Article 1 - Definitions
In these general terms and conditions (hereinafter referred to as "the Conditions"), the following terms are defined as:
Article 2 - Applicability of General Terms and Conditions
2.1 These Conditions form an integral part of the Agreement and apply to all activities of Lenaers Express. A reference to the Agreement also refers to these Conditions, which are binding for the Customer, unless explicitly deviated from in writing in the Agreement. Only special and expressly drafted clauses, signed by Lenaers Express, can fully or partially derogate from these Conditions.
2.2 The Customer's general terms and conditions do not apply, regardless of whether the Customer refers to those conditions in an inquiry or order confirmation addressed to Lenaers Express or in any other form of communication.
Article 3 - Offers
The validity of offers is 30 days, unless otherwise stated. Oral offers and promises are binding on Lenaers Express only to the extent that they are confirmed in writing by Lenaers Express. Lenaers Express reserves the right to refuse orders despite offers made. Lenaers Express is not obliged to execute the Agreement at the price mentioned in the offer or Agreement if that price is based on an obvious printing, writing, or calculation error.
Article 4 - Prices and Payment
4.1 All offered prices are exclusive of VAT and exclude costs such as road and tunnel tolls, ferry charges, Eurotunnel, and surcharges for ADR, Fly-Jib, or other accessories, exceptional transport costs, customs formalities, and surcharges for weekends and public holidays, unless otherwise stated. Payment is made in EUR (€). If no price has been explicitly agreed upon at the time the Agreement is concluded, the price as indicated in Lenaers Express' price lists at that time shall apply, and if no such list exists, a reasonable and market-conform price determined by Lenaers Express.
4.2 All deliveries and services are payable within 30 days of the invoice date, unless agreed otherwise. The Customer never has the right to suspend payment due to any alleged non-performance by Lenaers Express, nor to apply set-off.
4.3 In case of non-payment on the due date, an interest for late payment of 12% per annum on the invoice amount will be due by operation of law and without prior notice of default, as well as a conventional compensation of 10% of the invoice amount, with a minimum of 125.00 EUR per invoice.
4.4 Any protest against an invoice must be received by Lenaers Express in writing within 14 days following the invoice date. After this period, the invoice is deemed to be accepted. Neither a partially grounded protest, nor an ungrounded or unmotivated protest, suspends the payment of the justified parts of the invoice.
4.5 In case of non-payment on the due date of one invoice, all other invoices, even if not due, become immediately and fully payable by operation of law, without prior notice. Lenaers Express has the right to apply set-off between amounts owed by Lenaers Express to the Customer, regardless of whether they are due, and the Customer's outstanding debt.
4.6 In the event of cancellation after 12:00 on the day before the transport, up to 80% of the agreed freight price will be charged. In case of cancellation before 12:00 on the day before the transport, a file cost of 25 EUR per transport will be charged.
4.7 Price estimates provided are not binding and may be revised at the final settlement if any of the previously mentioned costs increase.
4.8 All prices are exclusive of any parking fees resulting from driving bans, e.g., from Saturday 22:00 to Sunday 22:00 or the day before a public holiday from 22:00 to 22:00 on the public holiday, as well as those resulting from strikes, blockages, collective actions, and demonstrations by third parties. In such cases, a supplement will be charged per day of delay.
4.9 All prices exclude waiting hours for loading and unloading, at customs offices and ports. Costs vary by vehicle type.
4.10 For transports managed in-house, the actual hours worked after transport execution are determined. Rates are calculated from departure to arrival at the depot in B-3600 Genk. For crane trucks, the calculation starts from the beginning (including loading the necessary lifting equipment) until arrival at the depot in B-3600 Genk.
Article 5 - Insurance and Transport Documents
5.1 The goods transported are covered under the liability regime of the CMR consignment note, with a maximum liability of 10.00 EUR/kg gross weight (cf. Art. 23$4 CMR). If Lenaers Express is to take out an all-risk insurance, it must be expressly requested in writing before the transport begins.
5.2 The Customer is required to provide all documents that, under legal or regulatory provisions, must accompany the goods. Lenaers Express is in no case liable for incorrect or incomplete information on the transport documents, including, but not limited to, the correct quantity and weight. All costs, liabilities, and damages resulting from this are exclusively the responsibility of the Customer, who may seek recovery.
Article 6 - Reservations, Expiration, and Prescription
6.1 If the Customer or the recipient accepts the goods without verifying their condition in the presence of Lenaers Express, or without notifying Lenaers Express in writing of visible losses or damage at the time of delivery, or if the losses or damage are not visible, within seven days of delivery (excluding public holidays), the goods are irrevocably deemed to have been accepted in the condition in which they were presented by the Customer or sender.
6.2 Any liability claim against Lenaers Express must be substantiated and submitted in writing within 14 days following the delivery of the goods or the dispatch of the goods, under penalty of forfeiture.
6.3 Lenaers Express' liability regarding the dispatch of the goods automatically extinguishes when the Customer receives the documents concerning a particular transaction in the context of the services, without having made a substantiated liability claim or reservation with respect to Lenaers Express no later than the 10th day after the dispatch of these documents.
6.4 Subject to any mandatory legal provisions to the contrary, any liability claim against Lenaers Express due to the dispatch of goods is subject to a statute of limitations, which expires if the claim is not filed within 9 months before the competent court. The statute of limitations begins on the day following the day the goods were delivered or should have been delivered, or, if not, from the day the event giving rise to the claim occurred.
6.5 The Customer waives the possibility of making non-contractual liability claims against drivers, employees, executing agents, or other auxiliaries (excluding subcontractors) of Lenaers Express with respect to the execution of our contractual obligations. This waiver benefits third parties under Article 5:107 of the Belgian Civil Code.
Article 7 - Invalidity
The invalidity of any of the provisions of these Conditions does not affect the validity of the other provisions, which remain fully applicable. The Parties agree to cooperate in good faith to draft new provisions to replace the invalid provisions.
Article 8 - Applicable Law and Competent Court
Belgian law applies to the entire relationship between Lenaers Express and the Customer, in all its aspects and for all its operations.
For all disputes of any kind between Lenaers Express and the Customer, the courts of Antwerp, Hasselt division, shall have exclusive jurisdiction. However, this jurisdiction is not exclusive (1) when mandatory legal provisions apply that invalidate exclusive jurisdiction clauses, or (2) when Lenaers Express must file for indemnification against the Customer.
Article 9 - Loading, Unloading, Stowing
8.1 Stowing, loading, and unloading is carried out, unless otherwise agreed in writing, by and at the Customer’s responsibility.
8.2 The Customer guarantees that the primary packaging of the goods is sufficiently robust to be loaded, secured, or stowed in a vehicle in accordance with the ‘European Guidelines for Best Practices on Securing Cargo for Road Transport,’ prepared under the auspices of the European Commission.
8.3 Lenaers Express crane trucks have an “open” bed. A tarpaulin can be provided, which only protects against driving rain. Waterproof packaging is the responsibility of the Customer and the parties acting on their behalf.
8.4 Unless requested in advance, pallets are not exchanged.
8.5 The loading and unloading areas must be accessible and navigable for transport. Delivery is made at the threshold or dock of the buildings unless another place has been agreed.
Article 10 - Guarantees
Without prejudice to the statutory security rights it may invoke, Lenaers Express has a lien and retention right on all goods in its possession for any reason, as well as on documents or titles representing goods handed over to or on behalf of the Customer, or to be handed over to the Customer. Lenaers Express is entitled to sell these goods to settle all outstanding debts owed by the Customer, even if these debts relate to other matters or services not related to the goods, up to a maximum of 5,000,000 EUR. All costs of storage, transport, salvage, and maintenance of the goods incurred during the period of exercise of the lien and/or retention right are the responsibility of the Customer and are covered by the lien.
Article 11 - General
Anything not covered by the Agreement is governed by the "General Belgian Forwarding Conditions 2005" (Published in the Belgian Official Gazette on June 24, 2005, under number 0090237), which can be consulted at https://febetra.be/wp-content/uploads/2023/01/Voorwaarden-transporteurs-EN.pdf, and a copy will be sent upon request.
