Allgemeine Geschäftsbedingungen

General Provisions

The GT&Cs apply to transport contracts concluded between BELFREY LOGISTICS BV, hereinafter referred to as the ordering party, and the entrepreneur indicated in the order performing commercial road transport of goods, hereinafter referred to as the carrier.

Acceptance of the Order

• By accepting the order, the carrier accepts the conclusion of a transport contract under the conditions specified in the content of the transport order and the general terms and conditions.
• The order is sent via e-mail from the e-mail address of the leading forwarder.
• Acceptance of the order must be confirmed within 30 minutes of receipt with a legible signature and company stamp, and a scan must be sent to the e-mail address of the leading forwarder.
• Any written confirmation (e.g. by e-mail) is also acceptable.
• When accepting an order for execution, the Carrier declares that it has the required permits and licenses necessary to execute the contract for the carriage of goods indicated in the order in accordance with applicable law.
• It is prohibited to transfer this order to a subcontractor for execution without the written consent of the ordering party.
• In the event of any discrepancies between the data contained in the order and the data in the transport document, the carrier is obliged to explain the discrepancies in writing to the ordering party.
• The freight stated in the order includes, in the event of other arrangements, all costs related to the performance of the transport contract by the carrier.

Insurance

• The carrier is obliged to have a valid OCP insurance in international road transport if the order concerns international transport with a guaranteed sum of not less than EUR 300,000 extended to cover the risk of theft and robbery of goods.
• The carrier is obliged to have valid OCP insurance in domestic road transport if the order concerns domestic transport with a guaranteed sum of not less than EUR 300,000 extended to cover the risk of theft and robbery of goods.
• The carrier is also obliged to have valid OCP insurance for cabotage transport, if applicable, with a guaranteed sum of not less than EUR 500,000, extended to cover the risk of theft and robbery of goods.
• OCP insurance cannot contain an exclusion from protection of the goods covered by the contract or the country from/to which the goods will be transported.
• In the case of a transport order in international road transport with a declaration of the value of the goods (Article 24 of the CMR) or a special interest in delivery (Article 26 of the CMR), the carrier is obliged to have appropriate insurance cover.

Legal Basis

The provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Transport Law Act and the Civil Code apply to the execution of a transport order.

Carrier's Obligations

• The carrier is required to timely provide a technically efficient transport vehicle suitable for the goods specified in the order for loading.
• The carrier is required to check, upon accepting the shipment for transport, the data from the waybill regarding the number of pieces or weight of the goods, their characteristics, and numbers, as well as the visible condition of the goods and packaging.
• The carrier is responsible for ensuring the correct placement of the load in the vehicle and its proper securing.
• The carrier is obligated to secure the goods against theft and robbery.
• The reloading and additional loading of goods without the prior written consent of the ordering party is strictly prohibited.

• Leaving the vehicle outside a guarded parking lot is prohibited.
• In case of any difficulties in executing the order, the carrier is required to immediately contact the ordering party.
• In case of loading issues, the carrier cannot leave the loading site without the consent of the ordering party.
• It is prohibited to accept any instructions by telephone or change the delivery location without the consent of the ordering party.
• Upon delivery of the goods, the carrier is required to ensure that the unloading date, stamp, and a legible signature of the recipient are entered in the waybill.

Downtime

• The carrier is not entitled to additional compensation for waiting time for loading up to 24 hours and unloading up to 24 hours counted after the agreed loading or unloading deadline.
• In the case of CIS countries, the free loading/unloading time is 48 hours.
• Saturdays, Sundays, and public holidays are not included in the waiting time.
• The ordering party must be informed of any delay or downtime no later than within 2 hours from the scheduled loading or unloading time.
• Downtime must be confirmed with a stamp and a legible signature of the person confirming the downtime in the Downtime Card.
• The compensation for downtime, considering the above conditions, is 100 EUR.

Load Cancellation: The ordering party reserves the right to cancel the load no later than before the vehicle is positioned for loading without any penalties from the contractor. Cancellation of the load after the vehicle has been positioned for loading entitles the contractor to claim compensation of 100.00 EUR for international transport and 50.00 EUR for domestic and/or cabotage transport.

Claims Process: All compensation or damage claims must be submitted only after the delivery of the goods and sent exclusively to: [email protected]

Contractual Penalties

Claims

• In case of a claim related to the execution of the transport agreement, the carrier agrees to withhold the freight payment until the claim process is completed.
• Upon receiving information about a claim, the carrier must report the damage to the insurer and notify the ordering party in writing of the claim number.
• The carrier is obligated to actively participate in proceedings aimed at clarifying the circumstances and extent of the damage.

Exclusivity Clause – Non-Compete

The carrier agrees not to engage in direct or indirect cooperation with the direct client of the ordering party for 24 months from the date of order execution.

Payments

• The invoice must be issued in the order currency as the net amount.
• The invoice must be issued in the month of service completion.
• Invoices must always include the service completion date and order number.
• The invoice and transport documents must be sent in PDF format to: [email protected]
• A correctly issued and delivered invoice will be paid within the term specified in the order.
• For invoices received more than 14 days after the unloading date, the payment term is 90 days.
• We reserve the right to request original documents for up to 10 years after order completion.

Other Provisions

In matters not regulated herein, the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR), the Transport Law Act, and the Civil Code shall apply.

The competent court for both parties is the court with jurisdiction over the seat of the ordering party.