Terms and Conditions

The (general) conditions for container transport cannot be viewed separately from the CMR Convention, nor from the Act of 15 July 2013 regarding the carriage of goods by road or from the general conditions as stated on the back of the CMR consignment note.

1. CMR and general terms and conditions

The road transport of containers is subject to the provisions of the CMR Convention (Convention concerning the Contract for the International Carriage of Goods by Road of 19 May 1956), the Act of 15 July 2013 on the Carriage of Goods by Road and the general terms and conditions for road transport based on the three recognized professional organizations (FEBETRA, Transport and Logistiek Vlaanderen and UPTR) as stated on the respective websites of the aforementioned professional organizations1 and on the back of the CMR consignment note issued by these professional organizations and subject to the specific conditions below.

Deviations from these conditions can only be enforced against us if accepted in writing by Vervoer Frans Gommeren bv. A temporary deviation between the parties from the provisions of these general terms and conditions in the manner of their implementation cannot in any way be interpreted as an adjustment or renewal of these provisions, so that the provisions of these general terms and conditions remain valid at all times.

2. Definitions

In these conditions the following definitions apply:

• Waiting time for drop-off and set-up at a depot or terminal is calculated from the time that the carrier, if applicable, reaches the back of the queue before entering the depot or terminal site until the carrier leaves the site again. The following evidence is taken into account: the handling system of the depot or the terminal (EIR), time registration cf. tachograph, GPS, on-board computer, registration of the alfapass, ... (non-exhaustive list).
• Terminal: a loading, unloading or transhipment point connected to a rail, road, air or shipping route, where containers are received or delivered.
• Depot: collection point for empty containers, where the carrier must collect and/or deliver containers, either under his own management or on behalf of the sender, as part of the agreed transport.
• Sender: the client/co-contractor of the carrier
• Shipper: the representative of the sender who actually hands over the goods to the carrier in the name and on behalf of the sender.
• Consignee: the consignee to whom the goods are to be delivered in accordance with the contract of carriage, as stated on the bill of lading.
• Unloader: the company mandated by the consignee that unloads a container and materially receives the goods in the name and on behalf of the consignee.
• Freight price: agreed transport price based on the initial information upon price request from the sender.

3. Transport orders

Transport orders must be given in writing, with a deadline of 2 hours before their execution. Telephone orders are only considered final after written confirmation by the sender and express written acceptance by the carrier.

The assignments must be complete. The following minimum information must be included in one standard document: container type and number — if already known when booking —, PIN code or right to collect (CPu), customs status, seal number, terminal or depot, boat name, destination/origin (in relation to VAT -regulations) description of the nature of the goods, weight, date on which the container must be returned free of charge or to meet the closing; and any additional instructions.

In the event of collecting a container or tank container with dangerous goods at a terminal or depot, the carrier must receive all information from 3.2 in advance from the sender so that the description on the CMR, labels, signage, etc. are in accordance with the ADR treaty. . In the event of depositing a container or tank container with dangerous goods at a terminal or depot, the sender or the shipper appointed by him must ensure that the description on the CMR, labels, signage, etc. are in accordance with the ADR Convention. The unloader of the goods is responsible for removing the applied labels/signage from the container or tank container.

All copies of the CMR consignment note or eCMR must be made available to the driver so that the driver can make any reservations and/or comments.

The sender provides and affixes the seal to the container. If the driver has to affix the seal himself, this is always done under the responsibility of the sender. The sender preferably provides an e-seal.

If, at the request of the sender, a terminal or depot with pre-registration must be used, it is the sender's task to provide all necessary references for booking a time slot and for automatic handling at the terminal/depot. to be delivered to the carrier. It is the sender's responsibility to verify the accuracy and validity of this information. Incorrect data can lead to additional costs. The carrier cannot be held liable for the unavailability of time slots. The sender is responsible for submitting and clearing customs documents for both import and export.

The carrier will not take any responsibility for the presentation and settlement of the documents. The carrier cannot be held responsible if the documents are not available on the quay. In the event that an infringement has been detected by customs in which the carrier is a party involved, the sender will always immediately contact the carrier and provide the latter with all information so that the carrier can, if necessary, fully exercise its rights of defense towards the person concerned. customs services. If the sender nevertheless entered into an amicable settlement with the FPS Finance in disregard of the above-mentioned rights of the carrier, the sender cannot subsequently charge the carrier with the financial and other consequences.

4. Cancellation of transport order

After 2:00 PM the day before: 75% of the fare
After 5:00 PM the day before or on the day of the ride itself: 100% of the fare

5. Disconnect at shipper or unloader

In those cases in which the carrier must leave a means of transport and/or container with the sender, consignee, shipper or unloader, it will be returned to the carrier upon first request in the condition it was in at the time of receipt by the sender, consignee, shipper or unloader, except for wear and tear during normal use. The sender, consignee, shipper or unloader is responsible for the means of transport and/or container taken into custody with due care.

6. Condition of the containers

A truck driver is not a container checker. The terminal and/or depot hands over the container in accordance with the sender's booked agreements with the shipping company. The transporter can in no way be held responsible if containers do not comply with this. After all, it is the responsibility of the sender and the shipper to book the correct container with the shipping company.

Containers are received at the terminal or depot in the condition they are in. The carrier checks the container(s) for manifestly visible defects in their external condition (such as holes and cracks) from the ground in a standing position and without entering the container(s). The carrier cannot be held liable for any defects in the container that are only discovered during loading or unloading.

Smell is a subjective factor, about which the driver cannot judge. It is the job of the shipping company/container handler to provide odorless containers as standard. The carrier bears no responsibility for this.

In the event of refusal of the container by the sender, the freight price remains payable. If the sender obliges the carrier to pick up another container, the freight price for this additional journey remains due.

The consignee or his authorized unloader ensures that the container is at least broom clean after unloading and free of all labels and stowage material. The carrier is not liable for these costs. Signing off for clearance costs is always in the name and at the expense of the sender.

The carrier cannot be held liable for meteorological influences on the container, such as condensation, heat and humidity.

7. Contents of the containers

Full containers delivered to the carrier at the terminal/loading location are received without examination of their contents, number, weight and condition. The "said to contain" clause applies by operation of law in those cases. When loading the container, the sender or his designated shipper is responsible for closing the container and sealing it. Unless otherwise agreed in writing, the consignee or his representative is responsible for breaking the seal and opening the container.

In the event of overloading of the carrier's vehicle on the axles or on the total weight, caused by poor stowage in the container or an excess of the total weight, the sender will pay the economic damage (including fines) and/or damage to the vehicle resulting from this will be fully reimbursed to the carrier.

8. Maximum hours off

Setting up and/or taking down a container: 60 minutes per container and a maximum of 60 minutes per additional container handling at the terminal/depot.

Loading and/or unloading a container at sender/consignee: 2 hours.

If the terms stated under points 8.1 and 8.2 are exceeded, the sender is liable to pay a downtime fee for waiting hours. This fee is calculated per 15-minute segment started.

9. Waiting hours at terminal/depot

Additional waiting hours at the terminal and/or depot, in addition to the time provided for in Articles 8.1 and 8.2, as a result of missing or incorrect booking data, lack of late tracking, non-exempt containers, unavailability of the container, waiting hours due to inspection of the container and/or determining any damage, waiting hours for connecting and setting up reefers, customs scan, degassing as a result of a customs inspection, physical verification or other checks by the government, entering customs documents at an e-desk, lack of PIN code or tracking slip (non-exhaustive list) will be charged in full to the sender by the carrier. This fee is calculated per 15-minute segment started. This compensation is also due for additional waiting hours as a result of IVK inspection or container scan and/or physical inspection by customs. In addition, all associated costs are borne by the sender. All means can be used as proof of time registration. A waiting time fee will be charged for each 15-minute session started. This compensation is 55 euros per hour.

10. Freight price

The freight price is adjustable based on:

• The indices of the cost price of professional road freight transport as drawn up by the non-profit organization ITLB (Institute of Road Transport and Logistics Belgium) and published monthly in the Belgian Official Gazette.
• The evolution of the official maximum prices of diesel as published by the Federal Public Service Economy or the evolution of the prices of alternative energy sources. We communicate this diesel percentage every month.
• Indexation or increase in kilometer tax by the Belgian authorities.

11. Additional costs

All additional costs arising from the 'provision of transport, other than waiting times', are also borne by the client. Are considered additional costs: tolls, costs associated with scanning and other customs formalities, costs associated with fumigation, total cost of a mandatory overnight stay for the driver, costs of pre-registration or pre-check, costs of sealing ... (non-exhaustive list ). The carrier is responsible for the costs that are borne by him on the basis of the CMR Convention.

Detention and demurrage costs are always borne by the sender. To avoid or limit these costs, we always recommend communicating in advance and proactively about the free time of a container with the carrier.

12. Choice of Law

All agreements to which these general terms and conditions apply are subject to Belgian law. The Belgian courts have priority jurisdiction for disputes regarding the application of these general terms and conditions.

13. Final provision

If one or more provisions of these general terms and conditions are not applicable, for whatever reason, the other provisions will nevertheless remain valid. Under no circumstances can the publisher be held responsible for any errors.