General terms and conditions
These general terms and conditions of sale and invoice (the “GTCS”) apply to (all services of) VM Logistics BV, with registered office at 2321 Hoogstraten, Madridstraat 3, RPM Antwerp (Section Turnhout), VAT BE 0475.594.166 (“VM Logistics”) as well as of its legal successors, in particular logistic services (from handling to transport), storage and related services (including shredding, pressing, molding and packing) and in the context of the cooperation with customers of VM Logistics (the "Customer(s)") (the “Services”). These Conditions supersede any and all prior oral and written communications of the parties in respect of all Services provided by VM Logistics and shall apply in preference to and supersede any and all terms and conditions submitted by Customer at any time. All orders or requests for Services submitted by Customer to VM Logistics will be deemed to be an offer by the Customer to purchase Services pursuant to the GTCS and each such order will be treated as an individual and legally binding contract entered into between VM Logistics and any Customer in respect of the Customer’s purchase of Services. Equally the acceptance by Customer of any Services from VM Logistics, shall constitute an unqualified acceptance by Customer of these GTCS. VM Logistics shall be entitled to update/amend the GTCS and by, and as of the moment of notifying Customer of such update/amendment, or by sending the updated or amended GTCS to Customer, or by posting them on www.vmlogistics.be, these revised GTCS shall apply to all dealings between VM Logistics and Customer, following such notice, sending or posting. If one of the provisions or part of a provision of these GTCS is declared invalid or inapplicable, the remaining provisions shall continue to apply. The provision whose enforceability is compromised will automatically be replaced by a legally enforceable provision, in accordance with the intent of the parties.
For all matters not governed by these GTCS, the ‘General Logistic Conditions (“GLC”) of BELOTRA/Logistics Cell of FEBETRA and the Royal Federation of Managers of Flows of Goods, registered with the Clerk of the Company Court (Antwerp, October9th, 2015) will apply (https://febetra.be/wp-content/uploads/2014/07/Conditions_for_Provision_of_Logistic_Services_20151.pdf (febetra.be)). In case of any contradiction between the GLC and these GTCS, these GTCS will prevail.
Customer is responsible to deliver an Annex VII for waste material, when needed for the incoming goods, and for the accuracy of information therein. This information must be in VM Logistic's possession sufficiently in advance for VM Logistics to be able to perform the order as requested. VM Logistics shall accept no responsibility related to the absence or incorrectness of information provided, in particular in Annex VII. Every information, in particular personal data, provided should be done with respect to the applicable legislation, in particular the GDPR. Likewise, VM Logistics will process and store the personal data in a proper, careful and transparent manner, according to the Customer's instructions and with respect to the applicable legislation, in particular the GDPR.
Every Customer order or instruction should be communicated in writing to VM Logistics before 14.00h of the business day before the Service should take place. Information on goods needs to be specified. If orders are received with less upfront notice extra charges may be applied.
VM Logistics reserves the right not to accept orders or to withdraw from any assignment, order or agreement immediately if the characteristics of the goods deviate from the agreed assumptions, or if the safety, in particular of its employees, can no longer be guaranteed. In that case, all additional costs are invoiced towards Customer. In no case, Customer can send and/or let store any dangerous or harmful good, in particular as classified by GHS or ADR.
Standard working hours are between 07h30 and 16h00h. Transporters may sign in from 07.30h until 15h00. Loads that require sign in after 15h.00 will be charged additionally, based on overtime surplus tariffs. Services that are performed past 16h00 upon Customer’s request, are charged additionally. In case no specific agreement is made regarding overtime tariffs, a 50% surcharge rate is added to applicable rates.
Goods that are stored more than one (1) year will be charged at 25% surcharge, added to applicable storage rates, from day one after such year.
Any offer for Services made by VM Logistics is valid for two weeks. If agreed by Customer within two weeks, the agreement is valid for one year. Any request for Services is seen as acceptance of rates and conditions. Rates for Services not included within this agreement can be obtained upon request. All rates are in Euro (€) and exclusive of VAT.
Invoices are considered accepted withing eight (8) days of receival. Electronic invoices shall be considered to have been received on the date of sending. Complaints concerning the invoice are only admissible if they are communicated within that eight (8) days term and by a motivated email to willem@vmlogistics.be, or by registered letter to the registered office of VM Logistics. If no objection is submitted within the
aforementioned period, the invoice shall be considered to have been accepted irrevocably and without reservation. Protests made after the aforementioned term shall not be admissible.
Invoices are due within thirty days from date of invoice, without any financial or other discount, into the account number of VM Logistics stated on the invoice. In case of delays in payment, a 12% interest will be charged automatically, starting from the due date of invoice, ipso jure and without requiring notice of default . In case of non-payment after 3 months, VM Logistics reserves the right to sell the goods stored by Customer. In this case, the proceeds of the sale will be set off against the outstanding amount.
All rates are automatically indexed on January 1st. Index is calculated based on the Health index as published on Gezondheidsindex | Statbel (fgov.be). The new rates shall be immediately applicable and will never be lower than the previous rates.
VM Logistics is entitled to increase the rates of its Services still to be delivered if the cost price determining factors have been subject to an increase. These factors include but are not limited to: energy, services obtained by VM Logistics from third parties, wages, salaries, social security contributions, governmental charges, freight costs and insurance premiums. VM Logistics shall notify Customer of such increase.
The liability of VM Logistics is governed in accordance with art. 4 GLC. Tolerated loss ratio as mentioned by art. 4.9 GLC is set at 2% of total handled yearly volume. This % does not include loss of weight due to loss of weight related to water, for which tolerated loss is not limited. Limitations as described under article 4.4 GLC are set at 2.000€ (two thousand) per occurrence or series of occurrences with one single cause and €5.000 (five thousand) annually.
Customer is liable for all damage and costs caused by himself and persons working on his behalf and/or designated by him, and/or by the goods that are the subject of the Services, and he will indemnify, defend and hold harmless VM Logistics from and against any and all claims, losses, damages, lawsuits etc. in this regard.
Customer agrees all goods have cleared customs upon arrival, as VM Logistics is not a T1 or bonded Facility. Any additional costs in failure of this agreement will be charged back to Customer with a 20% administrative fee.
Customer is required to sufficiently and adequately insure its goods, in particular while under the care of VM Logistics and at least against fire, lightning, explosion, and fall of aircraft (FLEXA), including a waiver of recourse by the Customer and its insurer against VM Logistics. VM logistics shall insure its buildings against FLEXA. In case the goods are damaged by FLEXA, the goods will be removed by Customer at Customer’s sole expense. Customer will also be required to pay all other costs whatsoever arising from it, such as the costs of cleaning or remediation of the site..
Any dispute regarding these GTCS, an invoice or the Services rendered by VM Logistics is subject to the exclusive of the courts and tribunals of Antwerp (Section Antwerp) and is governed by Belgian law.
