I. Definitions and general provisions
Article 1.
In these terms, the “carrier” means EPSIMOVE, registered under company number BE 1041.320.734, which undertakes to perform or arrange carriage. The “principal” means the person entrusting the carriage to the carrier. The “sender” and the “consignee” are the persons identified as such in the consignment note.
Article 2.
All domestic or international carriage performed by the carrier is governed by the Convention on the Contract for the International Carriage of Goods by Road (CMR) of 19 May 1956, the Belgian Act of 3 May 1999 on the carriage of goods by road and these general terms. Any conflicting provision issued by the principal, sender or consignee applies only if expressly accepted in writing by the carrier.
II. Consignment note – Documents
Article 3.
The principal is responsible for the accuracy and completeness of all particulars and instructions supplied. Signature of the consignment note by the sender or consignee binds that person and, where necessary, constitutes authority to act on behalf of the principal. The carrier is not required to verify the signatory’s authority.
Article 4.
The weight declared by the principal or sender binds the carrier only if the carrier has checked it in accordance with Article 8(3) of the CMR Convention and the result of that check appears on the consignment note.
Article 5.
Where goods are tendered in closed or opaque packaging, a container or a loading unit, the carrier cannot inspect their contents. The description is then deemed to be given “according to the sender’s declaration” or “said to contain”.
III. Loading – Unloading
Article 6.
Unless otherwise agreed in writing, the sender carries out the loading, stowing and securing of the goods, and the consignee carries out the unloading. These operations take place under their respective responsibility.
Article 7.
Collection and delivery take place at the threshold or loading bay of the building, at a location normally accessible to the vehicle. The principal warrants that access roads, yards, bays and facilities at the loading and unloading sites are suitable, clear and safe. The carrier may refuse any access or manoeuvre presenting a risk to persons, the vehicle or the goods, and such refusal does not constitute a breach.
IV. Special instructions and declarations
Article 8.
The principal informs the carrier in advance of any special instruction or circumstance and provides all necessary documents. In particular, the principal draws attention to:
- any claim for compensation exceeding the limits set by Articles 23 and 25 of the CMR Convention;
- any requirement concerning the delivery period within the meaning of Article 19 of the CMR Convention;
- any cash-on-delivery arrangement referred to in Article 21 of the CMR Convention;
- any declaration of value or special interest in delivery referred to in Articles 24 and 26 of the CMR Convention;
- the dangerous nature of the goods and every obligation arising under the ADR.
Such instructions bind the carrier only after written acceptance and, where applicable, agreement on an additional charge.
V. Storage
Article 9.
All operations ancillary to carriage, including deposit, custody, storage, handling or forwarding, are subject to these terms unless a specific written agreement provides otherwise. Additional costs and risks resulting from an inability to deliver or from late instructions are borne by the principal.
VI. Price
Article 10.
The price is the price resulting from the contract, the accepted quotation or the tariff applicable when the order is placed. Acceptance of the carriage entails acceptance of the applicable freight, surcharges, taxes, disbursements and ancillary services.
Article 11.
A fuel surcharge may be applied on the basis of the official diesel price published by the competent federal authority. The reference is the price in force on 31 December 2003. The surcharge varies by 0.5% for each complete EUR 0.022 increment by which the monthly average exceeds that reference. It is adjusted periodically according to the available official average.
VII. Payment
Article 12.
The principal remains liable for the carriage price and ancillary charges even when asking the carrier to collect payment from the consignee or a third party. Such an instruction does not constitute novation and does not release the principal.
Article 13.
No claim of the carrier may be set off, withheld or deducted without the carrier’s written agreement. Any unilateral set-off or unjustified withholding automatically and without prior notice gives rise to fixed compensation of EUR 125, without prejudice to the right to claim the loss actually suffered.
Article 14 – Payment, late payment, allocation and recovery
Invoices are payable within fifteen days of their date, unless otherwise agreed in writing.
If full payment is not made by the due date, any outstanding amount shall automatically and without prior formal notice bear late-payment interest, from the day following the due date until payment in full, at the applicable rate in accordance with Article 5 of the Belgian Act of 2 August 2002 on combating late payment in commercial transactions.
As soon as late-payment interest becomes due under that Act, the unpaid amount shall also automatically and without formal notice be increased by the fixed compensation of EUR 40 for recovery costs provided for in Article 6 of that Act.
EPSIMOVE further retains the right to claim reasonable compensation for all other recovery costs incurred as a result of the late payment and exceeding that fixed compensation, within the limits permitted by applicable law.
Interest, compensation and recovery costs that have become due as a result of late payment shall remain payable regardless of any subsequent payment of all or part of the principal.
Any payment that does not settle all amounts due constitutes a partial payment.
Unless EPSIMOVE agrees otherwise in writing, any partial payment shall be allocated, notwithstanding any contrary payment reference, invoice reference or instruction from the debtor, in the following order:
- to recovery costs that are due;
- to compensation that is due;
- to accrued late-payment interest that is due;
- and only then to the principal of the debts, starting with the oldest debts that are due.
This allocation rule is expressly agreed between the parties in accordance with Articles 5.208 et seq. of the Belgian Civil Code.
Payment of only the nominal amount or principal of an invoice therefore does not constitute full payment or discharge of the debt where interest, compensation or costs have already become due.
The receipt of a partial or late payment, or of a payment covering only the principal, shall not constitute a waiver by EPSIMOVE of the outstanding amounts, a release of debt, a settlement agreement or an acknowledgement of the payment as full and final settlement.
The debt shall be considered fully settled only after full payment of the principal and of all interest, compensation and costs due by law or under the contract.
Any partial or insufficient payment leaving an outstanding balance due shall neither interrupt nor terminate recovery of the debt. The outstanding balance shall remain subject to recovery measures until payment in full.
EPSIMOVE reserves the right to refer any unpaid balance to legal counsel, a debt collection agency or a bailiff and, where necessary and legally appropriate, to pursue its recovery through any permitted judicial or extrajudicial means.
Payment of the principal after the start of recovery proceedings shall not terminate those proceedings where interest, compensation, costs or other amounts due remain unpaid. Recovery may continue for the entire outstanding balance until payment in full.
Any waiver by EPSIMOVE of all or part of an amount due must be express and in writing.
Article 15.
All claims of the carrier against the principal form one single and indivisible account. Over all goods, documents and valuables held or controlled by it, the carrier has a right of retention and a commercial pledge securing all its claims, including claims not directly related to the retained property.
VIII. Detention and formalities
Article 16.
Waiting time, detention and services exceeding the time normally included in the carriage give rise to the compensation set by the tariff or a separate agreement. Such compensation is payable in addition to the carriage price.
Article 17.
When completing customs or administrative formalities, the carrier acts as agent for the principal. Duties, taxes, guarantees, costs and the consequences of inaccurate information remain payable by the principal. Abnormal delays and additional services are invoiced separately.
IX. Disputes and final provision
Article 18.
Without prejudice to the mandatory provisions of the CMR Convention, any dispute falls, at the claimant’s option, within the jurisdiction of the courts where the carrier has its registered office or the courts where the principal has its registered office. Belgian law applies.
Article 19.
The invalidity or unenforceability of any provision of these terms does not affect the validity of the remaining provisions. To the fullest extent permitted by law, the affected provision is replaced by a valid provision producing an economic effect as close as possible to the intended effect.