GENERAL CONDITIONS FOR THE TRANSPORT OF GOODS BY TRUCK EUTRACO NV

 

I. Definitions for the purposes of these General Terms and Conditions

1. General Conditions: the present conditions apply to Eutraco truck transport, where the following terms have the meanings as set out below.
2. Eutraco: Eutraco NV, with headquarters at Industrieweg 35, 8800 Roeselare , i.e. the (road) carrier.
3. Customer: this is the party that charges Eutraco with the transport of Goods within the framework of the Agreement.
4. Goods: the Goods to be transported which are packed by a third party and loaded and unloaded by a third party in/out of the truck.
5. Sender: The Sender is deemed to be the same as the Customer, unless the Sender is specifically and further specified.
6. Consignee: the party to whom Eutraco must deliver the Goods. The Consignee shall be deemed to be the same as the Customer, unless the Consignee is specifically and further specified .
7. Loading location: Location where Eutraco must collect the Goods and where they are loaded by a third party. This place must be communicated exactly and correctly by the Customer, even if it is not the Sender itself.
8. Unloading location: Location where Eutraco must return the Goods and/or where the Goods must be unloaded by a third party. This place must be communicated exactly and correctly by the Customer, even if it is not itself the Consignee.
9. Freight price: the compensation for the transport given on the basis of the initial information received from the Customer. The Freight Price is regulated in article IX of these General Conditions.
10. Quotation: document from Eutraco in which its proposal and special conditions for the transport of Goods are included.
11. Order confirmation: document of Eutraco, in which it confirms the Offer accepted by the Customer or the Transport order of the Customer.
12. Agreement(s): the agreement(s) between Eutraco and the Customer in respect of the transport by road of the Goods by Eutraco as it follows from Eutraco’s Offer and/or Order Confirmation.
13. Parties: Eutraco and the Customer.
14. In writing: by fax or e-mail.
15. CMR Convention: Convention on the Contract for the International Carriage of Goods by Road of 19 May 1956, published in the Belgian Official Gazette on 8 November 1962 and its additional protocols.
16. FTL: “full truck load” i.e. full load for one truck.
17. LTL: “less than full truck load” i.e. the truck is not completely filled with goods.
18. “Said to contain” i.e. an ignorance clause, i.e. the impossibility for Eutraco to check the nature/quantity/internal condition of the Goods.
19. Transport order: Order from the Customer to Eutraco regarding the transport of Goods.

II. Applicability of General Terms and Conditions

1. All requests, Transport orders of the Customer and all Quotations, Order Confirmations, invoices and other documents issued by Eutraco and Agreements between Parties are subject to these General Terms and Conditions.
2. The Customer is deemed to accept these General Terms and Conditions by the mere fact of its request to execute a Transport Order. General Terms and Conditions, under whatever name, of the Customer or special terms and conditions included in the Transport assignment of the Customer that deviate from the present General Terms and Conditions of Eutraco shall not apply and shall not be enforceable against Eutraco, unless in the event that Eutraco has explicitly accepted them in writing prior to the conclusion of the Agreement.
3. The nullity or unenforceability of one of the clauses of these General Terms and Conditions shall not affect the validity or enforceability of the other clauses.
4. Insofar as these General Terms and Conditions have also been drawn up in a language other than Dutch, the Dutch text shall always be decisive in the event of differences.


III. Establishment of the Agreement between the Parties

1. The Agreement between the Parties is concluded when the Customer books a transport with Eutraco NV.
2. Quotations made by Eutraco are binding for the stated duration (validity date). In the absence of an explicit statement of a validity date, Eutraco’s Quotations shall be valid for 14 days.
3. Any acceptance by the Customer following a Quotation by Eutraco shall be confirmed by the latter by way of an Order Confirmation. Eutraco may waive the aforementioned Order Confirmation on its part, without prejudice to the applicability of these General Terms and Conditions.
4. In the event of a difference between the Transport order issued by the Customer and Eutraco’s Order Confirmation/Quotation and/or General Terms and Conditions, only the Quotation/ Order Confirmation and Eutraco’s General Terms and Conditions shall be binding.
5. Each Agreement, concluded in accordance with the General Terms and Conditions, is recorded in a waybill. The absence, irregularity or loss of this waybill does not affect the existence or validity of the Agreement.

IV. Subject

1. On the instructions of the Customer, Eutraco undertakes to transport the Goods from the agreed Loading Location to the agreed Unloading Location and vice versa, whereby Eutraco never guarantees or bears any responsibility for the loading/unloading of the Goods to be transported. This is at all times the sole responsibility of the Sender, Consignee and/or Customer. In this respect, it is explicitly assumed that Eutraco will transport the Goods FTL either LTL or as “part loads”.
2. As far as the stowing of the Goods is concerned, Eutraco will carry this out, if necessary and possible. In that case, the Customer/Sender shall provide very precise and correct information and instructions as well as assistance with the method of stowing the Goods to be transported. Specific stowage materials must be provided by the Customer. The Customer confirms that the Goods to be transported are either his property or that he may dispose of them.
3. Eutraco acts in its own name but on the instructions and for the account of the Customer in the transport of the Goods.

V. Obligations of Eutraco

1. Eutraco undertakes to transport the Goods from the agreed Loading Location to the agreed Unloading location and vice versa at the time and in the manner stated in the Agreement or quotation.
2. Eutraco will use suitable vehicles for the carriage of the Goods and undertakes to deliver the Goods to the destination specified in the Contract or quotation within the agreed period of time, in the condition in which it received the Goods.
3. The weight indicated by the Sender shall not be recognised by Eutraco and shall not constitute proof against it, unless the verification as referred to in art. 8 par. 3 C.M.R. has taken place and is stated in the consignment note.

VI. Obligations of the Customer

1. The Customer undertakes to provide Eutraco with all useful and necessary information on the Goods to be transported prior to the conclusion of the Agreement in its Transport order. The information to be provided by the Customer is understood to mean at least: type of Goods/cargo, customs status, Loading location, Unloading location, description of the nature of the Goods, method of stowing, weight, number of packages and the date on which the Goods must be returned. In the event of an ADR transport, the Customer must ensure that all necessary ADR documents are handed over to Eutraco.
2. The Customer is fully responsible for Eutraco’s unimpeded and safe access to the Loading and Unloading Location, regardless of whether the Customer is also the Sender or the Consignee. Eutraco is not obliged to carry out a prior examination of the condition of the Loading and Unloading Location. The Customer guarantees that the Loading and Unloading Location is safe and easy to reach and drive on.
3. The Customer shall make the Goods to be transported available to Eutraco at the agreed Loading Location and time. Only the Sender shall be responsible for providing the Goods with the correct and professionally acceptable packaging material as well as lifting, securing, jacking and lashing points that are sufficiently strong for the transport to be carried out.
4. Eutraco never undertakes to unload, load and provide any assistance with the Goods. If any assistance is nevertheless provided by an Eutraco employee or subcontractor, such assistance shall be provided entirely under the authority and supervision of the Sender or Consignee.
5. If, in the context of the performance of the Agreement, a guarantee must be given in favour of any third party, this shall be done by the Customer, at its risk and expense.
6. Eutraco’s appointees cannot accept any instruction or declaration that binds Eutraco beyond the limits as far as this is concerned:
a. the value of the Goods to be used as a reference in the event of total or partial loss or damage;
b. the delivery periods;
c. the cash on delivery instructions;
d. a special value or special interest in delivery.

Employees of Eutraco are also not mandated to accept instructions or statements binding Eutraco with regard to dangerous goods or goods that are the subject of special regulations.

VII. State of the Goods to be carried

1. The Goods to be carried shall be received in the condition in which they are sent. Eutraco is only obliged to check the Goods for manifestly visible defects in their external condition. Eutraco is not responsible for the internal condition and hidden non-conformity of the Goods to be transported, even if the contrary is stated in the Transport order of the Customer.
2. In the event of refusal of the Goods by the Sender, the Freight Price shall remain payable in full.
3. In the event that the Goods are packed in boxes, bales, casks or opaque packaging, these shall be accepted by Eutraco without examination of the contents and condition of the Goods. In such case, the clause ‘said to contain’ shall apply by law.
4. In the event of overloading of Eutraco’s vehicle (on the axles or on the total weight) caused by poor loading and/or stowing of the Goods to be transported or an exceeding of the total weight, the Customer shall compensate Eutraco for all resulting economic damage (including fines for overloading) and/or damage to the vehicle.

VIII. Delivery terms

Eutraco shall collect the Goods at the Loading Location and deliver them to the Unloading Location within the delivery periods specified in the Contract or offer, in accordance with the relevant provisions of the CMR Convention.

IX. Freight price and prices additional services

1. Calculation of the Freight Price: The Freight Price is stated in the Contract or offer, excluding VAT. The Freight Price includes 1 hour loading and 1 hour unloading in case of national transport or 2 hours loading and 2 hours unloading in case of International transport (full load). If the loading or unloading exceeds these hours, the Customer shall owe Eutraco a supplement for these additional hours or waiting hours (Wait hours). Waiting hours are charged at a rate of 45 Euro per started hour. Waiting hours can be proven by all means of law and time registration such as GPS, tachograph, on-board computer data, among others. Unless otherwise stipulated in the Agreement or quotation, the Freight Price only includes transports that are carried out during the normal working week. For services on Saturdays, Sundays and public holidays (+50% on Saturdays and +100% on Sundays and public holidays).
2. Scope of the Freight Price: The Freight Price, including insurance, is provided in accordance with the provisions of the CMR Convention, but excluding the costs of harbour dues, quay dues, other third-party costs and all other charges, taxes, duties, levies or rights – including but not limited to the kilometre charge and environmental contribution – claimed by any government or other agencies as a result of the execution of the transport, even in the event that these costs were not yet known or applicable at the time of entering into the Agreement or issuing the offer.
3. Cargo Price Adjustment: The Cargo Price is adjustable on the basis of:
• the indices of the cost price of professional road haulage as drawn up by the non-profit organisation ITLB ( Instituut Wegtransport en Logistiek België) and published monthly in the Belgian Official Gazette; and
• the evolution of the official maximum prices for diesel. These price adjustments are automatically applied to current contracts or quotations issued and are invoiced in addition to and in addition to the initial Freight Price.
4. Waiting Hours for Loading and/or Unloading Location: When Eutraco is confronted with additional Waiting Hours for Loading and/or Unloading Location, in addition to the time provided for in article IX.1, due to circumstances not attributable to Eutraco, these Waiting Hours will be charged in full to the Customer in the manner as stated under IX.1. Circumstances not attributable to Eutraco’ shall be understood to include:
a. customs inspection;
b. missing or incorrect booking data;
c. waiting time due to unavailability of the Goods;
d. waiting time as a result of checking the Goods and/or ascertaining any damage;
e. waiting time due to congestion at the Loading and/or Unloading location.
5. Cancellation: In the event of unilateral cancellation of the Agreement by the Customer, the following compensation is due automatically, without prior notice and without prior judicial intervention: In case of cancellation up to the day before the Agreement has to be executed: 75% of the Freight Price is due; in case of cancellation of the Agreement on the day of execution: 100% of the Freight Price is due.
6. Pallet exchange is not offered as a standard service. Eutraco can offer this at a cost of 0.75 EUR per pallet exchanged.
7. Deliveries with a forklift truck are not offered as a standard service. Eutraco can offer this at an additional cost of EUR 150 per order.
8. Eutraco offers a copy of the CMR via a dedicated online platform. Printed documents will only be delivered against payment of 10 EUR per CMR and within a period of 7 days.
9. The costs for a transport with several unloading points will be settled as follows: 50 EUR per additional stop and with a maximum detour of 50 kilometres. The farthest stop will serve as the basis for the determination of the transport price.
10. On request, a stand trailer can be provided for a fee of 30 EUR per calendar day.
11. Unloading with tailboard can be offered on request for a fee of EUR 75 per order.

X. Payment terms and modalities

1. Unless otherwise agreed in writing, all invoices of Eutraco are payable within 30 days of the invoice date. The invoice amount is payable net.
2. If the Customer does not submit detailed and substantiated comments, complaints or protests within 10 calendar days of the invoice date, the invoice shall be deemed to have been irrevocably and unconditionally accepted by the Customer. Complaints expressed 10 calendar days after the invoice date by the Customer or later are not admissible.
3. In the event of non-payment on the due date of the invoice, the amount or the balance still to be paid shall be owed automatically and without any notice of default. Any delay in payment shall automatically and without notice of default give rise to the application of a default interest of 1% per started month from the due date.
4. The Customer shall not be entitled to offset any sums, costs and/or invoices that Eutraco may owe the Customer against the Freight Price and invoices issued by Eutraco, except with the express prior written consent of Eutraco.

XI. Contractual liability

1. Liability of the Customer: The Customer is solely responsible for the sound, timely and complete performance of its obligations under the Agreement and the applicable laws and regulations, both with regard to Eutraco and with regard to third parties. The Customer shall compensate Eutraco or third parties in full for all damage, loss of profit and all other adverse consequences, foreseeable or unforeseeable, which Eutraco or third parties undergo or experience and which are directly or indirectly based on errors, delays and other contractual failures attributable to the Customer. It shall indemnify Eutraco against all direct and indirect consequences if the Goods or the transport of the Goods cause damage to third parties or to Eutraco or its employees. The Customer is fully responsible for the accuracy and completeness of the information provided by it. He shall thus be held fully liable if damage is caused to the Goods, Eutraco or to third parties, including possible penalties, as a result of the incorrectness or incompleteness of the information provided by him. The Customer is obliged to indemnify Eutraco against all consequences of damage caused by the incorrectness or incompleteness of the information provided by it. The Customer shall indemnify Eutraco against all claims by third parties for compensation of damage which would have been caused to third parties by the Goods or by the transport of the Goods, if the Customer has committed a contractual or other shortcoming in this respect.
2. Liability of Eutraco: Eutraco’s liability, both in nature and in scope, with regard to damage to Goods is strictly limited to the provisions of the CMR Convention, unless expressly provided otherwise in writing.
3. Eutraco is therefore not liable for other or indirect damage or loss suffered directly or indirectly by the Customer, irrespective of the cause thereof, or for damage of a larger extent than the liability imposed by the CMR Convention. Eutraco is released from liability in the event of force majeure, as well as in any case of nuisance or damage caused directly or indirectly by weather conditions, natural disasters (storm, fog, lightning strike, flood, ice etc.), government measures, riots, strikes, traffic disruptions, fires, explosions, closures or delays at border posts, delays in stations or toll services, unforeseeable defects in the means of transport, theft, vandalism, acts of third parties, etc. In any event, Eutraco’s liability shall be limited to that which is effectively and actually reimbursed within the framework of the insurance referred to in article XII of these General Terms and Conditions.

XII. Insurance

1. Eutraco has taken out insurance to cover its liability as carrier for damage to the Goods entrusted as stipulated in the provisions of the CMR Convention.
2. Eutraco has subsequently taken out civil liability insurance with a first-class insurer established in Belgium. An insurance certificate may be provided to the Customer on first request. This certificate contains general information regarding the civil liability policy taken out by Eutraco.
3. The exemption and the uncovered risks are in any case at the expense of the Customer. Eutraco explicitly excludes itself for any damage that exceeds the amount paid out by the insurance.

XIII. Applicable law and competent court

1. These General Terms and Conditions and all Agreement(s) between the Parties are governed exclusively by Belgian law.
2. All disputes in connection with the conclusion, validity, interpretation and/or execution of these General Terms and Conditions and Agreement(s) between the Parties are subject to the jurisdiction and jurisdiction of the Courts and Courts of the district of West-Flanders, Bruges department.

Version 2018 – 1