Terms and conditions
Art. 1. Application
Present general terms and conditions are applicable to every order with the PLC KARIM EXPORT. They have priority over the conditions of the client, except when these last conditions are explicitly accepted by the PLC KARIM EXPORT in writing.
Art. 2. Order for transport of a vehicle
An order for transport of a vehicle is realized by the signing of an order form or by handing over the original grey card and the sale – invoice, drawn up in a proper manner, to the PLC KARIM EXPORT. The client, physical person or legal person, who asks to draw up the transport invoice in the name of a third party and/or applies for the transport in name of a third party, stays solidarily responsible for payment of the transport. Except in case of a written request, explicitly accepted by the PLC KARIM EXPORT, it is impossible for the client to change the name of the addressee.
Art. 3. Cancellation of an order for transport of a vehicle
In case of cancellation of an order for transport of a vehicle by the client, the following sums are legally due to the PLC KARIM EXPORT: 100,00 EUR administration fees; 150,00 EUR return costs of the port in case the vehicle is stationed on the quay; 5,00 EUR a day parking fees. In absence of payment of the cancellation costs within 30 days following the cancellation of the contract, the client permits the PLC KARIM EXPORT to sell the vehicle that is the object of the transport in order to cover the cancellation costs.
The tariffs that are being applied by the PLC KARIM EXPORT differ in function of the requested transport and are expressed in Euro on the moment of the order. On any time, the PLC KARIM EXPORT reserves the right to change the tariffs in function of the evolution of the petrol prices and the rate of the American dollar. All supplementary costs linked to a fault or a negligence committed by the client (like damaged vehicles, the costs linked to vehicles that have not been reported, the costs linked to a violation of environmental laws, the costs linked to the measures that are not in accordance with the measures of the terminal and possible fines) will be charged to the client.
Art. 5. Terms and data concerning the transport
The name of the ship as well as the terms of embarkation and disembarkation of the goods, are only mentioned in an indicative way. Excess of the terms will not bind the PLC KARIM EXPORT and can’t result in the payment of a delay indemnity.
Art. 6. Payment
Art. 6.1. : Principles
Except in case of a contrary written agreement and in case of collect deliveries, the orders booked with the PLC KARIM EXPORT have to be paid in cash. Every order or every invoice that isn’t paid on the expiry date, will produce legally and without a proof of default, a conventional interest of 1% per month delay, starting from the expiry date and will be legally increased by 15 % with a minimum of 50 EUR compensation indemnity, further augmented with the possible legal costs. Furthermore, in the absence of reception of payment within 5 days following the order of the transport or following the invoice, the PLC KARIM EXPORT holds the right to consider the transport as cancelled by the client under the conditions as mentioned in article 2. In case the PLC KARIM EXPORT decides not to use her right to consider the transport as cancelled, and in case the transport stays unpaid after more than 30 days after disembarkation of the ship, the client allows the PLC KARIM EXPORT to keep the possible advance and to sell the goods in order to cover the costs of the maritime freight and the possible supplementary costs as foreseen in article 4, this without any possibility of recoupment.
Art.6.2. : Collect
Every transport has to be paid within 30 days after the disembarkation of the ship on its destination. In the absence of payment, the client allows the PLC KARIM EXPORT to sell the goods in order to cover the costs of the maritime freight and the possible supplementary costs as foreseen in article 4, this without any possibility of recoupment.
Art. 7. Responsibility
The goods are being transported on the risk and danger of the client, even if the expedition is free on destination. The PLC KARIM EXPORT therefore renounces to all responsibility, this for herself and her subcontractors, for all damage (loss, accidents, degradations, average, vandalism,…) that could occur after the embarkation and during the transport. The client has the possibility, if he wishes, to get insurance. The tariffs of this insurance can be communicated to the client by the PLC KARIM EXPORT. Furthermore the PLC KARIM EXPORT renounces to all responsibility for the refusal to embark vehicle that are not conform the environmental legislation.
Art. 8. Bill of Lading
The PLC KARIM EXPORT holds every right to suspend the restoration of the Bill of Lading until the transport has been paid and possible supplementary cost as foreseen in article 4 have been paid. Furthermore, the PLC KARIM EXPORT holds the right to mention different vehicles on the same Bill of Lading.
Art. 9. Applicable law and competence
Every dispute, regarding any matter, even in case of litispendance or coherence, will be brought in front of the tribunals and courts of the legal district of Brussels, who will apply Belgian law