1. CMR and general terms and conditions

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The transport of containers by road is subject to the provisions of the CMR convention (Convention on the contract for the international transport of goods by road of 19 May 1956), the law of 15 July 2013 on the transport of goods by road and the general terms and conditions for road transport based on the three recognized professional organizations (FEBETRA, Transport en Logistiek Vlaanderen and UPTR) as stated on the respective websites of the aforementioned professional organizations [1] and on the back of the CMR consignment note issued by these professional organizations and on the specific conditions below .

Deviations from these terms and conditions are only enforceable against us if accepted by Robbyns in writing.

A temporary deviation between the parties of the stipulations of these general terms and conditions in the manner of their implementation can in no way be interpreted as an adjustment or renewal of these stipulations, so that the provisions of these general terms and conditions remain valid at all times.

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2. Definitions

 

In these conditions the following terms have the following meanings:

• Drop-off and set-up at a depot or a terminal are counted from the time that the carrier, where appropriate, enters the back of the queue before entering the depot or terminal site until the carrier leaves the site again. As proof, the following are taken into consideration: the handling system of the depot or the terminal, time registration cf. tachograph, GPS, on-board computer, registration of the alfapass, ... (non-exhaustive list).

• Terminal: a loading, unloading or transfer point adjacent to a rail, road, air or shipping route, where the containers must be received or delivered.

• Depot: collection point for empty containers, where the carrier, either under its own management or on behalf of the sender, must collect and / or deliver containers within the framework of the agreed transport.

• Sender: the principal co-contracting party of the carrier

• Shipper: the representative of the sender who hands over the goods materially to the carrier in the name and at the expense of the sender.

• Consignee: the consignee to whom the goods must be delivered in accordance with the contract of carriage, as stated on the consignment note.

• Unloader: the company mandated by the addressee that unloads a container and takes delivery of the goods in the name and on behalf of the consignee equipment.

• Freight price: transport price given based on the initial information at the price request.

 

 

3. TRANSPORT ORDERS

 

3.1 Transport orders must be given in writing. Telephone assignments are not accepted until considered definitive after written confirmation thereof by the sender and with express acceptance by the carrier.

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3.2 The assignments must be as complete as possible. In one standard document, the following minimum    information must be included: type of container and number - if already known at the time of booking -,          pincode, customs status, seal number, quay, terminal or depot, description of the nature of the goods,            weight, number of packages, date on which container must be returned free of costs and any additional        instructions.

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3.3 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 from the sender in advance so that the description on the            CMR, labels, signage, etc. are in accordance with the ADR agreement.

 

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[1] The “General Conditions for Road Transport” can be found on the following websites: www.febetra.be , www.tlv.be , www.uptr.be as well as on simple request from the carrier.

If a container or tank container with dangerous goods is dropped off 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.

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

 

3.5 The sender provides for the sealing of the container and applies it. If the driver has to apply the seal        himself, this is always done under the responsibility of the sender. Preferably, the sender provides an e-seal.

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3.6 If, at the request of the sender, a container terminal with pre-notification is to be used, it is the                  responsibility of the sender to provide all necessary references for the booking of a time slot and for the        automatic handling on the terminal. the carrier and this at least 24 hours in advance. The carrier cannot be    held responsible for the unavailability of time slots.

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The sender is responsible for affixing and clearing customs documents for both import and export.
The carrier will not take responsibility for the application and clearance of the documents.
The carrier cannot be held responsible if the documents are not available at the quay. In the event that an      infringement has been established by Customs in which the carrier is an affected party, the Shipper will        always immediately contact the carrier and provide the latter with all information so that the carrier can          fully exercise his rights of defense towards the concerned party, if necessary. customs services. If the            Sender nevertheless entered into an amicable settlement with the FPS Finance while ignoring the                aforementioned rights of the carrier, the financial and other consequences cannot be charged to the              carrier afterwards by the Sender.

 

 

4. Cancellation of transport order

 

• after 2:00 pm the day before: 75% of the fare

• on the day of the ride itself: 100% of the ride price

• unless a replacement ride is provided with similar conditions regarding price, distance, ...

 

 

5. In those cases where 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 on first request in the condition in which it      was at the time of receipt by the carrier. sender, consignee, shipper or unloader, except for wear and tear      during normal use. The sender, consignee, shipper or unloader is responsible with due diligence for the        means of transport and / or container taken into custody.

 

 

6. Condition of the containers

 

6.1 The terminal and / or depot will hand over the container in accordance with the agreed arrangements      made by the sender with the shipping company. The carrier can in no way be held responsible if                    containers do not comply with this.

 

6.2 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 its external condition and this from the ground in an upright        position and without entering the container (s). The carrier cannot be held liable for any defects in the            container that are only discovered when it is loaded or unloaded.

 

6.3 In case of refusal of the container by the sender, the freight charge remains undiminished. If the sender still obliges the carrier to pick up another container, the freight charge for this extra journey is due in full.

 

6.4 The consignee or his mandated unloader will ensure that the container is at least broom clean after        unloading and free of all labels and stowage material. The carrier is not liable for cleaning costs.                    Settlement for cleaning costs is always in the name and for the account of the sender.

 

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

 

 

7. Content of the containers

 

7.1 Containers filled and handed over to the carrier are accepted without examination of their content,          number, weight and condition. The “said to contain” clause applies in such cases by operation of law.            When loading the container, the sender or his appointed shipper is responsible for closing the container        and sealing it. Unless otherwise agreed in writing, the consignee or his appointee 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 on the total weight, caused by poor stowage in the container or an exceeding of the total weight, the sender will pay the economic damage (including fines) and / or damage to the fully reimburse the carrier for vehicle resulting from this.

 

 

8. Maximum hours free time

 

8.1 Setting up and / or removing a container: 45 minutes per container and a maximum of 45 minutes per
additional container handling.

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

 

8.3 If the periods stated under points 8.1 and 8.2 are exceeded, the sender will owe a standstill fee for waiting hours. This fee is calculated per 15-minute disc started.

 

 

9. Waiting hours at the terminal / depot

 

Additional waiting hours at the terminal and / or depot, in addition to the time provided in Articles 8.1 and 8.2, as a result of missing or incorrect booking data, lack of late-track, non-exempt containers, unavailability of the container, waiting hours as a result of 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, customs documents entered at an e-desk, missing PIN code or order form … (Non-exhaustive list) will be charged in full to the sender by the carrier. This allowance is calculated per 15-minute segment (1st hour off). This fee is also payable for additional waiting hours as a result of IVK inspection or container scan by customs. In addition, all associated costs are borne by the sender. All means can be used as proof of the time registration.

 

A fee for waiting time is charged for each 15-minute slice.

This compensation amounts to 16.66 euros for each 15-minute installment.

 

 

10. Freight charge

 

The freight rate is adjustable based on:

• the indices of the cost price of professional goods transport by road as drawn up by the non-profit organization ITLB (Institute for Road Transport and Logistics Belgium) and published monthly in the Belgian Official Journal; and

• the evolution of the official maximum prices of diesel 10ppm as published by the Federal Public Service Economy or the evolution of the prices of alternative energy sources.

 

 

11. Additional costs

 

11.1 All additional costs arising from the execution of the transport, other than waiting times, are also borne  by the client. The following are considered additional costs: tolls, costs related to scanning and other              customs formalities, costs related to fumigation, total cost of a compulsory overnight stay of 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.

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11.2 Detention and demurrage costs are at the expense of the sender.

 

 

12. Choice of applicable law

 

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

 

13. Quotations

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Quotations made are valid for a period of 30 days or otherwise agreed.

Quotations that have not been signed by someone from the management can be revised at any time by someone from the management.

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14. Final provisions

 

If one or more stipulations of these general terms and conditions, for whatever reason, should not apply, the other stipulations will nevertheless remain valid.