Terms & Conditions of Sale

1. Object and scope

These general terms and conditions of sale (hereinafter « T&Cs ») govern all transport, delivery, installation and reverse logistics services provided by Auto-Route 61 SRL, with its registered office at Industrieweg 6, 2880 Bornem, registered with the Crossroads Bank for Enterprises under number 0641.688.652 (hereinafter « AR61 » or « the Carrier »).

Any order placed with AR61 implies the customer’s full and unreserved acceptance of these T&Cs, of which the customer acknowledges having taken note. The T&Cs prevail over any of the customer’s purchase or service conditions, save for a contrary written agreement signed by a duly authorised representative of AR61.

2. Definitions

3. Formation of the contract

AR61’s services do not give rise to individual quotations. Rates are negotiated and formalised within the framework of a master contract concluded with partner stores, retailers and e-commerces; for private individuals, the applicable rates are those communicated at the time of order.

The contract is formed upon AR61’s acceptance of the order transmitted by the customer, by any written means (email, proprietary platform, EDI). AR61 reserves the right to refuse any order on legitimate grounds, in particular where the goods fall under the exclusions defined in Article 5.

4. Customer obligations

The customer undertakes to :

• Provide accurate, complete and up-to-date information regarding the goods (nature, weight, dimensions, declared value where applicable) and the place of delivery (address, floor, accessibility, presence of a lift, parking constraints) ;
• Pack and condition the goods so as to withstand normal transport conditions, in accordance with industry practice ;
• Ensure the availability of the recipient and the place of delivery at the agreed time slot ;
• Inform AR61 without delay of any specific feature liable to affect the performance of the service (fragile goods, difficult access conditions, specific installation requirements).

Failure to comply with any of these obligations may result in the postponement or cancellation of the service at the customer’s expense, without prejudice to AR61’s right to obtain compensation for the damage suffered.

5. Excluded goods

Save for AR61’s prior written consent, the following goods are excluded from the scope of the services :

• Dangerous substances within the meaning of the European ADR agreement (flammable, explosive, toxic, radioactive, corrosive products) ;
• Perishable, fresh or frozen goods ;
• Live animals ;
• Cash, precious metals, jewellery, precious stones, works of art and any item with a unit value exceeding € 5,000 ;
• Weapons, ammunition and their accessories ;
• Narcotics and regulated substances ;
• Any goods whose possession, transport or marketing is prohibited by Belgian or European law ;
• Goods that are not packaged, or whose packaging is manifestly insufficient to withstand normal transport conditions.

AR61 reserves the right to refuse to handle any goods whose unit weight exceeds 200 kg or whose dimensions exceed the standard capacity of its vehicles, save for prior agreement and invoicing of a specific service.

6. Pricing and invoicing

The applicable rates are those in force on the date of the order, as negotiated with the customer under the master contract or communicated to the private individual at the time of order. All rates are exclusive of VAT, the applicable Belgian VAT being added at the prevailing rate (21 % for transport services in Belgium).

AR61 reserves the right to revise its rates in the event of a significant variation in operating costs (fuel, wages, tolls, taxes), subject to reasonable advance notice given to the customer.

Invoices are issued upon completion of the service or according to the periodicity agreed with the customer. They are sent electronically to the billing address provided by the customer.

7. Payment terms

7.1 Professional customers

For partner stores, retailers, e-commerces and other professionals, invoices are payable by bank transfer at 30 days end of month from the invoice issue date, save for different conditions provided in the master contract signed between the parties.

7.2 Private individuals — payment on delivery

Where the service is ordered directly by a private individual or where the private recipient is designated as the debtor of the service, payment is made at the time of delivery, by Bancontact or in cash, in the amount communicated at the time of order. AR61 invoices the private individual directly and is the sole creditor of the amount due.

Delivery may only take place after effective collection of the payment. AR61 issues a payment receipt and the corresponding invoice.

7.3 Late-payment penalties

In accordance with the Belgian Law of 2 August 2002 on combating late payment in commercial transactions (as amended by the Law of 28 May 2019), any late payment shall give rise, by operation of law and without prior formal notice, to :

• The application of late-payment interest at the prevailing commercial statutory rate (published half-yearly in the Belgian Official Gazette), calculated on the VAT-inclusive amount ;
• A fixed-amount compensation of € 40 for recovery costs, without prejudice to AR61’s right to claim compensation for the additional recovery costs actually incurred (notably legal fees) ;
• The right for AR61 to suspend any ongoing service until full payment of the sums due.

8. Performance of the service

AR61 undertakes to perform the services within the agreed timeframes, subject to traffic conditions, the recipient’s availability and cases of force majeure as defined in Article 12.

In the event of the recipient’s absence at the place of delivery, AR61 shall make up to three (3) delivery attempts. After the third unsuccessful attempt, the goods shall be returned to the sender or stored on AR61’s premises, with the costs of return, storage and re-presentation being borne by the customer.

Delivery is evidenced by the recipient’s electronic or handwritten signature on the delivery note (POD). In the absence of reservations entered on the POD at the time of delivery, the goods shall be deemed to have been delivered in apparent good condition.

9. Carrier liability

AR61’s liability in the event of total or partial loss or damage to the goods is governed by the Belgian Law of 15 July 2013 on the carriage of goods by road for domestic transport, and by the CMR Convention of 19 May 1956 for any international transport.

Pursuant to Article 23 CMR and the corresponding provisions of Belgian law, the compensation owed by AR61 is limited to 8.33 Special Drawing Rights (SDR) per kilogram of missing or damaged goods, save for a value declaration made by the customer and accepted in writing by AR61 prior to performance of the service, subject to additional invoicing.

AR61 shall not be liable for indirect, intangible or consequential damages (loss of business, loss of customers, loss of profits). Its liability shall in no event exceed the amount of the invoiced service for the assignment in question, save in the event of duly established wilful misconduct or gross negligence.

AR61 holds professional civil liability insurance covering its carrier activity, in accordance with the applicable Belgian regulations.

10. Claims and reservations

Any damage, partial loss or apparent discrepancy must be the subject of immediate, precise and reasoned reservations entered by the recipient on the delivery note (POD) at the time of handover of the goods.

For non-apparent losses or damage, the recipient has a period of seven (7) days from delivery, excluding Sundays and public holidays, to send AR61, by registered letter or any other written means giving certain date, a reasoned claim accompanied by supporting evidence (photos, descriptive statement, purchase invoice).

In the absence of reservations in the form and within the timeframes set out above, the goods shall be deemed to have been delivered in good condition and AR61 shall be released from any liability in accordance with Article 30 CMR and the corresponding Belgian provisions.

Claims should be sent to: info@autoroute61.com. AR61 undertakes to acknowledge receipt of any claim within 4 working hours and to provide a reasoned response within a reasonable timeframe.

11. Cancellation and rescheduling

Any request for cancellation or rescheduling of a service by the customer must be notified to AR61 in writing (email).

• Notice ≥ 24 working hours before the scheduled time slot: no charge ;
• Notice < 24 working hours or same-day: invoicing of a fixed-amount compensation equal to 50 % of the price of the service, in respect of the organisational costs incurred (route planning, mobilisation of the team and the vehicle) ;
• Cancellation after collection of the goods: invoicing of 100 % of the service, increased where applicable by return and storage costs.

12. Force majeure

AR61 cannot be held liable for any delay or non-performance resulting from a case of force majeure or from unforeseeable circumstances beyond its control, including, without this list being exhaustive: exceptional weather conditions, road accidents, road blockades, strikes, social conflicts, public order disturbances, government measures, health crises, electricity or computer network failure.

In such an event, AR61 shall promptly inform the customer and shall, to the extent possible, propose a new performance date.

13. Subcontracting

AR61 reserves the right, in accordance with Article 3 of the CMR Convention, to entrust all or part of the performance of the services to carefully selected subcontractors meeting the same quality, insurance and regulatory compliance requirements.

AR61 remains fully liable to the customer for the proper performance of the services by its subcontractors, as if the services had been performed by its own employees.

14. Confidentiality and personal data

The parties undertake to preserve the confidentiality of the information they exchange in the course of the performance of the services.

The processing of personal data collected in the context of the services (recipient data, customer contact details, tracking data) is governed by AR61’s Privacy Policy, in accordance with Regulation (EU) 2016/679 (GDPR) and the Belgian Law of 30 July 2018.

15. Applicable law and jurisdiction

These T&Cs and any service performed by AR61 are governed exclusively by Belgian law, to the exclusion of any conflict of laws rule.

In the event of a dispute concerning the interpretation, performance or termination of these T&Cs, and failing amicable resolution within a period of thirty (30) days from the first written notification, the courts of the judicial district of Antwerp, Antwerp Division shall have exclusive jurisdiction, in accordance with Article 624 of the Belgian Judicial Code.

Should any provision of these T&Cs be declared null or inapplicable, such nullity shall not affect the validity of the other provisions, which shall retain their full effect.