Article 1. GENERAL
- These General Terms and Conditions shall apply to all offers, agreements and activities whereby Lankveld and/or its subsidiaries and/or all companies affiliated to them or any (legal) person who makes use of these terms and conditions, hereinafter referred to separately or jointly as 'Lankveld’, undertakes to transport or cause to be transported, to distribute goods, to import, export, store and possibly treat, sort, pack, repack, etc., of goods or to provide any other type of performance.
- In these terms and conditions 'client’ shall be understood to mean any (legal) person who has entered into or wishes to enter into an agreement with Lankveld. Lankveld and the Client are also collectively referred to as 'parties’.
- The applicability of purchase or other (general) terms and conditions of the client is explicitly rejected.
- Once a contract has been made under the applicability of these General Terms and Conditions, they shall without exception also apply to future quotations to be issued by Lankveld, agreements concluded and work to be performed.
- Changes to, and deviations from, these General Terms and Conditions are only valid if they have been agreed upon in writing between the parties. These changes and/or deviations then only apply to the specific case to which it relates.
- In addition to these General Conditions, the Logistics Services Conditions 2014 (LSV) shall apply, excluding the arbitration clause (art. 14).
- Insofar as any provision of the aforementioned LSV would conflict with a provision of these General Terms and Conditions, this provision of the General Terms and Conditions takes precedence.
- These General Terms and Conditions as well as the LSV 2014 can also be downloaded from the website www.lankveld.com. Upon first request they will also be sent by e-mail or by post.
Article 2. OFFERS, CONTRACTS
- All offers made are without obligation as referred to in Section 6:219(2) of the Dutch Civil Code.
- In case of an order without a prior offer by Lankveld, an agreement is only concluded when Lankveld confirms the order within 8 days after receipt or actually carries out the order.
Article 3. PRICES
- All prices and contracting amounts apply to delivery ex works or another location designated by Lankveld, excluding VAT and, in the case of transport, diesel surcharge (DOT), ADR surcharge, Maut, weekend surcharge and government levies. The calculations and current percentages can be consulted on the website www.lankveld.com.
- Lankveld is authorised to increase the agreed prices and contracting amounts on the basis of an increase in its costs. Lankveld will substantiate its price increase on the basis of reference TLN CLA, and/or NEA/CBS indices.
Article 4. TRANSPORT
- For partial and general cargo shipments (LTL), one hour is free for loading and one hour is free for unloading. For complete loads (FTL), this is a maximum of 2 hours for loading and 2 hours for unloading, after which € 60.00 per hour or part thereof will be charged.
- In the event of faulty freight (car present, but not goods) or cancellation of the order, the
agreed freight rate remains due
- Transport services are exclusive of customs operations, unless explicitly agreed otherwise in writing.
- Transport is exclusive of goods insurance.
Article 5. DANGEROUS SUBSTANCES
- If the Client offers dangerous goods for transport, this must be explicitly stated in advance and in writing, stating all relevant, including the UN number, the packaging code and the substance name. We are not obliged to check the correctness of these details.
- The client is responsible for the correct labelling, approved packaging, the necessary transport documents including the tunnel code and the sender’s declaration. The goods must be properly packed and secured on pallets so that they can be stowed and transported in accordance with the statutory rules and regulations. If the Principal has not provided any information, incomplete information or incorrect information and/or the labelling, packaging or documents do not comply with the legislation, the Principal must indemnify us against all damage suffered by us as a result, including government fines.
Article 6. PAYMENT
- If delivery takes place in parts, Lankveld may invoice each part separately.
Article 7. LIABILITY
- In case Lankveld causes damage to property or persons during the execution of activities and this liability is not regulated in the LSV, Lankveld is only liable for direct damage to property and furthermore up to an amount of maximum € 1.500,- per event or series of events with one and the same cause of damage, except in case of force majeure. Lankveld is not liable for damage resulting from incorrect advice. This limitation does not apply if the Client states and proves that the damage was caused by intent or deliberate recklessness on the part of Lankveld’s directors or the senior management of Lankveld itself.
- Lankveld shall not be liable for any other financial loss, including consequential loss.
- Force majeure as referred to in paragraph 2 shall include war, riots, sabotage, strikes, government measures (national or international), industrial unrest (in the broadest sense), unforeseen and unusual weather conditions, natural disasters, tunnel blockades, failure to sail ferries or travel by train, however caused.
- Lankveld is not liable for damage caused by delay in the delivery of goods, if national transport is involved.
Article 8. DISPUTES AND APPLICABLE LAW
- This agreement and any resulting agreements shall be governed by Dutch law. Disputes shall be submitted to the competent court in Rotterdam, subject to mandatory rules of competence. This article also applies as a 'stipulation between the parties designated’ as formulated in article 31 of the CPC Convention.
- The terms and conditions may be translated from Dutch into a foreign language. In the event of possible differences in the texts as a result of this translation, the Dutch text will prevail.