General terms and conditions
These general terms and conditions are applicable for all services provided by BCTN and subsidiaries (hereafter referred to as “BCTN”).
All quotations, acceptances, notifications, agreements and activities that take place in the Netherlands are subject to the
“Nederlandse Expeditievoorwaarden” (General terms and condtions of the FENEX – dutch organisation for forwarding and logistics) In the last version and in these general terms and conditions. The FENEX conditions can be downloaded for free via www.fenex.nl or the FENEX conditions can be provided upon the first request. Placing a booking at one of our terminals in the Netherlands implicates the acceptance of our general terms and conditions and the “Nederlandse Expeditievoorwaarden”.
All quotations, acceptances, notifications, agreements and activities that take place in Belgium are subject to the Inland shipping CMNI treaty and national law for inland shipping of 05/05/1936 in Belgium.
Furthermore the CMR treaty of Genève of 19/05/1956, incorporated in the Belgian Law via the law of 04/09/1962 (BS 08/11/1962) and law of 03/05/1999 (BS 30/06/1999, for international road transport the CRM-treaty of Genève of 19/05/1956) are applicable.
For freighthandling and storage the general conditions for the freight-handling and the subjected activities of the port of Antwerp, promulgated by KVBG-ABAS and lodged at the Chamber of Commerce and Industry of Antwerp. Together with the terminal regulations that explicitly referred to by the relevant terminal. All other activities, sub-activities or services that are not covered by one of the abovementioned categories are subject to the “Algemene Logistieke Voorwaarden” or General logistics conditions, lodged at the Chamber of Commerce and Industry of Antwerp and Waasland.
We draw your attention to excerpts in all mentioned conditions that list the situations in which BCTN is exempted of accountability, where accountability is restricted, and in which is mentioned the main clause for all parties which states the relinquishing of accountability in case of fire, whatever the originate would be.
BCTN has no responsibility for detention and demurrage, nor will accept any claim for compensation or other indirect costs. BCTN will at your request, provide you with gate-in or gate-out movements of full or empty containers.
The loading capacity of BCTN barges on the Waal partly depends on the water level. If the water level on the Waal falls below a level of 2.00 metres, BCTN will be confronted with considerably higher operational costs. As a result, it will then be forced to introduce a (temporary) low water surcharge of € 20.00 per TEU per full container journey until the water level is above 2.00 meters again. This surcharge will be applied from the 2nd day following the day on which BCTN informed its customers about this. As a reference for the water level on the Waal on the day of sailing, BCTN will use the lowest level of the following water levels. (source water levels: 720 – NOS Teletext)
· Maas-Waal Canal to Amsterdam-Rhine Canal;
· Amsterdam Rhine Canal to Loevestein.
Den Bosch :
Water level in the lock “Engelen”:
< 2.6m = surcharge 10.00 € per teu
< 2.2m = surcharge €20.00 per teu
No high water surcharge
Our Belgian terminals are located on the Albert Canal and are only affected by low water if the level of the Meuse becomes so low that the Flemish Waterways will limit the lock passages. BCTN takes the Wijnegem lock as a parameter and if limited passages apply there, a low water surcharge of € 10.00 per teu will be activated. (limited to the duration of the obstruction – message from the Flemish Waterway as the basis for the start of the surcharge application)
Also we are exempted of damage, loss, delays caused by weather conditions such as hail, snow, floods or storm, due to intervention of the government or regulating body, due to strikes or riots, or other unforeseen circumstances. This is considered an Act of God, Force Majeure.
Payment of our invoices has to be completed within 30 days of the invoice date. (with reservation of a credit check).
Our BCTN conditions prevail above all abovementioned circumstances and can be found as appendix to this quotation. Placing a transport order implies automatic acceptation of the tariffs and rates mentioned in this document, the General terms and the BCTN conditions.