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APPLICATION

Every transport contract with Wogetra, national or international, is governed by the CMR Convention and by these conditions. Deviating conditions of the sender or the consignee do not apply unless Wogetra has expressly accepted them in writing. The sender warrants that the consignee is aware of and accepts these conditions.

LOADING, UNLOADING AND WEIGHT

Unless agreed otherwise in writing, loading and unloading are carried out by the sender and the consignee respectively. If the driver performs these operations at their request, this is done under their supervision and responsibility. Stowage is carried out by Wogetra on the basis of the sender’s instructions. If the vehicle or the stowage proves unsuitable because of incorrect or incomplete information, or if the packaging is not strong enough to allow proper load securing, the costs and damage are borne by the sender.

Delivery takes place at the threshold or at the quay unless another place has been agreed. Moving the vehicle on the premises of the sender or the consignee is done on their instructions and under their responsibility; Wogetra may object where local conditions endanger the vehicle or the load.

Except where the sender has expressly asked for the gross weight to be checked within the meaning of Article 8(3) CMR, the sender remains responsible for any overloading, including per axle, and bears the costs, the immobilisation damage and any fines arising from it.

INSTRUCTIONS

Wogetra’s staff may not accept any instruction or declaration binding Wogetra beyond the limits of the CMR Convention: the value of the goods (Art. 23 and 25), the delivery period (Art. 19), cash on delivery (Art. 21), a declared value (Art. 24) or a special interest in delivery (Art. 26), and instructions regarding dangerous goods (ADR) or goods subject to special regulations.

STORAGE

Where Wogetra stores goods, no liability is accepted for theft with break-in or violence, fire, explosion, lightning, aircraft impact, water damage, inherent defect of the goods or their packaging, hidden defects and force majeure. Liability amounts to a maximum of 8.33 special drawing rights per kilogram of lost or damaged goods, with an absolute maximum of EUR 25,000 per event. Indirect damage, economic loss and consequential damage are excluded.

WAITING TIMES

Unless agreed otherwise, Wogetra covers one hour of loading and one hour of unloading. Beyond that, the additional immobilisation time is compensated, as are other waiting times exceeding the usual duration.

LIABILITY

Wogetra is liable for damage to the goods carried only in accordance with the CMR Convention. For damage to other goods in the care of the sender, the loader or the consignee, Wogetra is liable only for its own fault or negligence and, save in the event of intent, limited to 8.33 special drawing rights per gross kilogram of the load carried.

INVOICING, PAYMENT AND RETENTION

The principal pays the freight price, even where it asks for it to be collected from the consignee. In the event of cancellation within 24 hours before departure, the full trip price remains due. An additional charge may apply for pallet exchange. Set-off between the freight price and any claims against Wogetra is not permitted.

Invoices are payable on the due date and without discount. If payment is not made on the due date, interest accrues by operation of law and without notice of default in accordance with the Belgian Act of 2 August 2002 on late payment in commercial transactions, increased by a fixed compensation of at least 10% of the outstanding amount. If one invoice remains unpaid, all other invoices become immediately due. Wogetra may exercise a right of pledge and retention over all goods it carries, stores or holds, to cover all amounts owed.

FINAL PROVISIONS

Without prejudice to Article 31(1) CMR, the courts of Wogetra’s registered office have jurisdiction. Belgian law applies. If any provision of these conditions is inapplicable, the remaining provisions continue to apply.