The CMR convention applies on the national and international transport by road organized by Transport Vandendorpe BVBA and her subcontractors, including the limitation of liability per kilo (8,33 special drawing rights – STR per kilo).
When the value of the goods exceeds the amount of 370.000 € or the value per kilo exceeds the amount of 8,33 STR (10 € per kilo), the client is obliged to inform Transport Vandendorpe in advance by written notice (before the start of the manipulation of the goods, the transport of the goods, etc… takes place)
Unless in advance, differently and explicitly we cannot be held responsible for damages occurred during the transport by third parties and/or with motor vehicles belonging to third parties.
The NV TRANSPORT VANDENDORPE ZWEVEGEM is insured as follows:
In public liability and product liability, per claim:
a. Bodily and material damage (mixed) 5.000.000,-EUR
b. Damage due to fire, smoke, explosion and water 5.000.000,-EUR
c. Damage due to manipulation/ lifting of the goods 750.000,-EUR
As to the transport liability with regard to the transported goods, carried by our motor vehicles, including loading, unloading and manipulation, per vehicle, per event and per claim for an amount of +/- 10 euro/ kilo with a maximum amount of 370.000,-EUR.
In any event the deductible of 1.000,-EUR is always due by the client.
By acquaintance of this convention the contractor, with respect to the BVBA TRANSPORT VANDENDORPE ZWEVEGEM, as well as their possible subcontractors, renunciates any claim that would exceed the sums insured or the amounts of the guarantees. Under no circumstances the transporter will be held responsible for loss of profits due to damages to the transported and/or manipulated goods or to the late delivery of the transported goods. We do not assume any responsibility for possible consequential damages.
On the explicit and written demand of the client, Transport Vandendorpe can subscribe an “all risk cover” (on behalf of the client) for the damage caused to the client, or any other party, in the performance of the transport, the use of the material, the storage and/or the manipulation of the goods or the materials.
When the client wants an indication of premium for an all risk cover, the client needs to provide following information:
- Type of machine
- Value of the machine
- Weight of the machine
- Route of transport
1) All Risk expansion: this expansion does not take into account the value per kilogram of the transported goods (as stated in the CMR convention). In case of All Risk cover, the goods’ value is determined and insured in advance. The guarantee covers the goods from warehouse to warehouse. In concrete terms, this refers to the transport of the goods including loading and unloading at the warehouse, regardless of Vandendorpe NV’s transport liability.
2) ‘Test and assembly’ expansion: this guarantee does not take into account the value per kilogram (as stated in the CMR convention). Such an expansion insures predetermined values for transport, loading and unloading in the immediate vicinity of the lorry, all dismantling and reassembly activities, all handling of the machines and the internal transport from the factory buildings to the trucks and vice versa at the destination. This expansion only covers claims for which Transport Vandendorpe NV is liable.
In the absence of the explicit and written demand towards Transport Vandendorpe, the client will be responsible for the mentioned risks and/or subscribe the necessary insurances herself with a sufficient cover to cover all the possible risks and damages caused to the client, or any other party, in the performance of the transport, the use of the material, the storage and/or manipulation of the goods or the materials.
The client negotiates a waiver of liability with her insurer in respect of Transport Vandendorpe and her subcontractors. Anyhow the client will be liable for the damages which increase the insured amount.
Possible disputes are settled directly with the insurer and can by no means give rise to the freezing of the sums due to us.
TRANSPORT VANDENDORPE ZWEVEGEM B.V.B.A.
Blokellestraat 157 I
B 8550 Zwevegem
TEL 0032 56 755724 FAX 0032 56 681091
email@example.com — www.transportvandendorpe.be
Broker: Q&O verzekeringen NV, Westerlaan 1, 8790 Waregem