Terms and Conditions

Article 1 General

1.1 These general terms and conditions apply to all quotations, orders, agreements and activities of Blackbird Roadfreight. The applicability of the client’s own terms and conditions are explicitly rejected.

1.2 Depending on the work to be performed, the following sector conditions apply in addition to these general terms and conditions:
a) national transport by road: the Algemene Vervoerscondities (AVC) 2002, filed with the registry of the district courts in Amsterdam and Rotterdam;
b) international road transport: the Convention on the Agreement for the International Carriage of Goods by Road (CMR) and, in addition, the most recent version of the General Transport Conditions (AVC) and the e-CMR protocol on the digital consignment note;
c) For all storage and warehousing activities the General Storage Conditions, filed at the registry of the District Court in Amsterdam and Rotterdam.

1.3 The above mentioned conventions and conditions can be downloaded from the link below www.blackbirdroadfreight.com

1.4 In the event of any conflict between the aforementioned treaties and sector conditions and the provisions included in these general terms and conditions, the general terms and conditions of Blackbird Roadfreight will prevail, with the exception of the mandatory provisions included in the aforementioned conventions and sector conditions.

1.5 If, in the context of one agreement with the client, Blackbird Roadfreight performs successive activities of a different nature, the above-mentioned conventions and sector conditions each apply to that part of the activities.

1.6 These general terms and conditions also apply to agreements with Blackbird Roadfreight for which Blackbird Roadfreight makes use of third parties. If these third parties are addressed by the client or third parties outside the agreement, they can invoke all stipulations included in these terms and conditions to limit or exclude their liability.

Article 2 Rates

2.1 All rates quoted are in euros, excluding VAT and excluding tolls.

Article 3 Payment conditions, prohibition of set-off

3.1 Payment of invoices within 14 days of the invoice date unless otherwise agreed.

3.2 A delivery note is not included with the invoice as standard. Delivery receipts are available on request.

3.3 If the payment term is exceeded, the client will be in default by operation of law without further notice of default. The client is also the statutory commercial interest ex art. 6: 119a BW. Payments by the Client will first of all serve to reduce the costs and interest and then to reduce the principal sum.

3.4 Any complaints on invoices must be submitted within 8 working days after the invoice date. Objections to the amount of the invoice do not suspend the payment obligations for the undisputed part.

3.5 The client is not entitled to set off with regard to amounts charged to the client by Blackbird Roadfreight.

3.6 Cash on delivery: Cash on delivery is possible on written request. A surcharge is charged for all cash on delivery shipments. The surcharge and method of payment of the COD shipment will be determined per shipment.

Article 4 Booking of shipments

4.1 Assignments must be registered by the client via the e-mail address: info@blackbirdroadfreight.com or via orderinvoer.nl A username and password are required for this application and these can be requested from our customer service. Email address: info@blackbirdroadfreight.com .

4.2 The client is obliged to make the goods available to Blackbird Roadfreight at the agreed place, time and manner, together with all necessary instructions, information and data that are important for the handling of the goods and the implementation of the agreement.

Article 5 Packaging / labeling

The goods offered must be packed transportworthy and provided with clear information about the product and full addressing of the recipient. Blackbird Roadfreight has the right to refuse shipments that are insufficiently packed. The client remains responsible at all times for damage to goods as a result of inadequate packaging or stacking.

Article 6 Not allowed shipments

Valuable goods such as precious stones, precious metals, jewelery, money, securities, unprotected furniture, glass or china, artifacts, antiques, important documents such as passports, tenders and share and option certificates are accepted by Blackbird Roadfreight only on request. If such goods are nevertheless offered without approval, this is done entirely at the Client’s own risk.

Article 7 ADR transport

7.1 Order to have dangerous goods transported must be given in writing. The client is at all times responsible for the correct labeling, packaging and the correct documentation to carry out the transport within the legal requirements.

7.2 Surcharge: for the transport of dangerous goods, a surcharge applies over the transport rates stated in the quotation, depending on the country of destination.

Article 8 Delivery times, loading, unloading and waiting times

8.1 Blackbird Roadfreight is obliged to deliver the goods it has received to the addressee within a reasonable time. Delivery times are not binding, unless expressly agreed.

8.2 If a waiting time arises during loading or unloading, which Blackbird Roadfreight could not have foreseen or prevented, Blackbird Roadfreight reserves the right to charge the resulting waiting time to the client.

8.3 Deliveries take place between 07:00 and 18:00. If you are asked for specific loading times or windows and / or specific unloading times or windows, additional time surcharges apply.

8.4 Blackbird Roadfreight is never liable for consequential damage caused by failure to meet the requested time delivery.

Article 9 Pallet exchange

Offers from Blackbird Roadfreight are exclusive of pallet exchange, unless explicitly agreed otherwise in writing. Rates and conditions on request. Blackbird Roadfreight is not responsible for the quality of the pallets and is not liable for pallet exchange, if no exchange pallets are available at the unloading address.

Article 10 Error cargo

In the event that shipments are canceled on the day of collection within 4 hours before collection, 100% of the agreed freight price will be charged to the client. If the cancellation is outside these 4 hours, 70% of the agreed transport rate will be charged.

Article 11 Second offer

For a second offer the shipping costs will be charged again, unless Blackbird Roadfreight has acted culpably. In that case, the shipment will be delivered free of charge.

Article 12 Complaints, liability and transport insurance

12.1 Reports of damage or shortages must be made to info@blackbirdroadfreight.com . Claims must be substantiated by sending all relevant information about the shipment and / or about the loss, damage or delay to Blackbird Roadfreight.

12.2 The liability of Blackbird Roadfreight is determined, depending on the nature of the work, by the conventions and sector conditions referred to in article 1 paragraph 2 of these general terms and conditions.

12.3 The liability of Blackbird Roadfreight for all damage other than damage to and / or loss of the goods is limited to an amount of € 2,500.00 per event or a series of events with one and the same cause of damage, or the amount that occurs cases covered by the underwriters.

12.4 Blackbird Roadfreight is never liable for indirect damage, including consequential damage, lost profit and damage as a result of business interruption and / or the loss of customers or goodwill.

12.5 Blackbird Roadfreight points out that the goods are not insured. In cases where the cover is not sufficient, the client is advised to take out goods transport insurance.

Article 13 Applicable law

Dutch law is applicable to these terms and conditions and all legal relationships between Blackbird Roadfreight and its client. All disputes between parties that cannot be resolved by mutual agreement will be submitted exclusively to the Noord Holland District Court, Haarlem location.

Hoeksteen 18, 2132 MS Hoofddorp | Tel. 06-25337116 | www.blackbirdroadfreight.com | info@blackbirdroadfreight.com