Chapter 1: Definitions
1.1. Jacobs Transport: Jacobs A. Transport nv with registered office at 3600 Genk, Zuiderring 28,
registered in the register of legal entities at Antwerp, department Tongeren under number
1.2. Client: The natural or legal person who requests the services of Jacobs Transport. Jacobs Transport
may, as its Client, – held in its own name – consider any person which has entrusted it with an
assignment, unless such person has explicitly stated that it is acting as a representative, agent,
mandatary, in the name of and on behalf of a third party and on condition that such person provided
Jacobs Transport with the name, address and other relevant information of such third party, principal,
legal entity or representative at the same time as the assignment.
1.3. Consignee: The person to whom Jacobs Transport is to deliver the goods.
1.4. Force Majeure: All circumstances over which Jacobs Transport has or should have no control and
which realistically make it practically impossible for it to perform its obligations.
1.5. Working days: all calendar days except Saturdays, Sundays and all legally recognised public
holidays in Belgium.
Chapter 2: Scope of Application
These General Terms and Conditions apply to all professional relations between Jacobs Transport and
the Client, insofar as they are not contrary to mandatory law and public order. The inapplicability of
one or more provisions of these Terms and Conditions shall not affect the applicability of the other
provisions. The parties will immediately take the necessary steps to replace the provision in question
with a valid one that approximates the original intention of the parties.
The General Terms and Conditions of the Client are expressly excluded.
The application of these General Terms and Conditions is accepted by the Client by the mere fact of
accepting an offer from Jacobs Transport.
Deviations from the General Terms and Conditions must be expressly accepted in writing by both
parties. However, Jacobs Transport reserves the right to amend these General Terms and Conditions.
All amendments shall become effective after the expiry of one month from the date of notification
thereof by Jacobs Transport. The Client is deemed to accept these amendments in the absence of a
reaction within the aforementioned term. If the Client does not accept the amended General Terms
and Conditions, they may terminate the agreement within the aforementioned term, without
observing any notice period and without being entitled to compensation.
In so far as not provided for in these General Terms and Conditions, the orders are subject to the
provisions of international conventions and mandatory legislation such as, but not limited to, the
Belgian freight forwarders standard trading conditions, the CMR Convention,….
Jacobs Transport reserves the right to demand strict compliance with the provisions of these General
Terms and Conditions. Failure to demand strict compliance or to invoke certain articles does not
constitute a waiver of rights.
Chapter 3: Transport and Related Activities
All transport orders must be submitted in writing and are only final after written confirmation by
The Client guarantees that the information provided is complete, accurate and correct. Transport
orders therefore contain all necessary information such as the nature of the goods, weight,
dimensions, ADR data, pick-up and delivery dates, pick-up and delivery locations and, if necessary, any
further information. The Client must provide this information to Jacobs Transport no later than 12 pm
on the working day prior to the desired loading date. Jacobs Transport shall accept this information,
instructions and documents in good faith. It is not Jacobs Transport’s duty to verify this information.
The Client warrants that, where applicable, all goods are accompanied by the required permits,
documentation and registrations. Jacobs Transport will not accept goods or shipments whose
transportation, transfer, storage or any other action is prohibited by any law or regulation.
Customs services are always carried out at the expense and risk of the customer. The Client is
responsible for providing all necessary customs formalities.
Jacobs Transport determines the manner in which a transport assignment is to be carried out based
on the instructions and information provided by the Client. If the vehicle used by Jacobs Transport or
the stowage used turns out to be unsuitable because the Client provided incorrect or incomplete
information, the costs and damages arising from this shall be borne in full by the Client.
All transport assignments are considered to be transports of goods without specific safety, transport
and/or temperature requirements and for which the use of specific vehicles is not necessary, unless
explicitly requested by the Client from Jacobs Transport in advance.
Delivery times are indicative. All commitments by Jacobs Transport are best efforts commitments
unless i) this qualification would be incompatible with the nature of the relevant commitment or ii) it
has been explicitly agreed otherwise or iii) otherwise required by law.
The Client is responsible for packing the goods sufficiently, efficiently and according to the nature of
the goods in such a way that they can withstand transport under normal conditions and cannot form
a danger and/or cause damage to the employees of Jacobs Transport and/or third parties.
The Client guarantees that the packaging of the goods is in accordance with the provisions of the
‘European Best Practices Guidelines on Cargo Securing for Road Transport’.
If goods need to be delivered earlier than the term specified by Jacobs Transport, the delivery shall be
regarded as an urgent delivery and an additional charge shall be made. The surcharge depends on the
time and possibilities.
Jacobs Transport is not responsible for the loading and unloading of the goods and therefore cannot
be held liable for any damage to the goods as a result of loading or unloading. If the driver is to carry
out loading and/or unloading, this shall be done under the explicit supervision, control and
responsibility of the Client and/or Consignee.
If the driver is not allowed to be present during loading and/or unloading, Jacobs Transport does not
accept any liability for the quantity or quality of the loaded/unloaded goods.
Jacobs Transport assumes the liability for risk for the goods when the waybill note is signed by the
driver and this liability ends when the goods are delivered at the time of first receipt at the address of
the Consignee. If no representative of the Consignee is present or if the terrain is not accessible or
passable, Jacobs Transport is entitled to unload the goods at the first gate, without the need for the
signed waybill. In this event, the Client shall bear the risk relating to the goods.
Chapter 4: Storage and Related Activities
If storage is required, the Client shall provide all information regarding the goods with the request for
storage. This information shall include the number, nature, specifications and qualification of the
goods with regard to storage and other applicable regulations.
The goods must be made available to Jacobs Transport in a timely manner at the agreed place, time
and manner, whereby the goods are sufficiently and efficiently packed according to their nature so
that they are suitable for the intended storage and required handling under normal circumstances, as
well as do not pose a danger to Jacobs Transport’s employees and/or cause damage and/or danger to
third parties or the goods of third parties.
Jacobs Transport is not liable for damage to and loss of goods insofar as such damage/loss is the result
of the special risks associated with storage in the open air, on the instructions of the Client.
Upon arrival of the goods at Jacobs Transport’s warehouse, Jacobs Transport will inspect the goods for
visible damage and compare the quantities with the data on the CMR waybill. Jacobs Transport may
stipulate reservations on the CMR waybill or pass comments to the Client.
Chapter 5: Liability
The Client is liable for all damages and costs caused by i) itself and persons working on its behalf and/or
appointed by it, and/or ii) by the goods that are the subject of the agreement between the parties.
Jacobs Transport is not liable for any damage other than to the goods itself. Thus, Jacobs Transport’s
liability is excluded for all indirect, immaterial or consequential losses such as, but not limited to, loss
of income, loss of business opportunities or anticipated benefits, damage to reputation, etc.
Jacobs Transport is not liable in the event of theft by force and/or break-in, fire, explosion, lightning
and other cases of Force Majeure.
The Client and/or Consignee must inform Jacobs Transport in writing of any visible damage or loss at
the latest upon unloading and must also enter a reservation to this effect on the CMR waybill. Nonvisible loss or damage must be reported to Jacobs Transport in writing within seven (7) calendar days
following unloading and must state the specific nature of the damage or loss. A claim for compensation
must be submitted to Jacobs Transport within sixty (60) days following unloading.
With regard to storage and related activities, Jacobs Transport shall only be liable for visible damage
or loss of goods that is the direct and exclusive result of an error by Jacobs Transport. If so, the Client
must notify Jacobs Transport in writing of the damage and/or loss no later than seven (7) calendar days
after it was discovered. A claim for compensation must be submitted to Jacobs Transport within sixty
(60) days following unloading.
Jacobs Transport shall only be liable for stock differences if, after an annual stock settlement, a
difference remains greater than 0.5% of the total annual volume of goods handled, with positive and
negative stock differences being settled, and this only to the extent that the amount exceeds 0.5% of
the actual production costs of the lost or damaged goods. Inventory differences are compensated at
the cost price of the lost goods.
Jacobs Transport’s liability for damaged and/or lost goods is always limited to their purchase or
production cost and at all times limited to 8.33 Special Drawing Rights (STR) per kilogram of lost or
damaged goods with an absolute maximum of twenty-five thousand Euro (€ 25,000) per event or series
of events with one and the same cause of damage and one hundred thousand Euro (€ 100,000) per
year. However, Jacobs Transport shall not intervene if the damage amounts to less than five hundred
Euro (€ 500).
Jacobs Transport does not accept any form of product liability. The Client is responsible for the
composition and insurance of the goods.
Chapter 6: Rates and Terms of Payment
All rates are in Euro (€) and exclusive of VAT. They are based on the legal and regulatory provisions in
force at the time, market conditions and normal transit times.
Rates include toll charges unless otherwise stated in the quotation.
The currency risk shall be borne by the Client.
Rates do not include charges for customs, import duties, additional insurance, extra loading/unloading
space, surcharge for ADR goods, pallet exchange and/or return of materials.
Jacobs Transport will charge a surcharge for loading and unloading outside of Working Days or on
Working Days between 6 pm and 6 am.
Furthermore, Jacobs Transport is always entitled to charge a surcharge in case of unforeseen costs,
additional work, waiting hours or other exceptional circumstances. Jacobs Transport will determine
any such surcharge in good faith.
Full load rates include two hours for loading and two hours for unloading. Rates for partial loads include
one hour for loading and one hour for unloading. After the hours included, Jacobs Transport shall
charge the Client the costs arising from these additional immobilisation times at forty-five Euro (€ 50)
per hour pro rata. This hourly rate is indexable annually on 1 January.
All rates are based on the assumption that the transport will commence within 24 hours of loading.
Failing this, Jacobs Transport is entitled to compensation for the immobilisation times of the vehicle
and/or the trailer. This compensation amounts to forty Euro (€ 50) per load and per started calendar
day. This compensation is indexable annually on 1 January.
Provided that the first order is placed within two months after the quotation is issued, the rates in the
quotation are valid until the end of the calendar year in which the first order was placed.
Invoices are payable within 30 days of the invoice date.
Late payments shall, by operation of law and without notice of default being required, give rise to
– an interest compensation, payable per day of delay at a rate of 10% on an annual basis,
– a conventional indemnity, the amount of which is fixed at 10% of the unpaid amounts with
a minimum of EUR 250.00. Possible legal costs are not included.
For each reminder or notice of default sent, an additional fixed amount of fifteen Euro (€ 15) shall be
Payments received shall first be applied to interest and damages due, then to the principal amount of
the oldest due invoice.
The non-payment on the due date of a single invoice renders the balance due of all the other invoices,
including those not yet payable, immediately payable ipso jure. The same applies in the event of full
or partial non-payment of the aforementioned default interest and damages.
Any disputing of invoices must be formulated with grounds to Jacobs Transport by registered letter
within 15 days of the invoice date. If Jacobs Transport does not receive a protest (in a timely manner),
it will be assumed that the Client accepts the invoice.
Jacobs Transport is entitled to charge 50% of the rate if the Client cancels the order after 2 pm on the
day before loading. Jacobs Transport is entitled to charge 75% of the rate if the Client cancels the order
on the day of loading. Jacobs Transport is entitled to charge 100% of the rate if the Client cancels the
order when the driver is already on their way to the loading place.
Disputes, damage or loss can never give rise to partial or no payment. The Client waives any form of
settlement with regard to unpaid balances.
Jacobs Transport may, if desired, exercise its right of retention in respect of the transported and/or
Chapter 7: Personal Data – Privacy
The manner in which personal data is acquired by Jacobs Transport and in which it is processed, stored
and secured in the context of carrying out the assignments, visiting the website and any other activity
carried out by Jacobs Transport involving the processing of personal data can be found in the Website
& Privacy Disclaimer (available at www.jacobstransport.be).
Chapter 8: Applicable Law – Competent Courts
The interpretation and execution of the agreement between the parties is governed by Belgian law.
Every dispute of any kind falls within the competence of the courts of the judicial district of Limburg,
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