General conditions of sale for the company Xwift bv/srl, referred to below as “the transporter".
1. The invoices are to be paid in Nazareth, cash, net and without discount at the address of the location of the transporter, unless specifically agreed to otherwise in writing.
2. The transporter is only bound to corresponding execution of every job upon prior and explicit written confirmation on his part. Per loading and unloading address, 15, 30 or 45 minutes is always included, depending on the type of vehicle, unless stated otherwise in writing.
3. The client and the transporter should behave to the standards of ‘reasonability’ and ‘fairness’. Any form of inequity and unfairness will lead to the immediate and without prior notice entry into force of articles 8 and 9, without prejudice to the fact that the invoices would be cancelled or not and that the unreasonable or unfair complaint, note, or any other dispute of this nature will be considered as worthless, without prejudice to the fact that the conditions of article 6 would be respected.
4. The transporter will strive to complete all jobs correspondingly and in good order. In case of force majeure (strikes, riots, blockades, extreme weather conditions, breakdown and all other circumstances for which the transporter cannot be held responsible), the transporter is absolved of any damage due to circumstances arising from the agreements made. However, if the situation allows for it, the client will be informed immediately of any delay in progress. This last condition will be considered ‘goodwill’ and can in no way be presented as binding.
5. The transporter will carry out its assignments under the conditions of the CMR-convention and carry legal insurance. The transporter cannot be held responsible for any consequential damage.
6. The client or its patron are responsible for any and all additional insurances needed should the provided CMR insurance seem unsufficient.
7. The transporter is responsible for loading and unloading (unless stated otherwise in the order).
8. Obligations of principal participants in ADR shipments
• Check whether the goods are classified and allowed to be transported.
• Provide the transporter with information, data and the required transport and accompanying documents in a traceable manner.
• Only use packages/tanks that are approved, suitable and have the required markings.
• Comply with shipping method terms and restrictions.
• Ensure that even empty, uncleaned, non-degassed tanks are provided with the appropriate signage/markings and that these tanks are equally leak-tight.
• Must not delay the receipt of the goods without compelling reasons, and must check after unloading whether the relevant regulations are being complied with.
• If a violation is found in a container, he may only return it to the transporter after it has been rectified.
• May only hand over to the transporter those dangerous goods that are admitted for carriage in accordance with ADR.
• When handing over packaged dangerous goods or empty uncleaned packagings for transport, he must check whether the packaging is damaged.
He may not hand over packages or empty uncleaned packaging whose packaging is damaged.
• Must comply with special regulations concerning loading and handling.
• After loading, must comply with the requirements for large labels, markings and orange shields according to chapter 5.3.
9. Every complaint should be lodged via registered letter with proof of delivery and with valid and clearly described grounds to the location of the transporter within 8 days after date of invoice. Under penalty of forfeiture and inadmissibility of any complaint after the deadline and without justification, as established in article 3.
10. Any complaint concerning the conformity of the delivery should be addressed to the address of the transporter via registered within 48 (forty-eight) hours after the planned delivery date or time. All complaints made after this deadline will be considered null and void.
11. Failure to pay by the due date will increase the unpaid amount by law with 15%, with a minimum of 125.00 euro and a maximum of 1860.00 euro by way of damages and without requiring prior notice.
12. All expired and unpaid invoices shall automatically and without prior notice be increased with 12% late payment interest, per year. This interest is completely separate from the specific penalty mentioned in article 8.
13. If one invoice remains unpaid in its due date, this means that all pending invoices, whether or not due, will legally be declared due and immediately payable. This without prior notice and with articles 8 and 9 of these agreements remaining applicable to the invoices not yet due.
14. Unavailability of the transporter to the client or its patron for whatever reason does not give rise to any compensation even if this clause or a similar clause is included in the conditions of the client.
15. Already confirmed orders that are cancelled too late, for example after the transporter has already departed, will automatically and without further default notice result in a cancellation fee of 50% of the minimal flat rate transport cost (depending on the vehicle type) when the order is cancelled between 1 and 2 hours prior to the scheduled time. When the order is cancelled less than 1 hour before it was scheduled, a cancellation fee of 100% of the minimal flat rate transport cost for that type of vehicle will be brought into account. If the already completed efforts and kilometers superseed the minimal flat rate transport cost, effective prestations will be brought into account.
16. The transporter's conditions of sale shall prevail at all times on that of the client and/or its patron, even if other conditions have been agreed to.
17. Only the courts of Ghent have jurisdiction on claims and possible disputes.