Article 1 – Definitions

The following definitions are used in these general terms and conditions of sale (hereinafter ‘Terms and Conditions of Sale’):

PM trans: the company mentioned as the Contractor in the service order. 

The Customer: the natural or legal person for whom PM trans delivers goods, performs services or carries out an assignment of another nature.

The Agreement: all agreements, including these Terms and Conditions, between PM trans and the Customer regarding the purchase of services by the Customer from PM trans, as well as any other order that the Customer gives to PM trans, and all legal and other actions relating thereto.

The Parties: PM trans and the Customer.

Article 2 – Acceptance

2.1 These Terms and Conditions of Sale apply to all requests, quotations, offers, orders, order confirmations or agreements, any change or addition thereto, and any legal or other acts in preparation and/or execution with regard to the performance of services, carrying out of orders and performance of other activities by PM trans for the Customer.

2.2 References to the Agreement also include a reference to the Terms and Conditions of Sale which form an integral part thereof and are binding on the Customer, unless the Agreement expressly deviates therefrom in writing. Total or partial deviations from these Terms and Conditions of Sale must be set out in special express clauses drawn up and signed by PM trans.

2.3 No general terms and conditions included in any document belonging to the Customer will apply, regardless of any reference thereto in any request and/or order confirmation or other means of communication addressed by the Customer to PM trans. 

 

Article 3 – Offers

3.1 Offers are valid for 30 days, unless stated otherwise. Oral offers and undertakings will only be binding on PM trans after and insofar as they have been confirmed in writing by PM trans. All offers, in whatever form they are made, are without obligation and merely serve as an invitation to place an order, unless stated otherwise in writing by PM trans. 

3.2 PM trans reserves the right to refuse orders despite any offers that have been made. PM trans is not obliged to perform the Agreement at the price stated in the offer or Agreement if the said price is based on an obvious printing, writing or calculation error.

 

Article 4 – Prices and payment

4.1.  All prices are exclusive of VAT at 21%. Payment must be made in euros (€). If a price has not been explicitly agreed when the Agreement is concluded, the price as indicated in PM trans’s price lists at that time will apply, or in the absence thereof a reasonable market-based price.

4.2 All deliveries and services are payable within 30 days of the invoice date, unless stated or agreed otherwise. The Customer will not have the right to suspend or off-set payment under any circumstances.

4.3 In the event of any failure to pay or late payment, contractual late payment interest of 12% per year on the invoice amount will be due by operation of law and without prior notice of default, as well as contractual compensation of 10% of the invoice amount or EUR 75.00, whichever is the greater.

4.4 Any invoice that is not accepted must be objected to within ten days of receipt by returning it by registered post to PM trans, stating the reason for its non-acceptance. Unless the Customer objects to an invoice within ten days of receipt, the invoice will be deemed to have been accepted.

4.5 In the event of non-payment or partial payment of an invoice on the due date, any payment terms granted for any other deliveries that have been made will lapse and all outstanding debts that the Customer has towards PM trans in respect of the commercial relationship with PM trans will become due and payable regardless of their nature (principal, compensation, interest, etc.).

PM trans may in such a situation offset the amounts owed by it to the Customer, regardless of whether these are already due and payable, against the amount of the Customer’s outstanding debt.

4.6 In the event of cancellation after 12.00 on the day before carriage, up to 80% of the cost will be charged. In the event of cancellation before

12.00 on the day before carriage, an administration fee of EUR 25 will be charged.

4.7 All prices are exclusive of costs such as tolls, charges for tunnels, ferry or Eurotunnel charges and surcharges for ADR, Fly-Jib or other accessories, exceptional transport, customs formalities and surcharges for Sundays and public holidays, unless stated otherwise. Price estimates are not binding and may be changed in the final calculation in the event of an increase in any of the aforementioned costs. 4.8 All prices are exclusive of standage charges which result from traffic bans, usually from Saturday 10.00 pm to Sunday 10.00 pm or from 10.00 pm on the day before a public holiday to 10.00 pm on the day of the public holiday. If necessary, a supplement will be charged per day of immobilization.

4.9 All prices are exclusive of waiting times for loading and unloading, at customs offices and in ports. Costs vary according to vehicle type.

4.10 For transport charged on a time basis, the actual hours worked will be determined after the consignment has been transported. Charges will be calculated from the time of departure to the time of arrival at the depot in B-3630 Maasmechelen. Guideline prices are purely indicative.

 

Article 5 – Complaints and inspection

5.1 The Customer is required to check the goods to be delivered before they are collected by PM trans at the Customer’s warehouse.

5.2 Any complaints regarding services must be made by the Customer by registered letter within eight days of delivery thereof. The complaint must provide a precise description of the nature and basis of the complaint and the defect. No complaint made by the Customer regarding a defective service will be accepted after this period has elapsed. This provision does not affect the consumer’s rights under Art. 1641 to 1649 and Art. 1649 quater and following of the Civil Code.

5.3 If a valid and timely complaint is made regarding a defect in a service, PM trans is obliged, at its own discretion, to (i) repair the defect, or (ii) replace the service, or (iii) fully or partially refund the price charged in connection with the defective service. Any further liability with regard to a defective service is excluded. 

5.4 All rights and claims of the Customer with regard to the payment of a sum of money, and/or performance of a repair or replacement of the relevant service, for whatever reason, and any right of the Customer to dissolve the Agreement, will lapse a) in the event of late notification as defined by the present Article 5 or by law, b) if PM trans has not been given the opportunity to immediately investigate the complaint or have it investigated on the spot, or c) if six months have elapsed since the date of delivery.

 

Article 6 – Liability

6.1 PM trans is only liable in the event that a professional error is committed in the execution of an assignment.

6.2 PM trans’s liability under the Agreement between the parties is in any case limited to the value of the services provided, to the exclusion of all other costs, fees and damages.

6.3 PM trans is not liable under any circumstances for incidental or consequential damage (including but not limited to physical injury, damage to property, financial loss, loss of profit, personnel costs, damage to third parties, loss of income).

6.4 The transported goods will be insured under the CMR liability regime, with a maximum liability of 10 euros per kg gross weight (see Article 23§3 CMR). If PM trans is required to arrange all-risk insurance, this must be expressly requested in writing before transport begins.

6.5 The Customer is always obliged to attach to the freight on a timely basis all documents which are required by law or regulation to accompany the goods. The late or non-timely provision of the necessary documents will release PM trans from liability; the Customer will indemnify PM trans in such circumstances, without prejudice to the possibility of refusing the freight or claiming compensation. PM trans is not liable under any circumstances for the incorrect or incomplete provision of information on the transport documents, including accurate information about the quantity and weight. Any costs, liabilities or damage arising therefrom will be borne exclusively by the Customer, from whom they may be recovered.

6.6 If the consignee has taken receipt of the goods without having checked their condition in the presence of PM trans, or without having made a complaint to PM trans stating the general nature of the loss or damage no later than the time of delivery in the case of visible losses or damage, or within two days following delivery, not including Sundays and public holidays, in the case of invisible losses or damage, the consignee will, in the absence of proof to the contrary, be deemed to have received the goods in the condition described in the consignment note. The above complaints must be made in writing if they concern invisible losses or damage.

 

Article 7 – Invalidity

7.1 If one or more articles of these general terms and conditions are contrary to mandatory provisions of the law and are therefore invalid, they will be disregarded. Any invalidity of any provision of these terms and conditions will not in any way entail the invalidity of the other provisions, which will remain fully applicable.

7.2 The Parties undertake to cooperate in good faith in drawing up new provisions to replace any such invalid provisions. 

 

Article 8 – Applicable law and territorial jurisdiction

8.1 The entire relationship between PM trans and the Customer, in all its aspects and for all its transactions, is governed by Belgian law. 8.2 Any disputes with regard to the conclusion, execution or interpretation of the Agreement or of the invoices of PM trans or its general terms and conditions of sale, will, if the summons is served at the request of PM trans, fall under the jurisdiction of the Courts of Tongeren.

 

Article 9 – Loading, unloading and stowage

9.1 Stowage, loading and unloading will be performed by and under the responsibility of the Customer.

9.2 The Customer warrants that the primary packaging of the goods is sufficiently sturdy to be enclosed, secured or stowed on a vehicle in accordance with the ‘European best practices guidelines on cargo securing for road transport’ issued under the auspices of European Commission.

9.3 Unless requested in advance, pallets will not be exchanged.

9.4 Unloading and loading areas must be accessible to and suitable for driving on by trucks. Delivery will take place at the threshold or loading bay of the buildings if no other place has been agreed.

 

Article 10 – General

PM trans operates on the basis of the general terms and conditions of carriers in Belgium (Annexes of the Belgian Official Gazette of 24 June 2005, under number 0090237). The CMR conditions are applicable to road haulage. All orders must be made by the Customer in writing.