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GENERAL TERMS & CONDITIONS FOR THE TRANSPORTATION OF FREIGHT POSTNL PAKKETTEN BELGIË NVArticle 1: DEFINITIONSThe following definitions apply in these General Terms and Conditions:1.1. PostNL Pakketten: PostNL Pakketten België NV, with its registered office in Vilvoorde, Belgium;1.2. Sender: client/contracting party of PostNL Pakketten;1.3. Recipient: the person to whom PostNL Pakketten will deliver the Shipment under the Transport Agreement;1.4. Shipment: a transport unit (such as a parcel, roll container, pallet or cargo) presented to PostNL Pakketten which isintended for a Recipient and has its own Transportation Documentation for that purpose;1.5. Domestic Shipment: a package presented to PostNL Pakketten, which is intended for a Recipient, and for this purposeincludes an Address Label for a Shipment within Belgium;1.6. International Shipment: Shipment with a destination that is outside Belgium (outgoing) or a consignment coming fromsuch an area (incoming), including a European Parcel Service (EPS) and Global Pack (GP) Shipment;1.7. Party: a quantity of Shipments that are simultaneously presented for transportation on behalf of one and the sameSender, under agreed Terms and Conditions with respect to, among other things, remuneration, minimum number to bepresented, time of presentation and Presentation Point;1.8. Address label: a label that is affixed to the package and contains at a minimum, the following information: Name,Address, City, Post Code and Country of destination as well as a bar code corresponding to the PostNL Pakketten latestspecifications;1.9. Transport Agreement: an Agreement for transportation entered into between PostNL Pakketten and the Sender that issubject to these General Terms & Conditions (electronic or otherwise);1.10. Transportation Documentation: the data documentation (or combination of documents) present on the Shipment,from which the transportation specifications concerning the transport thereof, such as the Sender's address, weight, date,destination and barcode number can be deduced, as well as the accompanying waybill that will be presented upon deliveryof the Shipments at the Presentation Point;1.11. Presentation Point: establishments or facilities appointed by PostNL Pakketten for the purpose of presenting theShipments for transportation;1.12. Service Framework: all service conditions with regard to the transportation of goods offered by PostNL Pakkettenunder these General Terms & Conditions and agreed by the Sender;1.13 Additional services: signature for delivery, insurance, payment on delivery.Article 2: APPLICABLE REGULATIONSThe following are applicable to all work activities and Agreements of PostNL Pakketten: National and International transportation by road: The Belgian ratified version of the Convention on the Agreementfor the International Carriage of Goods by Road (CMR); Transportation by air: The Belgian ratified version of the Convention for the Unification of Certain Rules forInternational Carriage by Air (Treaty of Warsaw). The General Terms and Conditions for Payment for invoiced services provided by PostNL Pakketten België NV.Article 3: CONTRARY PROVISIONSIn the event of a conflict between the provisions of the CMR, non-mandatory provisions in the law, or the conventions setout in Article 2 with the provisions below, the Agreement between the parties prevails if applicable; followed by theprovisions below and the terms and provisions of the General Terms and Conditions for invoiced services provided by PostNLPakketten België NV.Article 4: DURATION AND TERMINATIONThe Agreement commences from the first transportation for a period of 1 year, unless agreed otherwise. After this period,the Agreement is tacitly renewed for the same period unless one of the parties terminates the Agreement by registeredletter, subject to due observance of a notice period of three months before the end of each period.Article 5: TERMS AND CONDITIONS FOR PRESENTATION5.1 PostNL Pakketten uses its own waybill as Transportation Documentation. All Shipments must be provided with fully andcorrectly completed Transportation Documentation. Registration of the Sender's information is a mandatory part of theTransportation Documentation. The Sender is responsible for careful packaging that is tailored to the nature and contentsof the Shipment and to provide the address of the Recipient and the address of the Sender.5.2 Shipments must be presented to a designated Presentation Point. PostNL Pakketten can designate other PresentationPoints for different categories of Shipments.5.3. In the event of presentation by a Party, Party PostNL Pakketten can offer additional Terms and Conditions forpresentation with regard to the rate, minimum number to be presented, time of presentation and Presentation Point.5.4. On the basis of an Agreement between the Sender and PostNL Pakketten, the Sender can present the Shipments usingan “electronic pre-registration”. Such an Agreement governs how the Shipments should be presented for transportation andhow the Sender can receive information regarding the Shipments.
5.5. All Shipments that are registered online via the web application will also be “electronically pre-registered”. TheTransportation Documentation is to be generated online and printed by the Sender. It can be used only once.Article 6: PROHIBITED PRODUCTSThe following goods are prohibited from being sent by post or package, unless otherwise agreed: Explosive substances and firearms Compressed, liquefied gases or gases dissolved under pressure Flammable liquids Flammable solids Substances liable to spontaneous combustion Substances that emit flammable gases when in contact with water Substances that facilitate fire Organic peroxides Poisonous materials Infectious substances Corrosive substances Radioactive materials Other substances that can be harmful to humans or the environment Live animals Goods infringing copyrights, or any other intellectual property rights (Fake) Weapons and ammunition Drugs and narcotics Tobacco to a foreign countryArticle 7: FEEThe rate that becomes due under the Transport Agreement, is determined by the applicable rates for transportation at themoment of acceptance for transportation according to the Service Framework rates (as published by PostNL Pakketten) andby the data recorded by PostNL Pakketten in respect to quantity, weight, size and destination of the Shipment.Article 8: PAYMENTUnless otherwise agreed, the payment of the due fee must, at the latest, occur upon acceptance for transportation of theShipment. If payment on account is agreed, the PostNL Pakketten Terms and Conditions for Payment are applicable, wherebythe standard terms of payment are 30 days after the invoice date.In accordance with the General Terms and Conditions for invoiced services provided by PostNL Pakketten België NV, latepayment not received by the due date is subject to, without any warning or notice of default, late payment delay interest of12%, with a minimum of 50, and the outstanding amount due will be increased, as fixed compensation, by 15% on theoutstanding balance, with a minimum of 75 and up to a maximum of 10,000.Article 9: REFUSAL, SUSPENSION OR TERMINATION OF TRANSPORTATION9.1. PostNL Pakketten can refuse, suspend or terminate the transportation of a Shipment, stating reasons upon request, if:a) the Sender does not fulfil the Terms and Conditions that PostNL Pakketten has made for acceptance for thetransportation of the Shipment (with respect to payment, presentation point, providing or registering data, use ofTransportation Documentation, use of a barcode, packaging, contents, destination, weight and dimensions);b) the transportation of the Shipment can be dangerous for persons or property; this is true at least for thetransportation of goods, upon which national or international laws and regulations are applicable for thetransportation of dangerous goods.c) the transportation is forbidden by law or government regulations, or PostNL Pakketten has evidence that thetransportation would be in contravention of the law or government regulations;d) the Sender fails to meet its financial obligations under another contract with PostNL Pakketten;e) PostNL Pakketten has another valid reason to refuse, suspend or terminate, including but not limited to, naturaldisasters, wars or armed conflicts, industrial disputes and strikes etc.f) An online transportation document is used for more than one Shipment.9.2. In case of refusal or suspension of the transportation of a Shipment, PostNL Pakketten allows the Sender, in so far aspossible, to be able to come back into possession of the Shipment and of any accompanying documents that were submitted,after which the Transport Agreement is terminated. PostNL Pakketten can claim payment of the fee payable for thetransportation, without prejudice to the right of PostNL Pakketten for compensation of (additional) costs.Article 10: AMENDMENT TO THE TRANSPORT AGREEMENTAfter acceptance for transportation, the Service Framework and/or shipping address cannot be changed, unless otherwiseexpressly agreed with the Sender.
Article 11: FULFILMENT OF THE TRANSPORT AGREEMENT BY POSTNL PAKKETTENPostNL Pakketten have the right to allow third parties to implement the Transport Agreement, in whole or in part, withoutprejudice to the rights and obligations of PostNL Pakketten under the Transport Agreement.Article 12: DELIVERY TIMES12.1 PostNL Pakketten strives to deliver Shipments to the address indicated by the Sender during the first working day afterthe day of acceptance for transportation, with the exception of International Shipments and Shipments via the OnlineShipping Service, which are subject to different Terms and Conditions.12.2. The Sender or the Recipient can only request delivery of the Shipment from PostNL Pakketten at the designated ordefined time of delivery of the Shipment, when this time of delivery of the Shipment is expressly agreed.12.3. With respect to the transportation of (outgoing) International Shipments, the transportation time will be dependentupon the destination country or area and the Service Framework chosen by the Sender.Article 13: LEGAL LIABILITY13.1. In case of both loss or damage to Shipments, PostNL Pakketten is liable in accordance with the provisions of the CMR.13.2. As standard, EPS Shipments are insured (up to 500 per parcel, regardless of the contents of the parcel) as part of theService Framework. As standard, GP Shipments are insured (up to 200 per parcel, regardless of the contents of the parcel)as part of the Service Framework. The provisions of the CMR and the Warsaw Convention relating to “special interest indelivery” (resp. art. 26 CMR and art. 22 paragraph 2 Warsaw Convention) shall apply accordingly.13.3. PostNL Pakketten shall, in case of liability for any loss or damage, present a copy of the delivery document as evidenceof the place of delivery corresponding to the agreed product and Service Framework agreements that were previouslydecided with the Client. Absence of proof to the contrary discharges PostNL Pakketten from all claims of liability for loss ordamage.Article 14: ADDITIONAL SERVICESOn payment of the fee set for that purpose and with full applicability of the provisions of these Terms and Conditions, theService Framework can be extended by one or more “Additional Services” mentioned in this article:14.1. “Increased Liability”a) (Domestic) Shipments can be sent with “Increased Liability” at the request of the Sender and upon payment of thefee set by PostNL Pakketten,b) The “Increased Liability” must be registered in the Transportation Documentation in a manner prescribed byPostNL Pakketten. The corresponding registration is to be regarded as a clause that is expressly entered intobetween the parties to increase the liability of PostNL Pakketten, as defined in art. 26 CMR.c) In the case of damages attributable to PostNL Pakketten resulting from loss of, or damage to, a Shipment with“increased liability”, the Sender or the Recipient can claim compensation for the damage to the goods transportedas part of the Shipment, up to the amount of the “Increased Liability”.d) Compensation is only possible under condition of the submission of shipping evidence and the (purchase or trade)invoice.14.2. “Payment on Delivery”a) BeNeLux Shipments can be sent under terms of “Payment on Delivery” at the request of the Sender and uponpayment of the fee set by PostNL Pakketten.b) In case of loss, damage or delay of a Shipment under “Payment on Delivery” conditions, PostNL Pakketten is onlyliable for consequential damages in accordance with Article 13. PostNL Pakketten is not liable for any otherdamage, except in cases of intent or gross negligence on the part of its management.c) PostNL Pakketten has the right to payment of the Payment on Delivery amounts by offsetting the sums owed bythe Sender.d) PostNL Pakketten can in no case be liable for incorrectly completed cheques, loss of cheques, non-crossed cheques,fake checks, uncovered cheques or any other damages resulting from the payment by cheque, except in case ofgross negligence on the part of PostNL Pakketten, and only in so far as the Recipient has no other recovery optionsin regard to the Recipient.14.3. “Signature for Receipt”a) Domestic Shipments can be sent under terms of “Signature for receipt” at the request of the Sender and uponpayment of the fee set by PostNL Pakketten. In the case of an assignment that includes, “Increased Liability” and“Payment on Delivery”, “Signature for receipt” is a standard part of the Service Framework.b) For International Shipments, “Signature for receipt” is a standard part of the Service Framework.
Article 15: METHODS OF DELIVERY15.1. Generala) Unless this cannot reasonably be requested from PostNL Pakketten, deliveries will be performed on any day of theweek, except Sundays and generally recognised public holidays. PostNL Pakketten reserves the right not to delivercertain Shipment categories on Saturdays.b) Delivery will take place at the address stated on the Shipment. If the Shipment cannot be delivered to the(residential) address of the Recipient, PostNL Pakketten has the right to deliver the Shipment to a neighbour. Thishappens at the prior and express request of the Sender. In such a case, a notice is left in the Recipient's mailbox.Upon delivery to a neighbour, the transportation and responsibility of PostNL Pakketten under the TransportAgreement are concluded. If distribution to one of the closest neighbours turns out to be impossible, then a writtennotice will be left behind in the mailbox of the Recipient describing the manner in which and the period withinwhich the Shipment can be collected.c) The Terms and Conditions of delivery included in (a) and (b) apply to both Domestic Shipments and incomingInternational Shipments. The Terms and Conditions for the delivery of International Shipments in other countriescan vary from country to country.15.2. Place of DeliveryThe delivery can be made by:(a) being deposited in the mailbox or letter slot at the address stated on the Shipment, or(b) delivery to the Recipient, an adult member in the Recipient's household, or a Representative of the Recipient, or to anemployee of the organisation to whom the Shipment is addressed.(c) delivery to a neighbour (article 15.1.b).15.3. Delivery Attempt; holdinga) If delivery by depositing in a suitable facility or by delivery to the Recipient or another appropriate person is notpossible, PostNL Pakketten will hold the Shipment in storage for a maximum of two weeks. International Shipmentscan vary from country to country.b) When delivery has not been possible, and consequently the Shipment is hold in storage by PostNL Pakketten, theRecipient will be informed in writing stating of:i.the options for a second delivery attemptii.the duration and location of storageiii.the possible time periods within which the Shipment can be picked up from the storage locationiv.what will happen if no delivery takes place for whatever reason within the storage period.c) PostNL Pakketten will not hold any Shipments if it is known or suspected by PostNL Pakketten that the Shipmentscontain perishables.15.4 Course of action for undeliverable Shipmentsa) If the Recipient refuses the receipt of a Shipment, does not pick up the Shipment from the holding location (afterexpiry of the two weeks holding period), or if continued holding of the Shipment is objectionable for PostNLPakketten due to the contents of the Shipment, the Shipment will be returned to the Sender (in the case ofInternational Shipments: to the foreign Sender).b) Shipments that, for whatever reason, cannot to be returned to the Sender, will be held by PostNL Pakketten forapprox. 12 months and kept at the disposal of the Sender, unless PostNL Pakketten knows or has reason to believethat the (contents of the) Shipment has no value, or the holding of the Shipment is objectionable for PostNLPakketten due to the contents, in which case PostNL Pakketten is entitled to destroy the Shipment or otherwisehave disposal of the Shipment at its sole discretion. Ownership of valuable Shipments shall fall to PostNL Pakkettenafter a period of 12 months. If PostNL Pakketten fails to return a Shipment, they will endeavour to inform theSender about how the Shipment will be made available.c) If the Sender refuses receipt of Shipments, or does not collect them from the storage location (after expiry of thestorage term of up to two weeks), PostNL Pakketten assumes that the contents of the Shipment are no longer ofany value to the Sender and PostNL Pakketten is immediately entitled to do what it will with the Shipment at itssole discretion.d) If it turns out that it is not possible to deliver a Shipment in accordance with the Service Framework regardingdelivery, PostNL Pakketten has the right to charge the Sender, in whole or in part, any associated return, retentionand/or destruction costs.Article 16: INFORMATION TO THE SENDER AND/OR THE RECIPIENTUp to 30 days from the date of acceptance for transportation of the Shipment, the Sender or Recipient can get informationregarding the implementation of the Transport Agreement by making an enquiry with PostNL Pakketten and mentioning thebarcode number located on the Transportation Document. Notwithstanding the preceding sentence, this is applicable to theSender for Shipments under “Payment on Delivery”. At the (first) inquiry, PostNL Pakketten has the right to charge anadministrative fee for enquiries after the relevant enquiry time.
Article 17: NOTIFICATION OF DAMAGEPostNL Pakketten Belgium assumes that the Shipment has been carried out in accordance with the chosen serviceframework:17.1. If the Recipient does not note any observations or damage when receiving the Shipment.17.2. If written notice stating the Shipment has been damaged has not been received within 7 days after the date of delivery- this in the case of damage that cannot be easily seen from the outside.17.3. If a notice of deficiencies or delay has not been received within 7 days after the Shipment was to be delivered, or thatthe Transport Agreement has otherwise not been properly carried out.Article 18: APPEAL TO THE POSTAL SECTOR OMBUDSMAN SERVICEIf the Sender is not satisfied with the way a complaint is handled by PostNL Pakketten, and you are a resident of Belgium,you may freely appeal to the Postal Sector Ombudsman Service (OMPS), which was established in law on 21 March 1991(ombudsdienst voor de postsector, Koningstraat 97 bus 5, 1000 Brussel, www.omps.be, Fax: 02 221 02 44).Article 19: APPLICABLE LAW AND DISPUTES19.1. Belgian law is applicable to all Transport Agreements.19.2. The Courts of the Antwerp District, Antwerp Department are exclusively competent to hear all disputes between theparties.Article 20: PROTECTION OF PERSONAL PRIVACYPostNL Pakketten only uses the recorded data in connection with execution of the Agreement and to provide a good service.PostNL Pakketten may also use personal information to inform the person concerned about PostNL Pakketten products andservices, its subsidiaries and other directly related companies or third parties. Therefore, this data can also be made availableto these parties or to third parties If the person concerned does not wish the information to be provided, he can lodge anobjection with PostNL Pakketten België NV, Bremeheidelaan 10, 2300 Turnhout. The person concerned should provide(business) name, address, postal code and town.The details of the person concerned will be used and treated by PostNL in accordance with the General Data ProtectionRegulation (EU Regulation 2016/679).Article 21: AMENDMENTS TO THESE GENERAL TERMS AND CONDITIONSPostNL Pakketten has the right to amend and/or supplement these Terms and Conditions. Unless otherwise stated or agreed,amendments or supplements are, until further notice, applicable to all Transport Agreements concluded on or after the datethat PostNL Pakketten announces the introduction of amendments and/or supplements.
Service Framework. As standard, GP Shipments are insured up to 200 per parcel, regardless of the contents of the parcel as part of the Service Framework. The provisions of the CMR and the Warsaw Convention relating to special interest in delivery resp. art. 26 CMR and art. 22 paragraph 2 Warsaw Convention shall apply accordingly. 13.3.
