General terms and conditions

For all contracts with Transpico NV

These general terms and conditions apply to all contracts with Transpico NV, Matenstraat 210, 2845 Niel, Belgium, company number BE 0404.801.388.

Article 1 – Application

These general terms and conditions apply to all contracts with Transpico to the exclusion of the customer's general terms and conditions. Deviations are only possible after express and written acceptance by Transpico. Any deviations are always ad hoc and do not apply for the future. These general terms and conditions always take precedence over model terms and conditions of sector organisations such as the Belgian Chamber of Removers (BCR).

Article 2 – Quotations and prices

All prices are expressed in euros and do not include VAT. Only the prices included in the quotation shall apply. Transpico reserves the right to increase the agreed price if, after the order, there has been an increase in one or more price-determining factors (including but not limited to labour costs). This also applies if the work to be performed involves additional efforts and/or costs that could not be reasonably foreseen when the contract was concluded. The price adjustment shall be based on objective measures communicated. Unless otherwise stated, a quotation is valid for 3 months.

Article 3 – Contract and cancellation

Once the quotation is accepted, the contract is final and cannot be reduced or cancelled unilaterally by either Transpico or the customer. Should a party unilaterally renounce or reduce the performance of the contract, it is obliged to compensate the other party for any damage suffered. In all circumstances, this is limited to the contract value.

Article 4 – Delivery and performance terms

Transpico is committed to carry out the works on the agreed dates and within the agreed deadlines, and the customer must allow the works to proceed at the agreed time. In the event of a delay attributable to one party, compensation is only due if the other party proves that it has suffered damage as a result. Compensation for any delay is limited to 20% of the price of the contract with a maximum of EUR 7,500.00.

Article 5 – Working conditions and safety

The customer guarantees Transpico that all spaces are suitable for carrying out the work ordered. He ensures that there are no problems relating to the dimensions, weight and pressure per axle and point of the machines and the vehicles being deployed. The customer is responsible for the safety and accessibility of all areas. This also implies that the customer has provided the necessary parking and permits. He is obliged to inform Transpico fully and accurately of all circumstances that may affect the works. The customer guarantees the provision of all utilities required to complete the order. These spaces and accessories are provided entirely at the risk of the customer who declared the spaces suitable. All consequences of concealment, negligence or mistakes will be borne by the customer. Accordingly, except in cases of fraud, intent or its own fault, Transpico shall not be liable for any possible damage to these spaces and the customer shall indemnify Transpico in case of claims in this respect from third parties. In all circumstances, Article 8 of these general terms and conditions shall apply. Any circumstance causing a delay or an aggravation of Transpico's work shall be compensated by the customer.

Article 6 – Special provisions – special regulations

Except where express agreements have been made about certain specific and well-defined goods, the handling of dangerous goods or objects - which by their nature may cause harm or health risks - are excluded from the contract. If certain goods are subject to special regulations, the customer should inform Transpico. Transpico always has the right to refuse any part of the order covered by special regulations and in each case the customer is responsible for all the necessary administrative formalities and the goods are handled in accordance with the applicable standards at the customer's expense and responsibility.

Article 7 – Acceptance

The customer must be present when the goods are collected and redelivered. Unless the customer immediately formulates a comment in this regard in writing, he accepts that the goods were delivered by Transpico in the condition and quantity as received by them. The customer bears the burden of proof of any complaint. No complaint (for delay, loss, damage…) is admissible if it has not been communicated by registered letter at latest within 7 calendar days after the order has been completed. The postmark serves as proof.

Article 8 – Liability and insurance

8.1. Except in cases of fraud or intentional fault, both Transpico's contractual and extra-contractual liability are limited to the amount covered by the liability insurance taken out by it. Except in cases of fraud or intentional fault, any liability of Transpico for damage to the entrusted goods is also limited to the amount covered by the liability insurance taken out by it. The aforementioned insured limits will be notified by Transpico prior to the start of the cooperative relationship.

8.2. Except in cases of fraud, wilful or gross negligence, Transpico shall in no event be liable for or liable to pay compensation for any intangible, indirect or consequential damages, including loss of profits, loss of turnover and loss of clientele.

8.3. Should the customer require wider coverage, he can opt - either through Transpico at the time of entering into the contract or through its own insurer - to take out an All-Risks insurance. In that case, the customer undertakes to stipulate a waiver of recourse against Transpico in this additional policy.

8.4. Should Transpico assume responsibility for storage and custody of goods, the customer shall have these goods insured against the risks of fire, explosion, water damage and similar risks with waiver of recourse against Transpico.

8.5. The customer waives all contractual and extra-contractual recourse against, and will not be able to address directly, Transpico's employees and directors.

Article 9 – Prescription

All claims for damages are time-barred one year after the order has been completed.

Article 10 – Invoicing and payment

Transpico prepares its invoices according to the progress of its work. These are payable when due at its registered office in Niel. The customer cannot withhold payment either on the basis of set-off or on the basis of a plea of non-performance. The mere expiry of the due date puts the customer in default and gives Transpico the right to suspend further works until full payment is received.

Article 11 – Damages and interest

As soon as the customer is in default as stipulated in the previous article, a compensation of 10% on the outstanding balance, with a minimum of EUR 250.00 as well as the interest in accordance with the law on combating late payment in commercial transactions, shall be due ipso jure and without notice of default.

Article 12 – Applicable law and jurisdiction

Belgian law applies to all legal relations between the parties. Any dispute will be settled by the courts of Antwerp - Antwerp division, with the justice of the peace in Boom being territorially competent.