Terms and Conditions
1. Definitions
• The Shipper: the Client, owner or authorised representative for whom Euro-Sprinters nv provides shipping services.
• Euro-Sprinters nv: the Shipping Agent who, for a fee, enters into a contract for the Shipment of Goods in Euro-Sprinters nv’s name, the costs of which are borne by the Shipper.
• The Service: any contract for the Shipment of Goods offered to and accepted by or performed by Euro-Sprinters nv.
• The Goods: all goods, including their packaging, the Shipper entrusts to Euro-Sprinters nv.
• Third Parties: parties that are not parties to the contract, specifically the natural persons or legal entities Euro-Sprinters nv works with in the performance of the contract.
• Transport Document and/or Consignment Note: the mobile application or the CMR document used by Euro-Sprinters nv (Ministerial Decree 8 of May 2002).
• COD: Cash On Delivery – deliveries made against payment.
2. Scope, Acceptance and Amendment
These General Terms and Conditions apply to all agreements concluded with Euro-Sprinters nv, as well as to all its offers and to all orders it receives, unless deviating or different conditions have been agreed with the Shipper in writing. By entering into a shipping contract with Euro-Sprinters nv, the Shipper accepts these General Terms and Conditions.
The general or special terms and conditions of the Shipper shall not apply to Euro-Sprinters nv.
3. Conditions of Carriage
Euro-Sprinters nv aims to carry out each Shipment of Goods exclusively and immediately. Unless agreed otherwise and permitted by law, each Shipment will take place by road and is subject to the provisions of the CMR Convention of 19/05/1956.
4. Unacceptable Shipments
The Shipper declares that the Shipment is acceptable for transport and confirms that its Shipment shall be considered unacceptable if:
- the Shipment is classified as hazardous material, dangerous goods, prohibited or restricted articles by IATA (International Air Transport Association), ICAO (International Civil Aviation Organisation), ADR (European Road Transport Regulation on dangerous goods) or other relevant organisations;
- no customs declaration is made when required by applicable customs regulations;
- it contains counterfeit goods, animals, bearer shares, currency, precious metals or gem stones;
- it contains real or counterfeit weapons, arms, explosives, ammunition;
- it contains drugs, illegal narcotics, pornography;
- if the packaging is defective or inadequate to ensure safe transportation;
- it contains perishable organic substances, foodstuffs or products which may pose a health hazard;
- any item that, although not falling under the aforementioned regulations, could as a result of its nature or packing constitute a hazard to third parties, health, the environment, the safety of the means of transport deployed, or could damage other carried items.
The above list is not exhaustive.
5. Refusal or Suspension of Services and the Corresponding Costs
The mere fact that Euro-Sprinters nv accepts the Goods shall in no way imply that Euro-Sprinters nv acknowledges that the Goods meet all the conditions to be admitted to the transport. Euro-Sprinters nv is entitled to refuse the collection or delivery of Goods and/or to suspend the transport thereof. Euro-Sprinters nv may decide to return the Goods to the Shipper and to invoice the Shipper for the costs involved if, in the opinion of Euro-Sprinters nv, the Goods are prohibited or hazardous or if the other contractual conditions have not been met.
In the event the refusal or suspension would result in costs or any liability on the part of Euro-Sprinters, the Shipper shall be liable towards Euro-Sprinters nv.
6. Obligations of Euro-Sprinters nv
Euro-Sprinters nv shall make every effort to ensure the agreed completion times of the Services offered are met. If the parties have agreed on terms in writing, Euro-Sprinters nv will make every effort to meet these terms. These deadlines are indicative only and are not binding.
Euro-Sprinters nv's liability is limited exclusively to direct damage and/or loss as stipulated in these General Terms and Conditions and in the CMR Agreement. All other types of losses and damages are excluded (including, without limitation, loss of profit, loss of income, loss of interest, loss of future turnover or other consequential damages), regardless of whether such losses or damages are special or indirect and even if the risk of such loss or damages was notified to Euro-Sprinters nv prior to or after acceptance of the Shipment.
The delivery of the Goods by Euro-Sprinters nv requires a signature on the Transport Document by whoever is present at the address of the destination which was provided to Euro-Sprinters nv by the Shipper in advance. Euro-Sprinters nv is not required to personally hand over the Goods to the Addressee. If there is a reception at the aforementioned address, the delivery can be made at that reception.
7. Obligations of the Client
The Shipper is responsible for the adequate packaging to protect the Goods against all transport risks, depending on the nature, the contents, the destination and the operations inherent to the transport, and as a guarantee against any damage.
It is the responsibility of the Client to provide Euro-Sprinters nv with the necessary files, information and instructions in a timely manner. All this must be received no later than upon requesting the transport and in accordance with the specifications of Euro-Sprinters nv.
The Client guarantees that the addresses, dimensions, weights and descriptions it provided and/or entered (e.g. via EDI, web tool, etc.) are complete and correct. Euro-Sprinters nv will perform the transport based on this information.
The Client must make the Goods available to Euro-Sprinters nv, at the agreed locations and times, and attach all agreed documents and all legally required documents, according to the specifications of Euro-Sprinters nv.
The Goods will be received at, and delivered to the doorstep or the platforms of the buildings unless otherwise agreed in writing.
For international Shipments, the Shipper is responsible for the documents, compliance with customs formalities and payment of the taxes and/or costs due.
Euro-Sprinters can arrange deliveries for the Client against payment. (COD) Euro-Sprinters only accepts payments via the payment application provided for this purpose, unless agreed otherwise. Euro-Sprinters is not responsible if fraudulent credit cards are offered, if the balance does not cover the costs and/or if identity fraud occurs.
8. Undeliverable Items
If nobody is present to accept the delivery, the Shipper will be contacted. In consultation with the Shipper, we can agree a new delivery time or date for the Goods. To the extent possible, Euro-Sprinters nv will inform the Shipper of the associated costs at the time of the consultation. Euro-Sprinters nv does not engage in storage and/or transshipment unless agreed otherwise with the Shipper.
9. Brochures, Quotations and Rates of Euro-Sprinters nv
The brochures (including web pages of the website on which the offer is published) and the applicable rates of Euro-Sprinters nv form an integral part of these General Terms and Conditions, unless agreed otherwise. The brochures and the rates may be changed under the same conditions as stipulated in these General Terms and Conditions. Brochures and rates are available on request from the Customer Care Department of Euro-Sprinters nv.
Euro-Sprinters nv is entitled to suspend, discontinue or modify the Services referred to in these General Terms and Conditions or the associated rates at any time and without prior notice.
10. Rates and Payment Conditions
The rates for the Services to be provided are stated in the Rate Schedule.
Euro-Sprinters nv charges a rate per kilometre, depending on the type of vehicle to be used. The kilometres are calculated from the point of departure nearest to the loading address, then to the next loading and/or unloading addresses, and finally back to the point of departure. The points of departure are fixed and have been established in advance by Euro-Sprinters nv. The number of kilometres to be travelled is determined with the aid of the maps software of PTV based on the fastest route. Euro-Sprinters nv applies prices on request for Shipments that require a vehicle higher than the type 1500. Unless agreed otherwise in the Rate Schedule.
All rates for the Services to be provided are exclusive of VAT. VAT and all other current and future taxes and levies of any kind levied by any authority under or pursuant to this Agreement are always borne by the Client and are, if applicable, added and payable in addition to the price.
The rates are indexed at least once a year according to the formula associated with the cost-price index. This formula is available from the Customer Care Department of Euro-Sprinters nv.
Rate surcharges may be applied for international Shipments as specified in the Rate Schedule. The fuel surcharge is calculated on the basis of the cost-price index of the Belgian Road Transport & Logistics Institute ((ITLB) www.itlb.be, fuel, national transport, general). The average index for the year determined by Euro-Sprinters nv is compared to the index for the month prior to the month in which the invoice is sent, and multiplied by 8.8. This amount is adjusted to 80%.
An additional cost of € 1,00 vat excl. will be charged when a transport order is placed by telephone or e-mail. This cost does not apply to online orders.
Collections and/or deliveries within a low-emission zone, a city centre and other hard-to-reach locations may be subject to a rate surcharge. This may include permits, vignettes, parking tickets, etc.
If no one is present at the loading or unloading address and the service partner decides in consultation with the Dispatching Department and/or the Client to wait, a surcharge will be charged for the waiting times.
The invoices of Euro-Sprinters nv must be paid within thirty days of the invoice date, unless agreed otherwise in writing.
If the Client has not paid an invoice by the due date, the Client must, by operation of law and without requiring any notice of default, as of the date on the invoice, pay an annual interest of 10% on the outstanding balance of the invoices and a fixed compensation of 10% on the outstanding balance, with a minimum of EUR 50.
In the event a Client cancels a request for a Shipment, the Client must pay the following amounts or the following percentages of the price agreed for the Shipment.
|
Type of vehicle |
cancellation more than 4 hours prior to departure |
cancellation less than 4 hours prior to departure |
cancellation after departure of the Shipment |
|
450,800,1500 |
0% |
minimum fee |
cost of dead freight |
|
lorries |
90% |
100% |
100% |
11. Compensation paid by Euro-Sprinters nv and Optional Insurance with an External Company
The regulations of the CMR Convention apply to the risks inherent to the transport. Euro-Sprinters nv cannot under any circumstances be held liable in the event of force majeure (bad weather conditions, breakdowns and mechanical problems, software or hardware failures, strikes, lightning, flooding, fire, acts of terrorism, checks, embargoes and seizures by competent authorities and traffic jams) and other events that take place outside the control of Euro-Sprinters nv by third parties or as a result of the intervention of the Client.
The Client is free to take out additional insurance policy through an external insurance company. The conditions of this additional insurance can be requested free of charge from the Customer Care Department of Euro-Sprinters nv. Euro-Sprinters nv does not offer any insurance and does not accept any value indication (indicated or assumed value) on documents that are handed over or exchanged with its representative.
12. Customer Care
In order to offer our clients the best possible service, the employees of the Customer Care Department are available for all your questions or comments. They can be contacted via telephone number 0800 32 233 or via e-mail info@eurosprinters.be (between 07:30 – 16:30). Our Customer Care Department does not answer any questions or handle any complaints from third parties, customers or subcontractors of the Shipper or the addressee of the Goods.
13. Complaints
By signing or accepting the Consignment Note at the time of delivery, the recipient confirms that there is no visible damage to the packaging or to the Goods and that the number of goods delivered corresponds to the number of goods entrusted to Euro-Sprinters nv.
However, in the event a dispute arises about non-visible damage to Goods involved in a transport carried out by Euro-Sprinters nv, this must be reported to Euro-Sprinters nv in writing within seven working days, preferably by sending an e-mail to info@eurosprinters.be stating the transport number. All other complaints must be reported to Euro-Sprinters nv in writing within 7 days after the Shipment has been delivered. Complaints regarding invoices must be reported in writing within 8 days after the invoice date.
14. Notifications
The Shipper accepts that, by way of derogation from Article 1223 of the Belgian Civil Code, communications may be sent by electronic mail or any other means of telecommunication and that, as the addressee, it is deemed to accept these communications as a written notification, unless it requests the receipt of a signed document.
15. Applicable Law
All legal relationships to which these Terms and Conditions apply are governed exclusively by Belgian law.
16. Jurisdiction
The jurisdiction is exclusively vested in the courts of the registered office of Euro-Sprinters nv as the place of conclusion and performance of the Agreement, without prejudice to Euro-Sprinters nv's right to bring the dispute before another court.
17. Engagement of Third Parties
Euro-Sprinters nv may, as a Shipping Agent, use independent external partners and/or subcontractors for the performance of this Agreement.
18. Privacy Policy
We may include your personal data in our files and process them for the following purposes: the performance of the transport agreement, customer management, payment management, prevention of non-payment, handling of complaints and questions, improvement of the quality of our services, IT security, drawing up a customer profile and enriching data in this context, satisfaction surveys, information campaigns, offering and promoting our services, reporting to the authorities and regulators. You are entitled, free of charge, to object to processing of your data for the following purposes: satisfaction survey and the offering and promotion of our services.
Your personal data may be disclosed for the purposes set out in the above paragraph to government authorities, other suppliers, companies contractually associated with us and companies directly or indirectly associated with us.
You have the right to inspect and correct your personal data.
You can send us a written request to this effect:
Euro-Sprinters nv
Egide Walschaertsstraat 1
BE 2800 Mechelen, Belgium
OR by sending an e-mail to
info@eurosprinters.be
You can also invoke your right to object via these channels.