General Terms and Conditions of CAPICHE BV (excerpt)
1. All services provided by CAPICHE are exclusively subject to the conditions as set out hereafter. CAPICHE is the Belgian company BV CAPICHE, with its registered office in 1600 Sint-Pieters-Leeuw, Hoogstraat 126, company number BE 0547.950.624. These General terms and Conditions as well as the terms and conditions referred to below can be accessed at www.capiche…
2. All services provided by CAPICHE are always subject to the General Logistic Conditions 2015 (hereafter GLC) as registered on October 9, 2015 with the Clerk of the Chamber of Commerce and Industry of Antwerp and Waasland. In accordance with art. 2 of the GLC, all transports carried out by CAPICHE are moreover subject to the provisions of the international conventions and mandatory legislation that apply to the subject transport mode and all forwarding, customs and VAT orders carried out by CAPICHE are subject to the provisions of the Belgian Freight Forwarders Standard Trading Conditions 2005 (also called CEB/VEA Conditions). All goods handling activities are furthermore subject to the provisions of the ABAS-KVBG General Conditions for the Handling of Goods and Related Activities in the Port of Antwerp. Goods handling activities include, but are not limited to, all activities of a manual or intellectual nature related to, among other things, loading, unloading, handling, receiving, checking, marking, delivery of goods, storage, transport in the airport port area with including all related and additional assignments. If there would be any conflict between an applicable provision of the GMA and an applicable provision of the general terms and conditions listed in the second paragraph above, of both provisions, the provision most favourable for CAPICHE will prevail over the less favourable for CAPICHE. However, the provisions 3, 4 and 5 listed below take precedence over any conflicting provisions of the GLC or other applicable standard conditions listed above.
3. CAPICHE shall not be liable for any damage as a result of death or injury or in the form of or as a result of damage to the entrusted goods or to other than entrusted goods, caused by (1) the absence, inaccuracy or inadequacy of the information or documentation provided by the client, (2) the fault or negligence of the client or of a third party, or (3) force majeure.
4. Any invoice from CAPICHE that is not disputed in writing within 7 days after the invoice date will be irrevocably accepted.
5. In accordance with art. 11.1. GLC all agreements concluded by CAPICHE will be exclusively subject to Belgian Law. However notwithstanding art. 11.2. GLC, the courts of Antwerp, Antwerp division, will have exclusive jurisdiction over all disputes concerning the services as well as the validity, interpretation or execution of any agreement to which CAPICHE is a party, without prejudice to CAPICHE’s right to enter any claim before another legally competent court. The jurisdiction of the courts of Antwerp will not be exclusive if the claim concerned is subject to the CMR Convention or any similar mandatory rules.
Excerpt of the G.L.C.
4.4. Except when the damage or loss is caused by willful misconduct of Logistic Service Provider’s management, the liability of the Logistic Service Provider under these G.L.C is limited to an amount per kilogram, per damage causing event and per contract year, to be agreed upon between parties at the conclusion of the Logistic Service Agreement. In case such amounts have not been agreed upon, the following amounts will be applicable: 8.33 special drawing rights (S.D.R.) per kilogram of lost or damaged goods with the absolute maximum of 25,000 € per damage causing event or series of events having the same cause of damage and 100,000 EUR year. (…)
4.8. The Logistic Service Provider is not liable for any damage except to the goods themselves. All indirect and/or intangible damage, such as but not limited to loss of income, loss of profit, consequential damages, etc., is excluded from Logistic Service Provider’s liability.(…)
7 PRESCRIPTION. All claims to which the Logistic Service Agreement gives rise including those that are the result of a Cash On Delivery-clause, shall expire after a period of one year as of the day following the one on which the Principal is informed of the fact or the occurrence that gives rise to the claim or should have been informed. Logistic Service Provider will be informed in writing of each claim relating to externally visible damage immediately upon Delivery and of each claim regarding invisible damage within seven (7) days after Delivery, Sunday and public holidays not included; failure whereof, the claim will be nonadmissible.(…)
9.3. If the debtor fails to comply within a period of fifteen days after having sent a registered letter by mail, the amount outstanding shall moreover be increased with 10% with a minimum of 125 EUR and a maximum of 4.000 EUR as a lump sum compensation for additional administrative costs, supervision of accounts outstanding and disturbance of commercial activities.(…)