Preliminary note :
ADM as used in these conditions denotes the group ADAMS. This group is composed of
SPRL TRANS ADM, Meyerode 132 at B-4770 Amel (CR Eupen No 59194) and
SARL TRANSPALUX, Route de Stavelot 124 at L-9991 Weiswampach (CR Clervaux No. B 2281 / company number = 1991240727999
)
Theses conditions are further supplemented with special conditions, in which the working method of ADM is explained in detail. These special conditions are sent to every new contractor upon request. Theses special conditions remain applicable throughout the ensuing commercial relation between parties. Should the customer wish to receive an extra copy of the special conditions, one will be sent to him at his first request.
1) The present conditions govern all professional relations between ADM and its contractors, irrespective of whether these contractors are merchants, manufactures or private persons. Unless explicitly stipulated otherwise, these conditions take precedence over any conditions of contractors. The conditions are to be interpreted according to the different capacities in which ADM may act in the performance of its services.
2) Pursuant to the law of 26 June 1967 ADM acts as forwarding agent whenever it organises the handling, storage, transport and subsequent distribution of goods and/or looks after the administrative formalities for the import an export of goods and does so in its own name but by order and on behalf of the customer. If, within the framework of the organisation of an “exceptional transport”, ADM submits applications for the necessary permits, it also acts by order and on behalf of the customer. As such, ADM enters into a commitment of means as opposed to a commitment that is to guarantee a certain result. ADM shall therefore only be liable for the mistakes or the acts of neglect committed by itself or its subordinates, with the exclusion of acts committed by third parties.
3) The compensation for the loss or damage arising out of its mistakes or acts of neglect for which it may be held liable, shall, in its capacity as forwarding agent, be limited to maximum 2.478,93 Euro per order with which it has been entrusted. Only in the event of proven wilful misconduct on the part of ADM shall the latter compensate any proven damage without limitation.
4) ADM acts as carrier once it has undertaken to perform the carriage itself. In this case the CMR provisions invariably apply, irrespective of whether international or national road transport or heavy, exceptional transport are involved. The sender and the consignee are at all times responsible for the loading and the stowage of the goods as well as for their unloading. Even if the driver is present at the loading and even if he assists with the loading, stowage or unloading, he shall act exclusively under the authority, the management and the supervision of the sender and/or the consignee respectively.
5) ADM acts as keeper and handler of goods if, before or after a carriage, it is charged to take care of the cargo. The provisions of the Civil code related to storage for reward will then be applicable. The compensation for the loss or damage arising out of is mistakes or acts of negligence for which it may be held liable shall be limited to maximum 2.478,93 Euro per lot of goods with which it was entrusted as part of one and the same order. Only in the event of proven wilful misconduct on the part of ADM shall the latter compensate any proven damage without limitation.
6) The services provided by ADM are compensated as follows:
- Parties determine beforehand, by means of a quotation, the price that applies to a given order. The prices of ADM remain unchanged for two months as from the date of the agreement reached between parties. Any additional works that are necessary to be able to carry out the order are presumed having been ordered and accepted by the customer at the same price conditions set forth in the offer. Unless otherwise provided for in the offer, the prices apply to carriages that are carried out during the normal working week. For work carried out on Saturdays, Sundays and public holidays a supplement may be invoiced when performing the transport order.
- Once the order has been confirmed after receipt of the quotation, subsequent cancellation of the order a fixed compensation invariably applies, 20% of the agreed contract price becomes payable by the customer. This compensation compensates the loss of profit which ADM coud expect to make on this order. In addition, the customer is required to fully refund all the expenses already incurred, or still to be expected in respect of orders already placed, after presentation of the necessary proof by ADM
- The invoices are always payable in cash unless otherwise agreed in writing between parties. In the event of late payment interests amounting to 12% per year automatically start to run from the due date. If a notice of default has remained without effect, an additional fixed compensation of 10% of the amount due, with a minimum of 24,79 Euro, will be invoiced.
7) The Courts of Verviers and Eupen are solely competent for settling any disputes arising out of the interpretation of these conditions. These conditions are governed exclusively by Belgian law.