Top-Speed bv is an established courier service in Mechelen, Belgium.
Transport orders are subject to the terms and conditions of the CMR Convention (Convention on the Contract for the International Carriage of Goods by Road of 19 May 1956), the Act of 15 July 2013 on the carriage of goods by road and the general conditions for road transport emanating by the three recognized professional organizations (FEBETRA, Transport en Logistiek Vlaanderen and UPTR) as stated on the respective websites of the above mentioned professional organizations and on the reverse side of the CMR consignment note published by these professional organizations and to the specific conditions below.
Transport orders
All transport orders must be given in writing and must be confirmed in writing. Orders given by telephone are considered invalid if they are not confirmed in writing.
All transport orders must be written as correctly as possible. If the transport orders are incomplete and/or if one of the following factors are incorrectly listed, Top-Speed bv cannot be held responsible for possible damage. Furthermore, an extra cost can be charged to the client.
Key factors are:
Pick-up address
Delivery address
Date and time of the transport to be carried out
Weight and dimensions of the product or goods that are to be transported
Additional references
Additional instructions such as the need for example a tail-lift
Europallets and suchlike are not switched at courier services. If the transport applicant wants to use the above services, the applicant has to explicitly mention this when placing an order with Top-Speed.
By placing an order with Top-Speed the transport applicant agrees to the general terms and conditions.
Waiting times
All transport prices are calculated without waiting times. Below are our rules regarding waiting times. Type K + KB (15 min. incl.): € 14,00 Per 15min / 15min inclusief. Type B + B XXL (15 min. incl.): € 14,15 Per 15min / 15min inclusief. Type V Meubelwagen (15 min. incl.): € 15,25 Per 15min / 15min inclusief. Type V1 5000 kg (30 min. incl.): € 16,15 Per 15min / 30min inclusief. Type V2 9500 kg (30 min. incl.): € 20,00 Per 15min / 30min inclusief. Type V3 24000 kg (30 min. incl.): € 20,50 Per 15min / 30min inclusief.
Additional waiting time at the pick-up or delivery address, on top of the time fixed in article 3.i, will be charged to the client.
Additional costs
All additional costs, other than the waiting time, which is discussed in article 3, will be charged to the client. The following items are considered as an additional cost:
Tolls and/or ferry costs
Costs related to governmental formalities such as a scanning or customs documentation
Costs related to the driver's obligatory overnight stay
Costs related to demurrage and/or detention
Unforeseen costs such as fines etc., which are discussed in article 4.
Lump sum payments, which are discussed in article 7.
Annulation
When cancelling an order confirmation, the excused payment remains due:
On the day of the transport and/or when the vehicle is on location: 100% of the agreed transport price.
24 Hours before transport: 70% of the agreed transport price.
Liability
According to article 17 of the CMR Convention, Top-Speed bv is liable if damage and/or loss occurs to the goods between the moment of intake and the moment of delivery.
According to Article 17 of the CMR Convention, Top-Speed bv is not liable for damage and/or loss during the transport order due to poor packaging by the client. Because of this, Top-Speed is relieved of its liability under article 6.i.
According to Article 17 of the CMR Convention, Top-Speed BV is not liable for damage and/or loss during the transport due to incorrect dimensions and weights provided by the client. This relieves Top-Speed BV of its liability under article 6.i.
According to Article 17 of the CMR Convention, Top-Speed bv is not liable for third-party claims (including fines) due to incorrect information provided by the client. As a result, additional costs shall be charged to the client.
Terms of payment
By placing an order with Top-Speed bv, the client confirms the agreed price. Invoices must be paid directly.
In the event of non-payment or partial payment of the invoice on the due date, default interest, with a minimum of 10% per year, is due on the outstanding balance until the day of full payment.
If the excused sum is not paid on the mentioned due date of the invoice, the sum can legally and without proof of default be increased by a fixed compensation of an interest of 10% of the invoice amount and a minimum amount of 65 euro. All additional costs caused by the non-payment of the excused sum after the due date shall be charged to the client and shall not be at the expense of Top-Speed bv. This includes lawyer's fees etc.
If the invoice is not paid on the due date, the discount that has been granted can be withdrawn by Top-Speed bv.
If the invoice is not paid on the due date, Top-Speed bv can legally claim all the remaining debts without prior notice of default.
Each dispute regarding the general terms and conditions between Top-Speed bv and the client falls under the sole jurisdiction of the courts of Antwerp in Belgium.
Choice of law
All agreements to which these general terms and conditions are valid are subject to the Belgian law. The Belgian courts and, in priority, the court of Antwerp division Mechelen, shall have the sole jurisdiction in disputes concerning the general terms and conditions.