LEGISLATIVE FRAMEWORK. The carrier must take note of the fact that it, as an independent transport company, is fully subject to the provisions of regulations 1071/2009 and 1072/2009, which regulate access to the occupation of road transport operator, as well as the execution thereof, as amended by Regulation (EU) 2020/1055. The Carrier will respect the obligatory return of the truck towards his premises. The carrier guarantees compliance with the provisions of Regulation (EC) 561/2006 on minimum requirements for maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and of Regulation (EU) 165/2014 on the positioning by means of tachographs, as amended by Regulation (EU) 2020/1054. He will assure complete compliance with this legislation, taking into account, among other things, the right of return of the driver and the prohibition to take normal weekend rests in the vehicle. The Carrier also undertakes to comply with the provisions of Regulation (EU) 2020/1056 on electronic freight transport information and Directive 2006/22/EC and Regulation (EU) 1024/2012, as amended by Directive 2020/1057 laying down specific rules for posting drivers in the road transport sector. He will furnish if asked, alle necessary documentation, notably documentation confirming that all drivers are covered by A1-documents and IMI- declarations. The haulier also undertakes to comply with the provisions of Regulation (EU) 2020/1056 on electronic freight transport information and Directive 2006/22/EC and Regulation (EU) 1024/2012, as amended by Directive 2020/1057, laying down specific rules on the posting of drivers in the road transport sector. He shall provide all necessary documentation upon request of the principal. The carrier hereby confirms to be a holder of a transport permit of community transport under no. ………………………………………………….. as well as a copy of the permit issued for each of the vehicles in which it will perform the individual transport contracts. It undertakes to communicate any changes in this respect to the client immediately by registered mail. The carrier also declares to be able to have the other necessary licenses, authorizations, verifications, inspections or certificates that are required by law, or that are otherwise necessary for transporting, at his disposal at all times. The carrier must also take note of the various provisions that further regulate the profession and the exercise of the transport of goods by road at a remuneration, including, but obviously not exclusively, the regulations on driving and rest periods, overloading, load securement, the highway code, the provisions of the technical regulations of vehicles, including its registration; this throughout the European Union. Specifically with regard to cabotage, the carrier takes note of the restrictive provisions in this area as they appear from Regulation 1071/2009. The carrier will not accept or carry out any transport orders insofar as he knows or should have known that the cabotage restrictions would be compromised. The carrier will warn the client if the execution of a given transport order could lead to a cabotage infringement, so that the client can approach another carrier to carry out the transport if necessary. The carrier must take note of the fact that the client can implement checks regarding the compliance of the abovementioned provisions at any time and the existence and validity of the remaining permits, authorizations, verifications, inspections, certificates, driver’s licenses, medical examinations, attestations ... The carrier also declares explicitly and formally that it will always comply with all of the abovementioned provisions, whereby it acknowledges that any breach in this respect, whether it has been established by the client or by public authorities on the other hand, constitutes a serious breach of contract that could justify the termination of the agreement. Moreover, he expressly undertakes to indemnify the client against any adverse consequences, including consequential damages, which could arise from non-compliance with the relevant provisions. This entails, amongst others, that the carrier will indemnify the client for any damages arising from the immobilization of vehicles as a result of established infringements. The carrier expressly acknowledges that he has received the necessary documentation from the client which states: the correct description of the goods, the mass of the total load, all information necessary for the correct packaging, any unusual transport parameters for individual packaging. He declares that by having received this information, he can carry out a correct load securing of the goods and will, if he should encounter problems in this regard, approach the client to arrive at a suitable solution. The Parties declare, in application of art. ▇▇▇▇▇ ▇▇▇▇ Code and other similar regulations in jurisdictions other than Flanders, that the shipper will always guarantee a correct distribution of the goods over the loading floor, while respecting the maximum permitted mass of the vehicle and under its axles. The carrier also declares to promptly pay to the client all fines, administrative fines, consignments, immediate recoveries or whatever charges imposed by the government, whatever they may be referred to, which follow from violations regarding the aforementioned provisions regarding the execution of the agreement, or, insofar these amounts would be borne by the client, for whatever reason, to pay it back at first request, with interest at the legal rate. The carrier must also take note of the mandatory provisions of the CMR Convention, which will govern the contractual relationship between the parties, insofar as there is no deviation from them in this agreement. This entails, amongst others, that the carrier is responsible to check the condition and quantity of the goods at the time of receiving the goods and to note every remark in this regard on the consignment note. Insofar the reservation is not listed and individually motivated on the consignment note, it can – in accordance with article 8 of the CMR- convention - not be taken into account in the framework of this agreement. This also entails that, insofar the carrier should encounter problems when executing a transport and/or there are any incidents at the delivery of the goods to the consignee, it will ask the client for instructions immediately. All damages, loss or delay that occurs during the execution of the transports will be borne by the carrier, where applicable subject to the provisions of the CMR-Convention, regardless of whether the carrier’s insurer provides cover for such damage, loss or delay. For damage caused to the principal of the client - and which fall outside the liability of the CMR convention - the carrier will assume the responsibility to settle the claims directly with the principal of the client. Parties explicitly agree that the client will retain the damage amounts from the outstanding or overdue and payable invoices of the carrier by way of compensation, irrespective if these invoices pertain to the transport during which the loss or damage occurred.
Appears in 2 contracts
Sources: Framework Agreement, Framework Agreement
LEGISLATIVE FRAMEWORK. The carrier must take note of the fact that it, as an independent transport company, is fully subject to the provisions of regulations 1071/2009 and 1072/2009, which regulate access to the occupation of road transport operator, as well as the execution thereof, as amended by Regulation (EU) 2020/1055. The Carrier will respect the obligatory return of the truck towards his premises. The carrier guarantees compliance with the provisions of Regulation (EC) 561/2006 on minimum requirements for maximum daily and weekly driving times, minimum breaks and daily and weekly rest periods and of Regulation (EU) 165/2014 on the positioning by means of tachographs, as amended by Regulation (EU) 2020/1054. He will assure complete compliance with this legislation, taking into account, among other things, the right of return of the driver and the prohibition to take normal weekend rests in the vehicle. The Carrier also undertakes to comply with the provisions of Regulation (EU) 2020/1056 on electronic freight transport information and Directive 2006/22/EC and Regulation (EU) 1024/2012, as amended by Directive 2020/1057 laying down specific rules for posting drivers in the road transport sector. He will furnish if asked, alle necessary documentation, notably documentation confirming that all drivers are covered by A1-documents and IMI- IMI-declarations. The haulier also undertakes to comply with the provisions of Regulation (EU) 2020/1056 on electronic freight transport information and Directive 2006/22/EC and Regulation (EU) 1024/2012, as amended by Directive 2020/1057, laying down specific rules on the posting of drivers in the road transport sector. He shall provide all necessary documentation upon request of the principal. The carrier hereby confirms to be a holder of a transport permit of community transport under no. ………………………………………………….. . as well as a copy of the permit issued for each of the vehicles in which it will perform the individual transport contracts. It undertakes to communicate any changes in this respect to the client immediately by registered mail. The carrier also declares to be able to have the other necessary licenses, authorizations, verifications, inspections or certificates that are required by law, or that are otherwise necessary for transporting, at his disposal at all times. The carrier must also take note of the various provisions that further regulate the profession and the exercise of the transport of goods by road at a remuneration, including, but obviously not exclusively, the regulations on driving and rest periods, overloading, load securement, the highway code, the provisions of the technical regulations of vehicles, including its registration; this throughout the European Union. Specifically with regard to cabotage, the carrier takes note of the restrictive provisions in this area as they appear from Regulation 1071/2009. The carrier will not accept or carry out any transport orders insofar as he knows or should have known that the cabotage restrictions would be compromised. The carrier will warn the client if the execution of a given transport order could lead to a cabotage infringement, so that the client can approach another carrier to carry out the transport if necessary. The carrier must take note of the fact that the client can implement checks regarding the compliance of the abovementioned provisions at any time and the existence and validity of the remaining permits, authorizations, verifications, inspections, certificates, driver’s licenses, medical examinations, attestations ... The carrier also declares explicitly and formally that it will always comply with all of the abovementioned provisions, whereby it acknowledges that any breach in this respect, whether it has been established by the client or by public authorities on the other hand, constitutes a serious breach of contract that could justify the termination of the agreement. Moreover, he expressly undertakes to indemnify the client against any adverse consequences, including consequential damages, which could arise from non-compliance with the relevant provisions. This entails, amongst others, that the carrier will indemnify the client for any damages arising from the immobilization of vehicles as a result of established infringements. The carrier expressly acknowledges that he has received the necessary documentation from the client which states: the correct description of the goods, the mass of the total load, all information necessary for the correct packaging, any unusual transport parameters for individual packaging. He declares that by having received this information, he can carry out a correct load securing of the goods and will, if he should encounter problems in this regard, approach the client to arrive at a suitable solution. The Parties declare, in application of art. ▇▇▇▇▇ ▇▇▇▇ Code and other similar regulations in jurisdictions other than Flanders, that the shipper will always guarantee a correct distribution of the goods over the loading floor, while respecting the maximum permitted mass of the vehicle and under its axles. The carrier also declares to promptly pay to the client all fines, administrative fines, consignments, immediate recoveries or whatever charges imposed by the government, whatever they may be referred to, which follow from violations regarding the aforementioned provisions regarding the execution of the agreement, or, insofar these amounts would be borne by the client, for whatever reason, to pay it back at first request, with interest at the legal rate. The carrier must also take note of the mandatory provisions of the CMR Convention, which will govern the contractual relationship between the parties, insofar as there is no deviation from them in this agreement. This entails, amongst others, that the carrier is responsible to check the condition and quantity of the goods at the time of receiving the goods and to note every remark in this regard on the consignment note. Insofar the reservation is not listed and individually motivated on the consignment note, it can – in accordance with article 8 of the CMR- CMR-convention - not be taken into account in the framework of this agreement. This also entails that, insofar the carrier should encounter problems when executing a transport and/or there are any incidents at the delivery of the goods to the consignee, it will ask the client for instructions immediately. All damages, loss or delay that occurs during the execution of the transports will be borne by the carrier, where applicable subject to the provisions of the CMR-Convention, regardless of whether the carrier’s insurer provides cover for such damage, loss or delay. For damage caused to the principal of the client - and which fall outside the liability of the CMR convention - the carrier will assume the responsibility to settle the claims directly with the principal of the client. Parties explicitly agree that the client will retain the damage amounts from the outstanding or overdue and payable invoices of the carrier by way of compensation, irrespective if these invoices pertain to the transport during which the loss or damage occurred.
Appears in 1 contract
Sources: Framework Agreement