Terms Of Service
Art 1: Transport completed by Sitex or subcontractors is under the CMR convention of Geneva, May 19th 1956 (supported by Belgian law September 4th 1962) and by the CMR convention of Geneva, July 5th 1978 and additionally by the terms of service stated below:
Art 2: The consignor is held responsible for:
- Completing and signing the consignment Sitex or CMR with complete and exact details of the shipment.
- Damage due to insufficient packaging, including other goods and staff of the transport company.
- Incomplete or invalid address on goods
- Goods subjected to exceptional transport.
- Additional cost(s) resulting from incorrect transportation information.
Art 3: Unless stated otherwise in writing:
- Consignor is responsible for loading
- The addressee is responsible for unloading
- The carrier, wherever necessary, is responsible for stowing the goods.
Transport staff is not allowed to participate in loading and unloading operations that occur beyond the loading dock of the designated loading areas. If personnel participates against this interdiction, their interference is alien to the transport agreement and they will operate under the responsibility of the consignor or the addressee.
Art 4: In case of late delivery or delivery outside of the agreed terms, the responsibility of the carrier is limited to the restitution of the transport price; expiry date of the complaint is 30 days after shipment.
Art 5: Insurance: All goods transported by Sitex or its subcontractors are insured according to the terms of the CMR-insurance. In case of damage, annihilation or loss of goods, the liability of the carrier is limited to these standards (circa 12,5 € per kg gross transported).
All large risks are to be insured by the consignors insurance company of choice. With regard to the goods received, only the reservations indicated and signed by the recipient on the waybill will be considered; terms of damage notice: 48 hours after delivery, notice of loss: 30 days upon delivery.
Art 6: Cancelling and delaying transport: Cancelling transport will be charged additionally according to vehicle type and planned terms, before the scheduled start of the transport. This surcharge will compensate the costs made and/or the loss of income due to cancellation. The additional charge for:
- Vehicles type A and B: kilometers travelled and additional waiting times, minimally the basic fare for these types of vehicles.
- Vehicles type C, D en E: Cancelling less than 2 hours before the scheduled start of the transport entails charging the total transport amount. Cancelling less than 4 hours before the scheduled start: 50% of the total transport costs. This arrangement compensates for the loss of income.
- Vehicles type K and T: cancelling less than 4 hours for the scheduled start of the transport will involve charging the total transport amount. This arrangement compensates for the loss of income.
A delay of the transport less than 1 hour before the scheduled start will be considered as a wait.
Art 7: Standard invoicing procedure for Sitex and its subcontractors is grouped per two weeks. Net amounts less than 25 € will include an administrative surcharge of 5€.
Art 8: Unless indicated otherwise, all payments need to be received within 30 days after the invoice date on bank account number 733-0100609-50. When negotiated, payment can be postponed 60 days after the invoice date, with an additional interest of 2% on the total amount.
Complaints should reach us by a registered letter, eight days after the invoice date. Failing to meet the required terms of payment will result into an additional interest of 15% per year, without a formal shortcoming. Every month started counts as a new month. Failure to pay invoices, moreover, on the expiry date will result into a compulsory surcharge of minimal 62 euro per invoice and maximum 496 euro per invoice as a compensation for our costs. Late payment of invoices can be partially or entirely covered with money received, checks, a.o. The costs of collecting are paid by the client.
These terms of service overrule all claims of our clients and our commissioners, even if the standard conditions of the commissioners involve claims similar to this one and even when our invoices are contested.
In case of disagreement, only the courts of Antwerp have jurisdiction.