GENERAL CONDITIONS OF TRANSPORT
1. SCOPE OF APPLICATION – AGREEMENT OF PROOF By giving his order, the co-contractor accepts that the current general conditions of transport are binding between the parties and prevail over any other conflicting clauses. Anything written elsewhere, incl. conditions of purchase and conditions of sale by the co-contractor, as well as oral engagements or statements, are not binding in respect of SITRA and have no evidentiary value relative to the latter.
2. TENDERS The prices, delivery periods and capacity of transportation mentioned in SITRA’s tenders (the amount of cargo’s as well as the tonnage) purely concern information free of engagement and are not binding in respect of SITRA. The co-contractor cannot refer to price adjustments, exceeding of delivery periods or non-compliance of the capacity of transportation to breach contracts, to claim compensation or to decline to pay price adjustments. A.o., SITRA will be allowed to adjust her prices in case of devaluation of currency.
3. INVOICES Each invoice of SITRA is presumed to have been received within three days after the invoice date and shall be deemed to have been accepted if the co-contractor has not protested within eight days after the invoice date. On pain of forfeiting the right to do so, this protest must be made by registered letter or telex. Accepting the invoice implies the co-contractor has relinquished all his rights to protest against any claim with regard to the invoiced transportation.
4. PAYMENT Co-contractors are obliged to transfer payment within 14 days after the invoice date on SITRA’s main office. In the case invoices remain unpaid for more than 14 days, the co-contractor shall have to, without any prior proof of default, pay penalty interest at the legal rate of interest, increased with 4 percent, as well as lump sum compensation of 10 percent of the invoice sum. In this case, SITRA will also have the right to demand immediate payment of all other, not yet expired invoices, as well as the right to suspend all not yet executed orders until full payment, without the co-contractor having any right to claim compensation from SITRA. The issuance of bills of exchange or promissory notes doesn’t cause novation. Payment has to be executed via bank transfer. Cheques are not accepted. If Co-contractors pay by cheque anyway, an extra charge of EUR 10 will be added.
5. BREACH OF CONTRACT In case the co-contractor partially or entirely terminates an agreed, but not yet or not yet fully executed transport order, he shall pay compensation to SITRA because of loss of profit due to 20 percent of the agreed or planned forecasted price of transportation, without SITRA having to prove the existence or the amount of damage. If managed to prove a larger amount of damage, SITRA shall be able to demand a higher compensation if need be. In case of SITRA partially or entirely terminating an agreed, but not yet or not yet fully executed transport order, the co-contractor can only demand compensation if he proves the amount of his damage, but subject to art. 6 of current conditions and a sum amounting to maximum 10 percent of the agreed or planned price of transportation, even if the co-contractor would prove that his actual damage would be bigger.
6. LIMITATION OF LIABILITY OF SITRA It is expressly agreed that SITRA is not liable for damage, if this damage is caused or partially caused by: - Revolt, blockades, strikes within or outside SITRA, shortage of fuel, fire, explosion, flooding, abnormal delay during transportation, bad weather conditions, wrongful acts by third party or subordinates of SITRA. All these circumstances are equated with force majeure in respect of SITRA, however not in respect of the co-contractor. - Bad stowage, loading or unloading. These operations are always supposed to have been executed by or for account of the co-contractor and under his exclusive responsibility. - Gross error or intentional act by appointees of SITRA. In case of damage by or because of transportation, the compensation due to SITRA is limited to the value of the transported goods at the place and time of their receipt, with a maximum of 2500 EURO per cargo or bulk goods or unpackaged goods, or 250 EURO per package. No other damages, nor for loss of profits or damage to equipment or processing of the transported goods during the production process, a.o., is owed.
7. CHOICE OF JURISDICTION CLAUSE For all disputes, the competent courts are these for the place of SITRA’s main office, in any case, next to the courts appointed in the CMR convention. The issuance of bills of exchange or promissory notes does not affect this. However, SITRA is allowed to summon his co-contractor before the court of his corporate address, if preferred by SITRA