GENERAL TERMS AND CONDITIONS FOR CARRIAGE
These general carriage terms and conditions (the Conditions) are applicable to all offers and agreements between ChainCargo and the Carrier.
1.1. In these Terms and Conditions, the following terms have the meaning stated after them:
Agreement: an agreement entered into by ChainCargo and the Carrier, including any Appendices thereto, with regard to the Transport, of which these Conditions are a part;
AVC: the most recent version of the General Transport Conditions 2002, published by Stichting Vervoersadres;
Application: the mobile application of ChainCargo through which the Carrier can update its availability for Transport and a specific Transport can be tracked;
Article: an article of these Conditions;
Transport: the transport of Goods by road, performed by the Carrier for the Shipper;
Carrier: the carrier who transports the Goods for the Shipper by road on the basis of the Agreement and/or Transport Order;
ChainCargo: the private company with limited liability under Dutch law ChainCargo BV, established in Eindhoven and registered in the trade register of the Chamber of Commerce under number 72617217, the contractual counterparty of the Carrier and which applies these Conditions;
CMR: Convention concerning the Contract for the International Carriage of Goods by Road (CMR) (Geneva1956), as supplemented by the Protocol 1978;
Conditions: these conditions for carriers of ChainCargo;
Civil Code: the Civil Code;
Delivery: the delivery by the Carrier of the Goods to the Recipient;
Delivery Point: the place of Delivery;
Freight Transport Services: the services that ChainCargo provides to the Shipper, whereby it engages the Carrier to have the Goods transported to the Delivery Point of the Goods as indicated in the Transport Order;
Goods/Goods: the Goods that are or will be made available to the Carrier by or on behalf of the Shipper, in the context of the performance of the Agreement;
Collection Point: the place where the Goods are collected by the Carrier for the Transport as stated in the Transport Order;
Collection Time: the date and time on which the Goods are collected for the Carriage as stated in the Carriage Order;
Platform: ChainCargo's platform through which the Carrier can manage its active Transport Orders and fleet;
Recipient: the person who is entitled to the Delivery;
Shipper: any natural or legal person who issues a freight transport order to ChainCargo to provide freight transport services and who concludes a freight transport agreement with ChainCargo for that purpose;
Transport Order: the electronic transport order issued by ChainCargo to the Carrier for the Transport and containing the required information for the Carrier, such as the Collection Point, the Delivery Point, the Collection Time and the Delivery Date, as well as any other relevant information;
Website: www.chaincargo.eu and all other websites operated by ChainCargo.
2.1. These Terms and Conditions apply to all offers, agreements, legal and factual acts with regard to the Transport and the use of the Platform and the Application, insofar as they are not subject to mandatory law. These Terms and Conditions apply to the legal relationship between ChainCargo and the Carrier during and after the Agreement and/or the use of the Platform and the Application.
2.2. No other general terms and conditions apply, unless ChainCargo has expressly agreed in writing to the applicability of those other terms and conditions. The applicability of the Carrier's terms and conditions is hereby expressly rejected, even if the Carrier has previously referred to those terms and conditions.
2.3. ChainCargo reserves the right to unilaterally change the Terms from time to time. These amended Terms and Conditions apply from the moment ChainCargo has published the amended Terms and Conditions on the Website. The Carrier should regularly check the Website to see if the Conditions have changed and the Carrier understands and declares that the continued use of the Platform and the Application, or the performance of the Carriage after such change or amendment, is acceptance of the changed or amended Conditions by the Carrier.
2.4. To the extent that any provision of these Terms is void or otherwise unenforceable, this shall not affect the validity of the other provisions of these Terms. Furthermore, a (legally permitted) stipulation is deemed to apply that comes as close as possible to the purport of the void or voided stipulation.
2.5. If a provision of these Conditions is not compatible with the provisions in the specific Agreement(s) between ChainCargo and the Carrier or the Transport Order, the provisions in the relevant specific Agreement or the Transport Order will prevail. Possible agreements in conflict with these Terms and Conditions are not enforceable, unless ChainCargo has agreed to those conflicting agreements in writing.
3. FORWARDERS AND TRANSPORT SERVICES
3.1 When the Shipper gives the order to provide the Freight Transport services, ChainCargo will engage the Carrier for the Transport on behalf of and under the sole responsibility of the Shipper. When providing the Freight Transport Services, ChainCargo acts (and is considered) as a forwarder within the meaning of Article 8:60 of the Dutch Civil Code and the General Freight Transport Conditions of ChainCargo will apply. If any provision of ChainCargo's General Terms and Conditions of Freight Carriage deviates from these Terms and Conditions, the latter shall prevail (unless otherwise provided in these Terms and Conditions). The Carrier acknowledges and declares that ChainCargo is in no way responsible for the Transport, or for the correct, accurate and timely execution thereof.
4. TRANSPORT ORDERS AND AGREEMENT
4.1. If the Freight Transport Services to be provided by ChainCargo include regularly recurring Transport, ChainCargo and the Carrier will enter into an Agreement. Notwithstanding the amount and frequency of the Transport services laid down in the Agreement, each individual Transport will only form a binding agreement between ChainCargo and the Carrier after ChainCargo has confirmed each individual Transport to the Carrier by sending the Carrier a Transport Order. If ChainCargo has not issued the Transport Order to the Transporter at the latest before the Collection Time of the relevant Transport, no agreement has been concluded with regard to the individual Transport.
4.2. In the case of incidental Transport requested by a Shipper on a case-by-case basis, ChainCargo will issue the Transporter with a Transport Order containing ChainCargo's confirmation for the Transport.
4.3. In the event that ChainCargo has issued the Carrier with a Transport Order, ChainCargo reserves the right, at its discretion, at the latest before the Collection Time, to cancel the relevant Transport without being obliged to pay the Carrier compensation.
5.1 ChainCargo shall reasonable endeavor to prevent any surcharges to be applied to the shipping prices. In case of cancellation, postponement or waiting hours at the pickup or delivery location, and additional costs cannot be prevented, ChainCargo applies the following surcharges:
5.2 Cancellation fee: in the case ChainCargo cancels order towards Carrier
More than 24 hours €0
Between 24 hours and 18 hours Maximum of 20% of total shipment costs
Between 18 and 12 hours Maximum of 40% of total shipment costs
Between 12 and 6 hours Maximum of 60% of total shipment costs
Less than 6 hours Maximum of 80% of total shipment costs
Truck at pick up location Maximum of 100% of total shipment costs
5.3 Cancellation fee: in the case Carrier cancels order towards ChainCargo
If the carrier terminates a confirmed transport order before the time of collection, the carrier is obliged to compensate all damages to be incurred by ChainCargo, including but not limited to all additional costs and expenses to be made for a carrier commissioned by ChainCargo as an alternative. If the carrier finds any alternative solutions himself with a subcontractor within a timeframe acceptable to ChainCargo, the carrier needs prior written consent from ChainCargo to perform the shipment with the subcontractor.
5.4. Waiting costs
Type of vehicle Starts after Maximum price per hour
Small vehicle < 3.500 kg 15 minutes € 35,00
Large vehicle > 3.500 kg 2 hours € 50,00
6. PLATFORM AND APPLICATION
6.1. In order to use the Platform and the Application, the Carrier must register via the Website and create an account on the Platform by completing the registration process. Once ChainCargo has approved the Carrier's registration, the Carrier will receive a confirmation by e-mail and will gain access to the Platform and the Application.
6.2. The Carrier undertakes to provide ChainCargo with accurate and complete information for the registration and declares to pass on all facts and circumstances that may be important for the proper functioning of the Platform and the Application. ChainCargo reserves the right, at its sole discretion, to limit, suspend and/or block the Carrier's access to the Platform and Application at any time.
6.3. The Carrier will use the Platform and Application in accordance with ChainCargo's instructions, these Conditions and the applicable regulations and declares that it assumes full responsibility and liability for all activities (permitted or not) that occur while using its account. . The Carrier must immediately inform ChainCargo of any unauthorized use of its account.
7. FEE AND PAYMENT
7.1. All prices quoted by the Carrier are deemed to include all costs borne by the Carrier. Unless otherwise stipulated, all prices agreed between ChainCargo and the Carrier are all-in fixed rates and include all costs for the Transport, including but not limited to the payment of freight costs, duties, levies, taxes and/or other costs.
7.2. The Carrier will provide ChainCargo with an invoice for the payment of the Transport, after which ChainCargo will pay the invoice amount to the Carrier within 21 calendar days after the date of the invoice sent by the Carrier, unless expressly agreed otherwise in writing.
7.3. The risk of exchange rate fluctuations is for the Carrier.
7.4. ChainCargo reserves the right to set off outstanding amounts that it owes to the Carrier against (possible) amounts that the Carrier owes to ChainCargo. ChainCargo also reserves this right in the event that the claim on which the debt of the Carrier to ChainCargo is based is not due or conditional or is denominated in a currency other than the currency of the claim against which settlement takes place. Claims in different currencies are settled against each other at the exchange rate on the day of settlement. In the event of settlement pursuant to this Article 6.4, ChainCargo will notify the Carrier in advance, or if that is not possible, as soon as possible thereafter.
8. DIRECTIONS FROM CHAIN CARGO
8.1. ChainCargo is entitled to change the Collection Point, to designate someone else as Recipient, to change the Delivery Point and to give instructions regarding the Transport Order.
8.2. Directions from ChainCargo may also be given upon receipt of the Goods by the Carrier.
9. OBLIGATIONS OF THE CARRIER
9.1. The Carrier must comply with all (inter)national applicable laws and regulations, including but not limited to the AVC and the CMR.
9.2. The Carrier must immediately inform ChainCargo in writing of circumstances that may have consequences for the Transport or the Freight Transport services provided by ChainCargo to the Shipper.
9.3. In order to guarantee the quality and integrity of the Platform, the Application and the Freight Forwarding Services, the Carrier must ensure that:
(a) only authorized and competent persons have access to the Platform and the Application;
b) the Carrier has sufficient resources to fulfill its obligations arising from the Agreement; and
c) the Carrier will comply with all data protection obligations under applicable data protection and privacy laws.
10. LIMITATION OF LIABILITY
10.1. This Article 10 applies to any liability on the part of ChainCargo, regardless of the legal basis of that liability.
10.2. As described in Article 3.1, ChainCargo offers Freight transport services, ChainCargo acts (and is considered) as a forwarder within the meaning of Article 8:60 of the Dutch Civil Code, and ChainCargo does not offer or intends to offer transport services.
10.3. In no event shall ChainCargo be liable to the Shipper or Carrier for any damages, losses or costs incurred or to be incurred or incurred in connection with any delay in Delivery.
10.4. With regard to any damage, losses or costs other than those referred to in Article 10.3, ChainCargo is only liable for damage in respect of which the Carrier has demonstrated that it is the result of intent or gross negligence on the part of ChainCargo or its employees.
10.5. ChainCargo does not accept any liability for disputes between the Carrier and the Shipper.
10.6. The use of the Platform and the Application is provided to the Carrier on the basis of availability (“as available”) and in the state in which they are at that time (“as is”). The Carrier acknowledges that the use of the Platform and the Application is at the risk of the Carrier.
10.7. ChainCargo makes no warranty of any kind, implicit or explicit, and ChainCargo expressly makes no warranties to the Carrier with regard to (among others):
a) the accuracy of the information provided by the Shipper or any other third party, whether or not via the Platform;
b) the suitability of the Platform and the Application for the business of the Carrier;
c) completely error-free, virus-free or uninterrupted operation of the Website, the Platform and/or the Application.
10.8. ChainCargo is not liable for discontinuation, stagnation or interruption of the Website, the Platform and/or the Application or for damage or loss resulting from the temporary unavailability of the Website, the Platform or the Application, regardless of the basis for liability.
10.9. If ChainCargo is liable, ChainCargo is only liable for damage, losses, obligations, costs and/or expenses within the meaning of Article 6:96 of the Dutch Civil Code that are the direct result of intent or gross negligence on the part of ChainCargo, on the understanding, however, that ChainCargo is in no way liable for indirect damage, lost future profits, losses suffered, lost savings and expenses incurred or other (consequential) damage.
10.10. The Carrier declares that it will defend, indemnify and hold harmless ChainCargo, its affiliates, and employees at all times against and in connection with all liabilities, claims and expenses of third parties as a result of the use of the Platform or the Application or of any failure to comply with these Terms or the Agreement.
11. INTELLECTUAL PROPERTY
11.1. All intellectual property rights, such as trademarks and copyrights in the name ChainCargo, the Website, the Platform, the Application, and the software are and will remain the property of and (will remain) vested in ChainCargo or its affiliates. Under no circumstances is the Carrier allowed to use the aforementioned name, Website, Platform, Application and software or their content, including in whole or in part the reproduction, publication, copying or store that content other than for your own use.
11.2. All intellectual property rights in the Website, the Platform and the Application rest exclusively with ChainCargo, its affiliates, its licensors or its suppliers. Software components owned by third parties, including open source, require a license from that third party.
11.3. The Carrier only acquires the rights to use the Platform and the Application that are expressly granted under these Conditions, the Agreement and the law. The right to use the Platform and Application to which Carrier is entitled is non-exclusive and non-transferable, and may not be pledged or sublicensed by Carrier.
11.4. ChainCargo has the right at all times to redesign the Website, the Platform and the Application or other proprietary content used by ChainCargo and to change the order, structure and specifications, features and all components and/or other aspects thereof.
12. LIMITATION PERIOD
12.1. All claims of the Carrier under this Agreement are barred by the mere lapse of a period of three months.
12.2. The term referred to in Article 12.1 commences on the day following the day on which the claim became due and payable, or the day following the day on which the claim was made known to the injured party.
13. LAW AND FORUM
13.1. Dutch law applies to all legal relationships arising from or in connection with the Agreement.
13.2. All disputes arising from or in connection with the Agreement, a Transport Order or compliance with it or other legal relationships between the Carrier and ChainCargo, as well as all disputes in connection with these Terms and Conditions will be submitted to the competent court of Oost-Brabant.