General Conditions
General Contract Conditions 2XL NV 1. The present conditions are applicable to all contractual relations that have been entered into directly or indirectly by or on behalf of 2XL NV. 2. 2XL NV binds itself, with regard to the transport of goods loaded in containers, exlusively as a shipping agent in the sense of art.1 of the Law of 26 June 1967 relating to the legal status af intermediaries in the field of transport of goods (Belgian Bulleting of Acts, Orders and Decrees of 27 September 1967): it undertakes to carry out, in its own name and against payment, transport of containers, of have this transport carried out entirely of partially by third parties. Its liability in this respect is subject to the stipulations of the CMR Convention, even in case of national transport. Parties expressly agree that when the containers, containing the goods, are unloaded from the trailer, the conditions prescribed by law or agreed between parties for the carriage of goods by that means of transport (carriage by sea, rail, inland waterways, air or on a terminal) will apply in their legal relationship. If the drivers of 2XL NV are requested by the shipper of by the consignee to proceed to loading or unloading operations, it must be understood that the drivers carry out these operations under the exclusive supervision and control of the shipper or of the consignee. 2XL NV assumes no responsibility whatsoever for possible damage to the goods caused during by or during the loading or unloading activities.3. If 2XL NV proceeds to the handling of the goods it has been entrusted with (loading, unloading, receiving, delivering, sorting, measuring, weighing, counting, sampling, packing, surveillance, storage or keeping), at the expense and risk of its customer, it is only responsible for the damage that is the direct consequence of a concrete mistake that is proved to have been committed by its employees. As a handler of goods, 2XL NV is only bound by an obligation of means. In the absence of a written statement of value by the customer with regard to the goods to be handled, at the latest at the moment on which the order is given, the liability of 2XL NV is limited to 25 EUR per package, on the understanding that the total liability per container will not exceed 620 EUR. 2XL NV will not assume any liability for loss of or damage to goods for which it did not receive any instructions from the customer with regard to the delivery, within 72 hours after the unloading of the sea-going vessel. 4. 2XL NV has the securities referred to in section 20.7°of the law of mortgages, in section 60 of the Law of 5 may 1936 on river chartering and in section 125 of the Maritime Law. 2XL NV has the richt to refuse to deliver the cargo before its customer, after having been summoned to do so, will have fulfilled all his obligations, regardless of whether these obligations relate to merchandise in the possession or in the care of 2XL NV or to merchandise in between 2XL NV and its customer that all services rendered, both those with regard to the transport and those with regard to the handling of the goods, will constitute one whole and that all goods entrusted to 2XL NV by the customer will serve as a security for payment. Of the debts towards 2XL NV. 6. The waiting period per cargo exceeding 2 hours during the loading or unloading and exceeding 1 hour during the coupling will be charged by 2XL NV to the customer, who accepts to pay them at the hourly rate of 40 EUR, unless otherwise agreed in writing. Proof of the waiting periods will be provided by means of the bill of loading signed by the shipper or by the consignee. For containers, waiting periods at the shipper’s or the consignee’s premises, on quay or at the of a third party agreed on by the customer and 2XL NV will be charged, from the seventh day onwards, at a rate of 40 EUR per day, unless explicitly agreed otherwise between the parties. If due to a customs control of the goods, costs are created, they will be charged entirely to the customer. 7. The invoices are payable at Brugge at the latest on the due date mentioned on the invoice, without discount and without possibility of setoff. In case of non-payment on the due date, interests on overdue payment at a rate of 12 per cent per annum on all unpaid amounts will be due automatically, without prior notice of default, as well as a fixed compensation for damage at a rate of 15 per cent of the unpaid amount, with a minimum of 125 EUR and with a maximun of 2500 EUR. Notwithstanding any other provision to the contrary, all invoices raised with respect to transports effected in France are payable withing 30 days of invoice date. 8. Unless esplicitly agreed otherwise, the present agreement is subject to the stipulations of Belgian Law. All disputes relating to the interpretation and the execution of the present agreement fall within exclusive jurisdiction of the Courts of Bruges.