Terms and conditions

In these general terms and conditions, the term “Company” means the company GO FAST LOGISTICS SRL, whose registered office is at Rue du Try 164, 1421 Braine-l’Alleud and which is registered with the Banque Carrefour des Entreprises under number 0567.589.659.

Contact details :
Telephone number : +32 2 385 34 30
Email address : info@gofasttransport.be
Website : https://www.gofastlogistics.be/

Article 1 – Scope of application – Acceptance of the general terms and conditions
1.1. These general terms and conditions (hereinafter, the “General Terms and Conditions”) are intended to govern all services provided by the Company, whether transport services (hereinafter, the “Transport Services”) or storage and handling services (hereinafter, the “Storage Services”) (hereinafter, the “Services”). Any deviation from the General Terms and Conditions must be expressly agreed in writing by the Company and the customer (hereinafter, the “Customer”). Any such derogation will only be valid for the Service for which it has been agreed.
1.2. These General Terms and Conditions are subject to the provisions of the Convention on the Contract for the International Carriage of Goods by Road of 19 May 1956 (hereinafter the “CMR Convention”), even in respect of national transport (Article 51 of the Law of 15 July 2013 on the carriage of goods by road).
1.3. These terms and conditions apply to all orders, quotations and invoices issued by the Company. 1.4. By accepting the quotation drawn up by the Company, by paying the deposit or by placing an order for the Services, the Customer acknowledges that he/she has read the general terms and conditions, accepts them and undertakes to comply with them.
1.5. The General Terms and Conditions take precedence over any other general terms and conditions
of the Customer.

Article 2 – Ordering
2.1. If the Company issues a quotation, this is, unless otherwise stipulated, made without any commitment on its part. The Company is only bound by a quotation issued by it (i) which has been accepted in writing by the Client or (ii) for which the Client has paid the deposit specified in article 2.3.
2.2. The Company is also bound in the event of an order from the Client confirmed in writing by the Company in the order confirmation (this hypothesis, as well as that set out in article 2.1, being hereinafter referred to as the “Order”).
Transport Services
2.3. Unless expressly waived in writing and in advance by the Company, a deposit is payable by the Client at the time the Order is placed. The amount of the deposit is fifty (50) percent of the total amount of the Transport Services.
2.4. When placing an Order, the Customer undertakes to provide the Company with the following
– loading and unloading address, as well as all the specific features and constraints of the loading and unloading sites;
– details of the contact person at the loading and unloading address ;
– the date and time envisaged for loading and unloading, to be agreed with the Company;
– the packaging method ;
– the nature, value, gross weight and volume of the goods to be transported, together with the number of packages, their specific marks and numbers ;
– where applicable, any comments and special features (particularly with regard to customs formalities), as well as any elements that could pose a risk during transport.
2.5. The Company reserves the right to refuse an Order depending on the nature of the goods to be transported, it being understood that the following will in any event be refused: illegal goods/goods, dangerous goods subject to the European Agreement concerning the International Carriage of Dangerous Goods by Road (ADR), living beings (humans/animals) and goods subject to special regulations.
The Company may not be held liable for any damage resulting from a lack of information or inaccurate information provided by the Customer.
2.6. In the event of cancellation of the Order less than 24 hours before the planned date of the Transport Services, the Company shall be entitled (i) to retain the amount of the deposit paid pursuant to clause 2.3 or, where applicable, (ii) to invoice an amount equivalent to 50% of the total amount of the Transport Services concerned. In both cases, any costs already advanced by the Company at the time the Order is cancelled will also be re-invoiced to the Customer.
2.7. If several packages are grouped together on the same consignment note, they will be considered as a single consignment.
Storage Services
2.8. At the time of the Order, the Customer undertakes to provide the Company with all information concerning the goods and their handling that it knows or should know is important for the Storage Services, as well as the details of the Customer’s contact person.

Article 3 – Price of Services and payment
Transport Services
3.1. The price of the Transport Services is calculated by the Company on the basis of (i) the mileage to be covered for the planned transport, (ii) the type of vehicle requested, and (iii) the type of roads to be used, with a minimum charge depending on the vehicle used.
3.2. Prices do not include toll charges, duties, taxes, fees and levies due in application of any regulations, particularly fiscal or customs regulations, which will be borne by the Customer.
3.3. The Company reserves the right to adjust the prices mentioned in the Order or in the quotation if the price of fuel has increased between the placing of the Order or the signing of the quotation and the date envisaged for the Transport Service. In this case, the Customer may decide to terminate the contract without compensation.
3.4. The prices of the Transport Services include a flat rate of one (1) hour for loading and one (1) hour for unloading. The Company reserves the right to charge a flat rate of fifty-five (55) euros for any hour in excess of this flat rate, with any commenced hour being due.
Storage Services
3.5. The monthly price of Storage Services is based on the storage area required by the Customer. 3.6. Storage Services are invoiced monthly by the Company, with any month that has already begun
being due and payable.
3.7. Prices for Storage Services are subject to annual revision on the anniversary date of the Order by applying the following formula: P1 = P0 x [(S1 x 0.80) + 0.20] / S0.
Where P1 = revised
price; P0 = initial
price ;
S0 = last index on the Order date; S1 = last
index on the revision date.
The S0 and S1 indices used above are the general producer price indices for the services sector (NACE5210 – Warehousing and storage).
3.8. The Company reserves the right to terminate the Storage Services unilaterally and without compensation if the Client fails to pay the sums owed to the Company five days after formal notice has been sent. In this case, the Company may sell the stored products and be paid from the sale price, and/or have them destroyed at the Client’s expense. General terms and conditions
3.9. Unless otherwise stipulated, invoices are payable in the currency in which they are drawn up within 30 days of the invoice date at the latest, to the Company’s account indicated on the invoices. 3.10. In order to be admissible, any complaint relating to invoices must be notified to the Company by registered letter and set out in detail within 15 days of the invoice in question.
3.11. Any delay or default in payment will automatically and without formal notice lead to :
– interest of 12% per annum from the due date until full payment;
– a fixed penalty of 10% of the amount outstanding, with a minimum of 100.00 euros as a penalty clause.
3.12. Failure to pay a single invoice by the due date automatically renders payable the balance due on all invoices, whether due or not. The possible granting of payment facilities shall not constitute a waiver of the payment of late payment interest and the penalty clause.

Article 4 – Performance of Services
Transport Services
4.1. Packaging Unless otherwise stipulated, the Customer is solely responsible for the choice of packaging and must ensure that the goods to be transported are packaged, wrapped, marked and/or labelled in accordance with all applicable regulations, and in such a way as to withstand transport operations carried out under normal conditions, as well as the successive handling that will necessarily take place during transport.
The Customer is responsible for all the consequences of the absence, insufficiency, defect or unsuitability of the packaging, wrapping, marking or labelling of the goods to be transported.
At the Customer’s request, packaging may exceptionally be provided by the Company on the basis of the Customer’s instructions. The Client shall be fully liable for any damage caused to the goods transported if the packaging proves to be unsuitable because incorrect or incomplete information has been provided by the Client or if it proves to be insufficiently strong to ensure the safety of the goods transported.
4.2. Customs formalities The Client also undertakes to provide the Company with all the documents and declarations required by customs regulations. For the completion of customs formalities, the Company acts exclusively as the Client’s agent. The Client is solely liable for any damage (for example, abnormal waiting times at customs or costs incurred for the storage of goods at customs) resulting from the absence, insufficiency or inaccuracy of any document, and which entitles the Company to claim a price supplement.
4.3. Instructions Before loading, the Company reserves the right to check the weight or quantity and the contents of the goods to be transported.
Under no circumstances may the Company or its agents accept any instruction or declaration which would commit the Company beyond the limits provided for with regard to :
– the value of the goods to be used as a reference in the event of total or partial loss,
or damage (Articles 23 and 25 of the CMR Convention);
– delivery times (art 19 of the CMR Convention);
– reimbursement instructions (art 21 of the CMR Convention);
– a special value (art 24 of the CMR Convention) or a special interest in delivery (art 26 of the CMR Convention).
4.4. Loading and unloading Unless otherwise agreed, loading and unloading will be carried out by the Client in the presence of the Company’s driver. The Company accepts no liability for damage caused by and/or during loading and unloading.
Loading and unloading will only take place on the ground floor, at the entrance or exit of the building at the addresses specified by the Customer. The Client shall be responsible for all road reservation formalities required for loading or unloading. The Client is responsible for ensuring that the Company has unhindered and safe access to the loading and unloading points, and for ensuring that the loading and unloading points are in all respects safe and suitable, and that the equipment required for handling and transporting the goods/goods can always access them. The Company may, however, object to loading or unloading at the places specified by the Client if this compromises the safety of its employees, its vehicle or the goods/goods being transported.
4.5. If the Customer’s contact person (or any other person) is not present at the loading and unloading address at the agreed delivery time, the Company reserves the right to unload the goods itself, and the delivery will be deemed to have been accepted without reservation by the Customer.
4.6. Stowage Unless otherwise agreed, stowage shall be provided by the Company on the basis of the Client’s instructions. The Client shall be fully liable for any damage caused to the goods transported if the vehicle used by the Company or the stowage proves to be unsuitable because incorrect or incomplete information has been provided by the Client.
4.7. Transport by sea, rail or inland waterway Where, for the Transport Service concerned, part of the transport must be carried out using a mode of transport other than road, the Customer is solely responsible for any damage (such as loss, damage, delays in delivery) occurring during this part of the transport.
Storage Services
4.8. The Client is obliged to make the agreed goods available to the Company at the agreed place, at the agreed time and in the agreed manner, in appropriate, sufficient and strong packaging, together with all the necessary documents.
4.9. At the end of the Storage Services, the Customer will take possession of the stored goods. without delay. Any delay will result in the invoicing of a price supplement.
4.10. The Company authorises the Client or its agents to enter the areas or sites where the goods are located, but only at the Client’s own risk and during normal working hours, provided that this is done in the presence of the Company (or a representative of the Company).
4.11. The Company is obliged to treat the goods stored with due care. It shall, if necessary, take all reasonable and necessary measures for the preservation of the goods, at the Client’s expense, even those not arising directly from the Storage Services.

Article 5 – Insurance
Transport Services
5.1. The Company shall be responsible for the goods transported, without being liable for any delay, loss or damage beyond the limits specified in the CMR Convention.
5.2. Without prejudice to the application of mandatory legal provisions, the Company’s total cumulative liability will in any event be limited to the total value of the goods transported, and may never exceed 25,000.00 euros.
5.3. At the Customer’s request and expense, the Company may take out specific insurance for the planned Transport Service, up to the amount indicated by the Customer.
Storage Services
5.4. The Client is obliged to adequately insure the goods that are the subject of the Storage Services (at least against theft, fire, water damage, lightning and storm damage). The Client and its insurer are obliged, under the terms of the insurance policy, to waive any recourse against the Company. In any event, if the Company’s liability is incurred, it will be limited to the damage caused to the goods themselves, up to a maximum amount of 25,000.00 euros. The Company’s liability is therefore excluded for any indirect or immaterial damage (such as, but not limited to, loss of income, loss of profit and consequential damage).

Article 6 – Right of retention
6.1. The Company may exercise a right of retention on all goods sent, transported, stored or held in any way whatsoever to cover all sums owed by the Customer.
6.2. In any event, the goods stored are deemed to have been abandoned if the Customer cannot be contacted or has not removed them one month after formal notice requiring their removal has been sent. The Company will then have the right to dispose of them freely.

Article 7 – Subcontracting
7.1. The Company reserves the right to use subcontractors.

Article 8 – Waiver
8.1. The non-exercise by the Company of all or part of the rights and remedies stipulated in the General Terms and Conditions shall in no way constitute a waiver of the said rights and remedies and shall not prejudice the possibility for the Company to invoke them at a later date.

Article 9 – Severability
9.1. The nullity or unenforceability of one or more clauses of these General Terms and Conditions shall not entail the nullity or unenforceability of the other clauses, which shall remain in force for the remainder.

Article 10 – Personal data
10.1. As the data controller, the Company processes personal data (surname, first name, address, email address, telephone number) concerning the various contact persons within the Customer (each of these persons being hereinafter referred to as the “Data Subject”) in compliance with the applicable rules on the protection of personal data and in particular in compliance with the General Data Protection Regulation 2016/679 of 27 April 2016 (hereinafter, “GDPR”).
10.2. This data is processed by the Company as part of its customer management (management of orders, invoicing, etc.) on the basis of its legitimate interest (freedom of enterprise). The data will be kept for as long as necessary to fulfil this purpose.
10.3. In accordance with the conditions laid down in the RGPD, the Data Subject has the following
To exercise their right to data portability, i.e. the right to ask the Company to transfer their data either directly to them or to another data controller; – To object to any use of their data for reasons relating to their particular situation; – To lodge a complaint with the Supervisory Authority.
10.4. If the Data Subject wishes to exercise these rights, he or she may contact the Company by e- mail or write to the Company at the above addresses.

Article 11. Applicable law – Jurisdiction
11.1. Without prejudice to the application of the CMR Convention, any dispute relating to these General Terms and Conditions or generally to the commercial relationship between the parties shall be subject to Belgian law and to the exclusive jurisdiction of the Business Court of Walloon Brabant.