General conditions of carriage
Movati Logistics
Article 1 – Definitions
1.1 Movati Logistics: the contractor, established in the Netherlands.
1.2 Client: any natural or legal person who places an order with Movati Logistics.
1.3 Agreement: any agreement for the provision of transport, logistics or related services.
1.4 Goods: all items made available to Movati Logistics by or on behalf of the client.
Article 2 – Applicability
2.1 These general conditions of carriage apply to all quotations, orders, agreements and activities of Movati Logistics.
2.2 Deviations are only valid if agreed in writing.
2.3 General terms and conditions of the client are expressly rejected.
Article 3 – Legal frameworks
3.1 The General Transport Conditions 2002 (AVC 2002) apply to national road transport.
3.2 The CMR Convention applies to international road transport.
3.3 These terms and conditions supplement the aforementioned regulations and are without prejudice to mandatory law.
Article 4 – Conclusion of the agreement
4.1 An agreement is concluded after written confirmation by Movati Logistics or by actual execution of the order.
4.2 Quotations are without obligation, unless expressly stated otherwise.
Article 5 – Obligations of the client
5.1 The client guarantees the correctness, completeness and timely provision of all data necessary for the execution of the assignment.
5.2 The goods must be correctly packaged, marked and suitable for transport.
5.3 The client must inform Movati Logistics in writing in advance about:
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dangerous goods
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valuable goods
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fragile or special goods
5.4 If such properties are not reported or are reported incorrectly, all resulting damage will be borne entirely by the client.
Article 6 – Execution of the transport
6.1 Movati Logistics shall perform the work to the best of its knowledge and ability.
6.2 Delivery times are indicative and never strict deadlines, unless agreed in writing.
6.3 Movati Logistics is entitled to engage third parties in the performance of the agreement.
6.4 Movati Logistics is entitled to redirect, temporarily store or otherwise handle goods if circumstances so require, without liability for consequential damage.
Article 7 –Liability
7.1 Movati Logistics' liability is in all cases limited to the liability limits as laid down in the AVC 2002 or the CMR Convention.
7.2 Liability is at all times limited to the amount paid out by the insurer, plus any applicable excess.
7.3 Movati Logistics is never liable for:
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indirect damage
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consequential damage
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lost profit
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lost savings
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business interruption
7.4 Any further or higher liability is excluded.
Article 8 – Force majeure
8.1 Force majeure is understood to mean any circumstance beyond the control of Movati Logistics, including but not limited to:
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extreme weather conditions
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traffic disruptions
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strikes
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government measures
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technical malfunctions
8.2 In the event of force majeure, Movati Logistics shall not be liable for damage or delay.
Article 9 – Rates and payment
9.1 All rates are exclusive of VAT, unless stated otherwise.
9.2 Payment must be made within the agreed payment term.
9.3 In the event of late payment, the client will owe statutory commercial interest and extrajudicial collection costs.
9.4 Movati Logistics has a right of retention on goods until the client has fully met its payment obligations.
Article 10 – Complaints and claims
10.1 Visible damage must be reported in writing immediately upon delivery.
10.2 Non-visible damage must be reported in writing within the statutory time limits.
10.3 Failure to comply with these time limits will result in the loss of any right to compensation.
10.4 Submitting a complaint or claim does not suspend the payment obligation.
Article 11 – Suspension and termination
11.1 Movati Logistics is entitled to suspend or terminate the performance of the agreement if the client fails to fulfil its obligations.
11.2 All resulting costs shall be borne by the client.
Article 12 – Applicable law and disputes
12.1 All agreements are governed exclusively by Dutch law.
12.2 Any disputes shall be submitted exclusively to the competent court in the district where Movati Logistics is established.
Article 13 – Final provisions
13.1 If one or more provisions prove to be invalid or voidable, the remaining provisions shall remain in full force and effect.
13.2 The most current version of these terms and conditions is available on the Movati Logistics website.
All our services are subject to Movati Logistics' General Terms and Conditions of Transport.