General transport conditions
The rules that apply to every XPCG transport assignment
This page is a translation of the Dutch version. In the event of any discrepancy, the Dutch version prevails.
1. SCOPE
These conditions apply to every quotation and assignment of XPCG, Industriepark-Drongen 15d, 9031 Ghent, Belgium, [enter the company number and VAT number], [enter the road transport licence number], info@xpcg.be, +32 470 81 01 13. By commissioning transport, the client accepts these conditions. Your own purchasing conditions do not apply without written agreement. This text is intended for professional clients. [have the provisions concerning consumers reviewed by a lawyer]
2. REQUEST, QUOTATION AND CONFIRMATION
A request via the form, by e-mail or by phone is not yet a contract. Quotations are non-binding and are valid [determine the validity period of the quotation]. The contract comes into being as soon as XPCG confirms or begins performance, electronically in accordance with Book XII of the Belgian Code of Economic Law.
3. OBLIGATIONS OF THE CLIENT
You provide in good time the correct loading and unloading addresses, contact persons, number of packages, weight, dimensions, nature of the goods and the necessary documents, and package the shipment so that it withstands normal road transport and transhipment. The loading and unloading location is safely accessible for the agreed vehicle; you arrange access and permits. After the free waiting time, waiting charges apply: [determine the free waiting time and waiting charge]. Costs caused by incorrect information, poor packaging or an inaccessible address are payable by you.
4. XPCG AND THE USE OF CARRIERS
XPCG carries out transport using its own drivers from its depots in Drongen, Laarne and Evergem and follows the applicable road transport rules. XPCG may have assignments carried out by established carrier partners from its network and remains your point of contact. If XPCG only arranges the transport, different liability rules apply. [determine the legal capacity: carrier or freight forwarder]
5. DELIVERY TIMES
Loading and delivery times are estimates; they only bind XPCG after written confirmation of a fixed time window. Except as mandatory law provides, exceeding them gives no right to cancellation or compensation.
6. ABSENT RECIPIENT AND RETURN SHIPMENTS
If the recipient is absent or refuses the shipment, XPCG may make another delivery attempt, deliver to a neighbour or pickup point, or return the shipment to the depot, in accordance with the agreed instructions. [determine the number of delivery attempts] Additional attempts, storage and returns are charged in accordance with [determine the charges for an additional attempt, storage and return].
7. EXCLUDED GOODS
Without written agreement, XPCG does not transport money, precious metals, jewellery, art, live animals, weapons, narcotics, ADR goods or goods that require active cooling. [align the list of exclusions with the insurer] If you nevertheless offer such goods, you bear the risk and XPCG may refuse the transport.
8. LIABILITY AND INSURANCE
International road transport is governed by the CMR Convention, with its own limitations and claims and limitation periods. National transport within Belgium is governed by Belgian transport law. [have the legal framework for domestic transport confirmed by a lawyer] XPCG’s liability remains within those regimes: [confirm the liability limit with the insurer]. Indirect damage, such as loss of profit, is excluded, except in the event of intent or gross negligence. You note visible damage on the consignment note upon delivery; you report other complaints within [confirm the time limit for complaints]. XPCG holds the legally required insurance [confirm the insurance coverage with the broker]; for coverage at actual value you request goods insurance in advance, at your expense.
9. PRICES, INVOICING AND PAYMENT
Prices are in euros and exclusive of VAT; surcharges for fuel, tolls, waiting time, extra stops and urgent or express service are added. Rates may be adjusted in the event of a demonstrable cost increase [have a revision clause drafted]. Invoices are payable within [determine the payment term]; in the event of late payment, [determine the interest rate and penalty clause] apply, within the legislation on late payment in commercial transactions. You report disputes in writing within [determine the time limit for disputing invoices].
10. CANCELLATION AND FORCE MAJEURE
Cancellation is done in writing; shortly before the loading time a fee applies [determine the cancellation fee and applicable time limits]. If the vehicle is already on its way or loaded, the full price of the run remains payable. In the event of force majeure, such as strikes, extreme weather, fire or failure of IT systems, the obligations are suspended; if this lasts longer than [determine the period after which force majeure is considered prolonged], either party may terminate.
11. DATA, APPLICABLE LAW AND DISPUTES
XPCG processes personal data in accordance with the GDPR and the privacy statement on this website. Access to XPCG Flow is personal and may be used only for the assignment. Every assignment is governed by Belgian law, without prejudice to the CMR Convention; disputes go to [determine the competent court]. Last updated on [enter the date of the latest version].