16. Any delay or difficulty in keeping appointments must be reported to us immediately.
17. As of today, we no longer accept multiple invoices for a transport order. Additional invoices will be rejected.
18. The contract of carriage shall be governed by and construed in accordance with Belgian law.
19. AII Disputes relating to this transport order, its interpretation or its execution, shall be submitted exclusively to the courts of the Member States of the European Union. of the courts of the district of Louvain.
Insurance
1. The carrier must himself be insured against civil liability in respect of the vehicles used and provide proof of this on request, together with a certificate of insurance through European Cargo Logistics BV.
2. European Cargo Logistics BV. may make semi-trailers available to the carrier for the execution of its orders within the framework of traction transport. The carrier undertakes to make every effort to compensate European Cargo Logistics BV for damage caused to the trailer made available or indemnify it, whether or not the vehicle is insured for its own damage and therefore also in cases where The insurance would not intervene or for amounts for which the insurer would not intervene.
3. The carrier also undertakes to make good any damage resulting from the unavailability of the trailer in question to the customer, such damage to be assessed on the basis of the damage tables in the "indicative table", unless the actual damage exceeds the lump sums, in which case the actual damage must be compensated.
4. The carrier undertakes to take out insurance for the goods transported (CMR insurance), subject to the prior agreement of European Cargo Logistics BV.
European freight logistics
1. The carrier agrees to take out additional insurance, with waiver of recourse, for all costs not covered by CMR insurance, such as pallet costs, cleaning costs, etc.
2. The carrier undertakes to notify European Cargo Logistics BV. immediately of any changes to the previous insurance cover and of any damage.
3. Subcontractors The carrier is prohibited from arranging for transport to be carried out by a third party without the express written permission of European Cargo Logistics BV, unless the subcontractor is bound at least by the conditions applicable in the relationship between European Cargo Logistics BV and the carrier. It goes without saying that the carrier remains fully liable, jointly and severally, for everything that happens.
4. Cargo may not be sold to another carrier or transferred without prior written agreement.
5. Refusal If the carrier, truck and/or driver do not comply with the conditions set out in this document, it is possible to obtain an export authorisation. General conditions of carriage, European Cargo Logistics BV. reserve the right to terminate this cooperation
Billing
1. The carrier must attach the signed and clearly legible delivery documents (C.M.R., delivery note and delivery source) to his invoice. Without signed documents, invoicing cannot be carried out and the carrier is liable for the value of the goods. On receipt of the documents, European Cargo Logistics BV. will send a pro forma invoice within one week. The carrier must send a corresponding invoice with the pro forma invoice number and the amount. On receipt of this invoice, the 45-day payment period will commence. The carrier agrees to accept the set-off between the freight invoices and the debt owed to the carrier. In the event of a dispute, the applicable law and the competent court will decide.
2. The carrier and European Cargo Logistics BV. submit to these general terms and conditions for all agreements between the parties under Belgian law. With regard to disputes between the parties, the courts with territorial jurisdiction for the dispute in question are as follows headquarters of European Cargo Logistics BV. are competent and mentioned in article 31 of the C.M.R. convention.
3. The possible invalidity of one of the provisions of these general terms and conditions shall not under any circumstances entail the invalidity of the other provisions, which shall therefore remain fully applicable.
