General terms and conditions of sales
1. By handing over the goods for shipment to Jetcar nv, the principal / the party (consignor, addressee) acknowledges the current general terms and conditions of sales and of transport.
2. Every activity within the scope of the transport contract, including the occasional storage before, during or after the execution of it, is subject to the general terms and conditions, except in otherwise provided terms with written permission of Jetcar nv.
3. All of our transports are only submitted to the CMR-treaty (Convention that applies to every contract for the (inter)national carriage of goods in vehicles by road for reward, valid from the 19th of May 1956, published in the Belgian Bulletin of Acts and Decrees the 8th of November 1962), the law of the third of May 1999 concerning the carriage of goods by road (published in the Belgian Bulletin of Acts and Decrees the 30th of June 1999) except if it has been differently and clearly otherwise stated in the general terms and conditions subsequently described or if there is a written contract signed by both parties that deviates from those general terms and conditions or if otherwise stated in mandatory legislation.
4. The liability, for both the nature and the extent of the entire transport, of Jetcar nv as transporter of goods, is restricted to the contractual and mandatory rules of the CMR-treaty, with the exception of the subsequently mentioned deviations.
5. Jetcar nv is only legally responsible for damage caused to third party, to the extent that the damage is covered by our civil liability insurance policy. The terms and conditions of this policy can be presented to the customer by written demand via firstname.lastname@example.org. Jetcar nv will decline any damages to a third party for which it has no warranty described in its insurance policy.
6. A delay can only result into damage restitution, if this has been clearly stated in writing and has been agreed upon by both parties, and only if the principal informs Jetcar nv by notice of default and by recorded delivery within four days after the delivery.
7. Complaints concerning a delivery must be sent to Jetcar nv by recorded delivery and within four days after the delivery.
8. The principal is entirely responsible for the correct packaging and labeling of the addressee on every collo/package.
9. Jetcar nv retains every right to judge a package on the quality of the packaging and the content. Packages with suspicious content as well as packages with dangerous content can be declined by Jetcar nv for transport without any possibility to seek damage restitution for the principal. The risks connected to the content of the packages are chargeable to the principal.
10. Jetcar nv retains every right to decline the transport of dangerous, inflammable, explosive, radio-active, deteriorating and odor-dispensing goods. The same right to decline transport is subjected to the transport of jewels, watches, shares, coupons, all special documents with monetary value, goods that are illegal to transport and can cause harm to people, animals and other or goods that need special precautions in compliance with the national and international legislation.
11. Jetcar nv retains the right to decline or reject any goods at any time, as long as Jetcar nv can provide a thoroughly motivated reason for this decision.
12. All circumstances beyond one’s control are at risk of the principal and release Jetcar nv from any liability or responsibility. Circumstances beyond one’s control: traffic jams, accidents, strikes, fires,…
13. Jetcar nv can only be liable for the entire and/or partial damage and/or loss of goods, which has been generated the moment that Jetcar nv has been given the goods until the goods are completely delivered, and to the degree that Jetcar nv is responsible for the fault.
14. When the goods are received by the addressee, any and all claim, concerning the transport, by the principal against Jetcar nv expires, unless these claims are specifically written in detail during the transition of the goods to the addressee.
15. Unless stated otherwise in detailed and specific instructions, Jetcar nv is always free in choosing its itinerary, choosing its manner of execution of transport and choosing its vehicle type.
16. Jetcar nv has the possibility to fully or partially complete the transport contract with its own services or with the intervention of agents or subcontractors. All liability, including contractual or non-contractual, even in the case of severe or deliberate fault, is limited to the net asset value of the transported goods, explicitly the net asset value of the goods in which they were accepted by Jetcar nv for transport. The possible compensation cannot exceed more than the 8.33 SDR for every missing kilogram (in gross weight), as determined in article 23,3° of the CMR-treaty.
17. Jetcar nv is not liable for potential loss of earning or prudential loss or any other indirect costs due to damages to the principal or the addressee.
18. The principal must safeguard on any grounds Jetcar nv of any claims by third parties (including the addressee) on the goods that are to be transported.
19. If the goods are declined by the addressee on any grounds whatsoever and it becomes impossible to deliver the goods as requested, Jetcar nv has the right to take the goods into custody, at the expense and at risk of the principal.
20. Jetcar nv pledges itself to a resource commitment.
21. If a transport request is cancelled within 48 hours before pick-up, the principal will be invoiced 50% of the total transport cost. If a transport request is cancelled by the principal during pick-up, the principal will be invoiced 75% of the total transport cost. If the transport is cancelled by the principal during the transport, the transport cost will be charged in full and with the possibility of extra charges for the extra working hours, kilometers (mileage) and other transport related costs.
22.Your personal information can be catalogued in our database and can be used for the following purposes: execution of transport agreement, customer database, invoicing administration, prevention of default of payment, complaints- and request administration, improvement of the quality of our services, IT-security, the creation of your customer profile, quality research, informative campaigns, the offering and promotion of our services, the reporting to governments and regulators. You have the right to submit a protest free of charge about the following purposes: quality research and the offering and promotion of our services.
23. Your personal information can be passed to governmental institutions, other subcontractors and entities that are bound to us directly and indirectly by contract, for purposes mentioned in article 22.
24. You have the right to control, inspect and correct your personal information. You can request an update by sending a request letter (accompanied by a copy of your ID-card) to Jetcar nv, Spieveldstraat 24, 9160 Lokeren, or by filling in the contract form on our website. You have the right to submit your protest through these two channels.
26. Claims relating to invoicing must be sent by recorded delivery within eight days after reception date of the invoice and must be clearly motivated.
27. All payments must be made to our registered office or to a bank account belonging to Jetcar nv and this within thirty days after the invoicing date. Not under any circumstances will the principal be justified to lay claim on the debt owed to Jetcar nv.
28. If the invoice is not paid by the due date, the principal will be charge dan interest of 8% every month (exponentially month-by-month) without prior notice.
29. In addition to the surcharge mentioned in article 28, the non-payment of an invoice shall lead to a surcharge of a nonnegotiable flat-rate of 10% of the amount due, starting at a minimum of 165 euro.
30. If the principal does not fulfill its obligations, specifically concerning the non-payment of its invoice(s) on the due date for whatever reason, Jetcar nv has the right to cancel any and all transport orders, request the immediate payment of the completed transport orders and has the right to break the contract as per direct, without any consequences.
At the same time, Jetcar nv has the right to exercise the ‘retention right’ on the principals’ goods that are in the custody of Jetcar nv.
The different claims Jetcar nv has against the principal, even if the claims are related to goods that are not in the principal ‘s ownership any longer, form one main claim to which Jetcar nv can exercise his rights on.
Jetcar nv will hold the principal in contempt, and has the right to exercise the ‘retention right’ on the goods that are in Jetcar NV’s possession until the complete amount of the debt is paid.
The goods, owned by the principal, that are in Jetcar NV’s possession, may be used as collateral to guarantee the payment of the debt owed by the principal. If the principal can give a valid reason for the late payment of the debt, the principal has the possibility to substitute the goods that are being kept as collateral.
31. Only the courts that are part of the judicial district of Ghent, Belgium, more specifically the section Dendermonde, are authorized in case of any disputes. This unless there has been a written consent stating otherwise.
MEDIATON SERVICES CONCERNING COMPLAINTS POSTALSECTOR
32. If a consumer is malcontent concerning our services, or the result(s) thereof, The consumer can file a complaint freely of charge at the mediation services for the post sector, that was created by law on the 21st of March 1991.
Ombudsdienst voor de postsector (OMPS)
Koningstraat 97 bus 15 – 1000 Brussel – Fax 02 221 02 44