Unless agreed otherwise in writing, these general conditions apply to all offers, transport assignments and other agreements with Wetron Transport & Logistics B.V.
The definitions of the CMR Convention (latest version) are applicable, even when the place of taking over the goods and the place of delivery of the goods are located in the same country. Furthermore, Dutch Law is applicable.
3. ORDER EXECUTION
Wetron is entitled to use alternatives and/or another subsidiary and/or affiliates and/or to engage third parties if this is necessary for the proper and timely implementation of the given orders. The client is obliged to cooperate fully to Wetron to assure a proper fulfillment of the obligations towards the client.
4. ACCEPTANCE OF ORDERS
A transport order, or any amendments thereto, are accepted only after the data is received electronically or in written and mutually agreed. Basically Wetron accepts all types of goods except precious metals, precious stones, jewels, money, coins, art, securities, weapons, ammunition, radioactive substances or drugs. Perishable goods or goods for which temperature has to be maintained during transport, can only be accepted after consultation. During loading the vehicle, the shipper must take the legal provisions into account of the countries of loading, transit and unloading. This in relation to the maximum permissible weight, axle weight and weight distribution on the trailer. The shipper as well as the recipient must be able to load or unload the goods.
5. OPERATIONAL PROGRESS
Operational agreements will be established in a separate working agreement / protocol. Both parties strive continuously to reduce or improve administrative procedures and activities (reports, status reports, meetings, etc.). Extension of this work may be a reason to charge additional costs.
6. PALLET EXCHANGE
Pallet exchange takes place only under CMR conditions. The CMR has the burden of proving whether the pallets have been exchanged or not. Pallets will be exchanged only and explicitly if previously confirmed in written by the client and agreed by Wetron. Wetron reserves the right to return non exchanged pallets at another time. For pallet exchange a fee will be charged.
7. ORDER REGISTRATION
Orders must be submitted no later than 14:00 on the day before collection. For orders which will be submitted later, a longer lead time should be taken into account. Only with a correct, completed order in written, Wetron will be able to ensure optimal service and implementation.
The client or exporter is the declarant of the goods. The client is responsible and liable for the content and accuracy of the declaration of goods. The client is also responsible to ensure that the legally required documents accompany the goods during transport.
It's the clients responibilty to insure the goods to be transported. During transport the goods are insured under CMR conditions (maximum liability of a carrier is SDR 8.33 per kilo). Wetron can not be held responsible for any consequential damages. If required, we can take out a supplementary transport insurance for which an extra fee will be charged.
10. PACKAGING AND MARKING
Offered goods should be packed, stowed and secured in such a way that they can be transported and handled without any additional risks. All pallets and (packaging-) units must be provided with clear information about the product, the full address of as well the sender and the recipient and any symbols to
11. DANGEROUS GOODS / ADR
If the client offers dangerous goods for transport, they must comply with the legal requirements. The client is responsible for the correct labeling, approved packaging, the necessary transport documents and the statement of the sender. Dangerous goods must be solidly packed and fixed onto pallets to assure they can be stowed and transported in accordance with the statutory rules and regulations. ADR goods must always be offered palletised. Pallets with ADR can not be stacked during transport. If the consignment involves a hazardous substance, the UN number, the packing code and the generic name of the product must be mentioned in the transport order. If hazardous goods have to be transported, an extra fee will be charged.
The loading and unloading addresses provided by the client must be accessible with an international truck. If this is not possible, it should be stated explicitly in the transport order. In this case extra charges may occur.
13. LEAD TIMES
Exept for majeure situations, consignments will always be delivered in accordance with the agreed lead time (seperately for FTL and LTL) schedules. The agreed lead times are maximum periods. If different terms are necessary for certain consignments, they must first be agreed with our customer care department. Furthermore extra costs may occur. If trucks, due to a different lead time, should stand over abroad over the weekend, an extra fee will be charged. This also applies to deliveries on Saturdays and/or Sundays and/or (bank)holidays. The following cases must be considered as force majeure situations: Strikes, sudden sickness, severe weather, natural disasters, war, measures taken by the government, terrorist acts, driving bans, control by government agencies. Limited, reasonable delays give no right to compensation.
14. BILL OF LADING / PODs
All bills of lading and CMRs are automatically archived by Wetron. Due to the high administrative costs, the CMRs are not attached to the invoices. If the client requests Wetron to send a proof of delivery, a rate of € 3.50 per POD will be charged. In case of transport damage, the signed waybill will be provided without such costs. The failure to provide signed waybills, for whatever reason, will not lead to delay, postponement or the non-compliance of our claims . The Client is never entitled to suspend or settle payment obligations towards Wetron.
Rates are excluding fuel surcharge, unless otherwise agreed. Rates do not include any costs associated with customs formalities, pallet exchange, ADR goods and/or shipments for which a tail lift and/or pallet truck for loading and unloading is needed. Quotations are in Euro (€) and valid until 14 days after delivery, unless otherwise stated in the offer confirmation. and bind Wetron only when the placed order is confirmed in writing by Wetron. Wetron is entitled to adjust the agreed rates, provided there is: * Strong changes in the Swiss transit costs. * Major alterations to the route costs such as tolls, ferry- and/or train costs. * Strong changes in market conditions. * Strong changes in the wage- and/or fuelcosts.
16. BILLING / PAYMENT / COMPLAINTS
Invoices are payable within 30 calendar days after the invoice date. Wetron does not accept (unilateral) stipulated terms of payment by the client, unless expressly confirmed in writing by her. Complaints concerning the provided services must be reported in writing within 5 days after execution. If the client has not disputed motivated the invoice within 14 days of receipt of the invoice, the invoice is considered as undisputed by Wetron. Any delay in payment shall automatically give rise to the collection of a negligence interest at the statutory rate for commercial transactions, and to passing on the judicial and extrajudicial costs incurred by Wetron in order to meet the client to its payment obligation.
17. FUEL SURCHARGE
Rates are based on cost levels and fuel prices (www.oliecentrale.nl) per 01-01-2015. An average increase, on one euro cent per liter, provides an increase in the rate by 0.3%. Calculation of average diesel on monthly basis. Fuel surcharge can never be negative.
18. CONVERSION FACTORS
For measuring the goods, the following conversion factors are being used: 1 loading meter 1.850 kgs. 1 m3 333 kgs. 1 euro pallet (120x80 cm.) 740 kgs. 1 blokpallet (120x100 cm) 925 kgs. If the weights deviate from the above mentioned calculation models, the highest paying weight is determinant.
19. LOADING AND UNLOADING TIMES / DEMURRAGE COSTS
The following loading and unloading times include the specified rates: When loading or unloading a less then trailer load (LTL), the maximum time of (un)loading is one hour. When loading or unloading a full trailer load(FTL), the maximum time of (un)loading is two hours. Exceeding these times, a fee of € 45, - per hour or part thereof will be charged.
20. TAIL LIFT SURCHARGE
If shipments must be delivered by using a tail lift and/or pallet truck, the client must always mention this on every transport order. For shipments for which a tail lift is needed a surcharge will be invoiced.
Rates are based on standard deliveries on the day, according to time schedules with the most logical and optimal routes to be planned. Supplying at specific times cause extra costs.
22. LIABILITY / DAMAGES
The liability of Wetron for total- or partial loss or damage to the goods and for delay in delivery is regulated by the Convention on the Contract for the International Carriage of Goods by Road (CMR convention). Claims towards Wetron which are based outside of the CMR Convention will be limited to the amount of the invoice corresponding to that assignment, excluding VAT.
23. CANCELLATION COSTS
Scheduled c.q. booked cargo space will always be paid off. This means that if less space is loaded than initially specified and reserved, the reserved space is always calculated. Cancellations of orders to be executed by Wetron must be done at least 24 hours in advance. If loads are canceled later, Wetron reserves the right to charge 70% of the freight costs. If canceled at the moment that the truck is already on the loading point, this is 100%.
24. INTERMODAL TRANSPORT
Events relating to the performance of rail transport outside the influence of Wetron, can lead to longer transit times. Alternatively, possibly other routes may offer a solution against competitive rates and lead times. Wetron can never be held responsible for delays deriving from train performance.
The prices quoted and agreements made by us have to be treated confidentialy.
26. RETENTION / RIGHT OF LIEN RETENTION
Wetron has against any person who demands a delivery of it, a lien on goods and documents it has in its possession related to the contract. This right does not come to her if at the time she received the goods, she had reason to doubt the right of the sender to make the goods available. Wetron can also exercise the right of lien towards the client for which it is payable in connection with previous contracts. RIGHT OF LIEN: All the goods, documents and monies which Wetron holds in possession in connection with the agreed activities, serve as pawn for all claims which it has against the sender. Except in cases where the client is in a state of bankruptcy, has been granted a suspension of payments or in respect of him the debt rescheduling arrangement for natural persons has been declared, Wetron has the right to sell the pawn without permission of the court pursuant to article 3: 248 paragraph 2 BW
27. DUTY TO INVESTIGATE
The obligation of Wetron is limited to the accuracy of the entry in the consignment note as to the number of loaded packages, their names and their numbers and visible defects which clearly come to light in an external examination of the goods or their packaging. Moreover, Wetron can not be held liable for the goods or their condition. If the loading of the goods is done by a third party or by the customer itself, and Wetron can not perform external examination of the goods or their packaging, Wetron can not be held liable for any damage to the goods, unless it is proved by the client that the damage was caused by the transport itself.
28. NULLITY OF A CLAUSE
The nullity of a clause of this agreement does not mean that all mentioned Terms and Conditions herein must be set aside.
29. DISPUTES / APPLICABLE LAW
The relationship between Wetron and its client and/or contracting party is governed by Dutch law. All disputes between parties shall be settled exclusively by the competent court in Limburg, The Netherlands.