1. These General Terms and Conditions (“GTC”) shall apply to all offers, orders, contracts, services, and other legal relationships between BTS LOGISTICS SRL (hereinafter referred to as “BTS LOGISTICS”) and its customers.
2. BTS LOGISTICS provides its services in particular in the capacity of:
3. Any conflicting or deviating terms and conditions of the customer shall not apply unless BTS LOGISTICS has expressly acknowledged their validity in writing.
4. The placement of an order shall constitute unconditional acceptance of these GTC.
1. Offers made by BTS LOGISTICS are subject to change and non-binding.
2. A contract shall only be concluded upon written order confirmation by BTS LOGISTICS or upon the actual commencement of service performance.
3. All information provided by the customer shall be deemed accurate, complete, and binding.
4. The customer shall be liable for all damages, costs, and disadvantages arising from inaccurate, incomplete, or late transmission of information.
1. BTS LOGISTICS organizes transportation services in the name and on behalf of its customers through independent transport companies.
2. BTS LOGISTICS shall be entitled at any time to engage subcontractors, carriers, warehouse operators, or other third parties for the performance of the services.
3. With regard to the selection of its contractual partners, BTS LOGISTICS shall only be obliged to exercise the standard commercial diligence customary in the transportation industry.
4. BTS LOGISTICS does not guarantee the solvency, reliability, or future performance capability of any third party engaged for the execution of the services.
1. The customer shall provide BTS LOGISTICS, in a timely manner, with all information required for the proper execution of the order.
2. In particular, the customer shall specify:
3. The customer guarantees the accuracy and completeness of all information provided.
4. The customer shall indemnify and hold BTS LOGISTICS harmless from any and all third-party claims arising from inaccurate, incomplete, or misleading information provided by the customer.
1. BTS LOGISTICS regularly engages independent carriers selected through freight exchanges, transport platforms, or existing business relationships.
2. The customer, as well as all shippers, loading sites, warehouse operators, and other agents engaged by the customer, shall be obliged, prior to any loading operation, to carefully verify the identity of the carrier, driver, and vehicle presented for loading and to ensure that the truck presented for loading has in fact been commissioned by BTS LOGISTICS.
3. In particular, the following information shall be verified and documented:
4. The customer and the loading site shall be required to document the aforementioned verification procedures and provide evidence thereof upon first request by BTS LOGISTICS.
5. All information required for clear and unambiguous identification shall be fully and correctly recorded on the CMR consignment note.
6. The customer and the loading site shall retain all records relating to the identity verification procedures for a minimum period of three (3) years.
7. BTS LOGISTICS shall assume no liability whatsoever for collections, loading operations, or transports that cannot be clearly attributed to BTS LOGISTICS due to missing, incomplete, or inaccurate information.
8. If a vehicle is loaded without the proper completion of the above verification procedures, such loading shall be carried out solely at the customer’s risk.
9. BTS LOGISTICS shall not be liable for losses or damages resulting from fraudulent collections, identity theft, document forgery, cyber fraud, fake-carrier fraud, double-brokering fraud, or any other intentional acts of deception committed by third parties, provided that BTS LOGISTICS has exercised the level of commercial and organizational diligence customary in the transport industry when selecting the performing company and has not acted intentionally or with gross negligence.
10. If the customer or the loading site is unable to provide evidence that the required verification procedures were carried out, it shall be presumed that such procedures were not properly performed.
1. BTS LOGISTICS shall not procure cargo transportation insurance unless expressly agreed in writing.
2. The customer undertakes to obtain adequate cargo insurance covering the full value of all goods transported.
3. Upon request by BTS LOGISTICS, the customer shall provide proof of such insurance coverage.
4. Failure by the customer to obtain such insurance shall be entirely at the customer’s own risk.
5. The customer undertakes to include, to the extent legally permissible, a waiver of subrogation in favor of BTS LOGISTICS, its directors, officers, employees, and agents in its insurance policies.
6. If such a waiver of subrogation is not agreed upon, the customer shall indemnify and hold BTS LOGISTICS harmless against any claims arising therefrom.
7. If BTS LOGISTICS is instructed to arrange insurance, BTS LOGISTICS shall act solely as the customer’s representative.
8. BTS LOGISTICS shall never act as an insurer.
1. All prices are quoted exclusive of value-added tax (VAT), toll charges, fuel surcharges, customs duties, taxes, levies, and any other governmental charges or fees.
2. BTS LOGISTICS shall be entitled to pass on any cost increases arising after the conclusion of the contract to the customer.
1. Invoices shall be payable within thirty (30) days from the invoice date.
2. Any objections to an invoice must be submitted in writing within eight (8) days following receipt of the invoice.
3. Upon expiry of this period, the invoice shall be deemed accepted and acknowledged by the customer.
4. In the event of late payment, the following shall automatically become due:
5. In the event of payment default, all outstanding claims of BTS LOGISTICS shall become immediately due and payable.
BTS LOGISTICS shall be entitled to set off any present and future claims against the customer, including in the event of insolvency, assignment of claims, or attachment proceedings.
1. BTS LOGISTICS shall have a statutory and contractual lien as well as a right of retention over all goods, documents, and assets in its possession.
2. This security right shall extend to all present and future claims of BTS LOGISTICS.
1. Any delivery times stated by BTS LOGISTICS are generally non-binding and provided for information purposes only.
2. Delays in delivery shall not give rise to any claim for damages unless such delay is caused by the intentional misconduct or gross negligence of BTS LOGISTICS.
1. To the extent that mandatory statutory provisions or international conventions, in particular the CMR Convention, apply, such provisions shall prevail over these Terms and Conditions.
2. BTS LOGISTICS, acting as a transport commission agent, shall be liable only for its own fault or negligence.
3. BTS LOGISTICS shall be liable for independent carriers or other third parties only in cases where a fault in their selection has been proven.
4. Outside the scope of mandatory liability provisions, and in particular outside the scope of the CMR Convention or any other mandatory international convention, the total liability of BTS LOGISTICS shall be limited to the lower of the following amounts:
5. This limitation of liability shall apply to all claims, regardless of their legal basis, including contractual, tortious, statutory, or any other claims.
6. BTS LOGISTICS shall not be liable for:
7. The foregoing limitations and exclusions of liability shall not apply in cases of wilful misconduct or gross negligence on the part of BTS LOGISTICS where mandatory law provides otherwise.
BTS LOGISTICS shall not be liable for delays, disruptions, or failures in performance resulting from events of force majeure.
Force majeure events shall include, but are not limited to:
1. Any apparent loss or damage must be recorded upon delivery on all copies of the CMR consignment note (including the copy intended for the driver) and must be reported to BTS LOGISTICS without undue delay by email.
2. Any non-apparent or concealed loss or damage must be notified in writing within seven (7) days of delivery.
3. Any other complaints or claims must be submitted in writing within fourteen (14) days.
1. The customer acknowledges that the national and international transport industry is increasingly affected by cases of identity theft, fraudulent transport orders, double-brokering schemes, cyber fraud, document forgery, and unauthorized collection of goods.
2. The customer undertakes to strictly comply with all security and verification measures communicated by BTS LOGISTICS.
3. If there is any doubt during loading regarding the identity of the driver, carrier, vehicle, or the authenticity of the documents presented, no loading shall take place until BTS LOGISTICS has confirmed in writing or by telephone that the shipment may be released for loading.
4. The customer shall immediately inform BTS LOGISTICS of any irregularity, any discrepancy in the identification data provided, or any suspicion of fraud.
5. Failure to comply with these obligations shall constitute a serious contributory fault on the part of the customer and shall result in a corresponding reduction or exclusion of any liability claims against BTS LOGISTICS, to the extent permitted by applicable law.
1. BTS LOGISTICS shall be entitled to use electronic freight exchanges, digital transport platforms, and other brokerage or intermediary systems for the organization and execution of transport services.
2. In doing so, BTS LOGISTICS shall only be required to exercise due diligence in selecting service providers in accordance with the verification standards commonly applied within the transport industry.
3. BTS LOGISTICS does not guarantee the authenticity or continuing validity of governmental authorizations, licenses, insurance certificates, or identification documents where such documents have been forged, manipulated, misused, or fraudulently employed by third parties.
4. BTS LOGISTICS shall not be liable for losses or damages caused by professional fraud schemes, identity theft, document forgery, cybercrime, or any other fraudulent acts committed by third parties, provided that BTS LOGISTICS has exercised the standard of care customary in the transport sector and has not acted with wilful misconduct or gross negligence.
1. The customer warrants that neither the goods, nor their origin, destination, recipient, or end user violate any applicable national, European, or international sanctions, embargo, or export control regulations.
2. BTS LOGISTICS shall be entitled at any time to suspend or refuse the execution of an order if there are reasonable grounds to doubt the legality or permissibility of the transport.
3. The customer shall bear sole responsibility for all costs, damages, fines, penalties, or other adverse consequences arising from any violation of sanctions, embargo, or export control regulations.
4. The customer shall fully indemnify and hold BTS LOGISTICS harmless against any and all third-party claims arising in connection with such violations.
1. Dangerous goods may only be entrusted to BTS LOGISTICS after prior written notification and the express written consent of BTS LOGISTICS.
2. The customer guarantees full compliance with all applicable ADR regulations.
3. The customer shall be liable for all damages, costs, fines, penalties, and consequences resulting from inaccurate, incomplete, or late disclosure of the dangerous nature of the goods.
4. BTS LOGISTICS shall be entitled, at the customer’s expense, to refuse acceptance of improperly declared dangerous goods, place them into temporary storage, secure them, or arrange for their handling by the competent authorities.
1. BTS LOGISTICS shall be entitled to use electronic communication tools, digital documents, electronic signatures, and electronic freight platforms.
2. The customer acknowledges that, despite appropriate security measures, electronic communication systems cannot fully eliminate risks such as cyberattacks, phishing, hacking, data manipulation, identity misuse, or technical failures.
3. BTS LOGISTICS shall not be liable for any damages arising directly or indirectly from cybercrime or the misuse of electronic communication means by third parties, provided that BTS LOGISTICS has implemented appropriate security measures and has not acted with intent or gross negligence.
4. Payment instructions, changes to bank details, or sensitive contractual amendments shall always require separate verification by the customer.
1. The parties expressly recognize the evidentiary value of electronic communications and electronically stored data.
2. The following shall, in particular, be considered admissible evidence:
3. Electronic records maintained by BTS LOGISTICS shall be deemed accurate representations of the events and facts documented therein, unless proven otherwise.
4. The customer waives, to the extent legally permissible, the right to dispute the evidentiary value of electronic documents solely on the basis of their electronic form.
5. Electronically stored data of BTS LOGISTICS may be used as full evidence in judicial and extrajudicial proceedings, subject to mandatory legal evidentiary provisions.
Unless mandatory statutory provisions provide otherwise, all claims against BTS LOGISTICS shall become time-barred after one (1) year.
The processing of personal data shall be carried out in accordance with the GDPR and applicable Belgian data protection regulations.
1. All contractual relationships between BTS LOGISTICS and the customer shall be governed exclusively by Belgian law.
2. The exclusive place of jurisdiction for all disputes shall be Eupen (Belgium), unless mandatory statutory provisions on jurisdiction provide otherwise.
3. BTS LOGISTICS shall remain entitled to bring legal proceedings against the customer before any other court having competent jurisdiction.
To the extent that mandatory statutory provisions apply, in particular the provisions of the CMR Convention, the Belgian Code of Economic Law, or any other mandatory national or international legal provisions, such provisions shall prevail over these General Terms and Conditions.
Should any provision of these GTC be or become wholly or partially invalid or unenforceable, the validity of the remaining provisions shall remain unaffected.
The parties undertake to replace any invalid provision with a valid provision that comes as close as possible to the economic purpose of the invalid provision.