GENERAL BELGIAN FORWARDING CONDITIONS 2024
1. General: Definition and Scope of Application
1.1. Application
These conditions apply, unless expressly agreed otherwise, to every form of service provided by the Forwarder, including all information, quotations, contracts and actions, even after the agreement has been executed.
They may be referred to as the General Belgian Forwarding Conditions (GBFC) and represent a commercial and sectoral usage negotiated with and accepted by the Client. Should any provision be void or unenforceable, the remaining provisions shall remain fully valid.
1.2. Definitions
In these conditions, the following terms shall mean:
– the Client: the principal of the Forwarder on whose behalf or for whose account the Forwarder provides services, information, or advice, whether free of charge or for consideration;
– the Forwarder: the member of FORWARD Belgium or any forwarder operating under these General Conditions, acting as forwarding commission agent or as forwarding carrier;
– the Contract: any assignment for the dispatch of goods offered, accepted, or executed by the forwarding commission agent, including all related activities such as logistics services, storage, handling, VAT and customs operations, and any information or advice relating thereto; as well as any assignment for the carriage of goods offered, accepted, or executed by the forwarding carrier;
– the Goods: all goods, including packaging, entrusted to the Forwarder by the Client. This includes commercial goods and all documents representing such goods;
– the Owner: the owner of the goods to which the Forwarder’s services relate;
– Third Parties: natural or legal persons with whom the Forwarder concludes contracts in the performance of his assignment.
1.3. Qualification
1.3.1.
In performing the Contract, a distinction is made between the Forwarder acting:
a) as forwarding commission agent: whose main obligation is to dispatch goods, either in his own name or in the name of the Client but on the Client’s behalf and account, including all necessary related services, formalities and concluding required contracts with third parties.
b) as forwarding carrier: whose main obligation is to transport goods on behalf and for the account of the Client, either with own vehicles or by concluding a transport agreement in his own name with third parties. The Forwarder acts as carrier when issuing a transport document in his own name or operating with his own vehicles.
1.3.2.
These conditions do not constitute a waiver of any right of the Forwarder and cannot give rise to any higher liability than that imposed by applicable (mandatory) international conventions, laws or similar regulations.
1.3.3.
The Client confirms that the Goods entrusted to the Forwarder are his property, or that he is the unconditional and irrevocable representative of the Owner, consignor or consignee. The Client accepts these conditions for himself and also binds the Owner, consignor or consignee.
2. Formation of the Contract
2.1. Quotation and prices
2.1.1.
Unless otherwise stipulated, each quotation issued by the Forwarder is valid for 7 calendar days.
The Client accepts that the quotation is based on existing rates, wages, freight prices, exchange rates and data known on the day the quotation was issued. It does not take into account later circumstances or increases in cost factors (e.g. government measures, new laws, freight increases, exchange rate fluctuations, market changes).
If one or more of these factors change and the quotation is accepted more than 7 days after being issued, the quoted prices will be adjusted accordingly, without obligation for the Forwarder to notify the Client of such changes.
2.1.2.
Quoted prices or all-in rates include only normal logistics execution costs, excluding duties, taxes, consular/legalisation fees, insurance premiums, extraordinary costs, overtime, or costs resulting from deviations from normal execution.
Additional costs such as demurrage, detention, general average contributions, extra packaging costs, recovery costs and waiting times are excluded and will be charged to the Client.
2.1.3.
Delivery periods or arrival/departure dates are never guaranteed unless agreed in writing. Client-stated deadlines do not bind the Forwarder.
2.1.4.
Customs services require an explicit assignment from the Client and are not presumed to be included.
2.2. Information to be provided
2.2.1.
The Client must provide all useful information and documents in time, including the nature and preservation of the goods, method of dispatch, places of dispatch/destination, and any knowledge relevant for safe handling, transport or delivery, in accordance with applicable laws.
Information regarding the price or commercial value of the goods does not constitute an instruction for collection or insurance.
2.2.2.
The Forwarder is not required to verify the accuracy or authenticity of information/documents supplied by the Client and accepts them in good faith.
2.2.3.
Within the meaning of art. 2.2.1., the Client is responsible for the manner in which the goods are conditioned, their packaging, identifying labels regarding origin and product, and for the application of markings in accordance with the intended dispatch, transport, and storage under normal transport conditions, including all operations that form part thereof.
The Client warrants that the goods made available pose no danger or risk, including but not limited to risks for persons involved in their dispatch or transport, their means of transport or other assets, including those of third parties, and the environment.
2.2.4.
The Client warrants that the information provided to the Forwarder for the acceptance and execution of a customs operation is complete, correct, and accurate, and of such nature that it enables the requested customs operation to be carried out lawfully.
2.3. Formation of the Contract
The contract is deemed to have been concluded when the Forwarder’s quotation has been accepted in writing by the Client, or when the Forwarder has accepted the Client’s assignment in writing.
3. Performance of the Contract
3.1. Performance
3.1.1. By the Client
The Client is obliged to make the goods available in due time, in sound packaging, and at the agreed place, time and manner, in accordance with the information that may reasonably be expected from them.
The Client undertakes to fully comply with all applicable local, national and international laws and regulations. This includes, but is not limited to, all relevant trade sanctions, anti-money laundering laws, anti-smuggling regulations and anti-corruption legislation. The Client shall also ensure that these laws are complied with by their employees, agents and any third parties acting on their behalf. Furthermore, the Client undertakes to immediately report any breach or suspected breach of these laws to the relevant authorities and to the Forwarder. The Client further warrants that they shall not engage in or facilitate any activities that could directly or indirectly violate such laws.
The Client shall indemnify, defend and hold harmless the Forwarder against all claims, liabilities, damages, losses, costs or expenses arising out of or relating to any breach of the foregoing.
3.1.2. By the Forwarder
In performing its assignment, the Forwarder may rely on third parties, subcontractors or agents, who demonstrate normal professional competence to carry out the entrusted services in accordance with the law applicable to their activities.
In the absence of differing and specific instructions or special agreements, the Forwarder shall, to the best of its ability, have full discretion regarding the means to be employed in order to organise and execute the entrusted assignment in accordance with normal commercial practice, as any other Forwarder placed in the same circumstances would do. Unless explicitly and expressly agreed otherwise, any indicated routes or performance times shall not be guaranteed.
3.2. Custody, Disposal and Supervision
3.2.1.
If the Contract includes that the Forwarder is to keep in custody the goods subject to the Contract, this shall be understood as storage that the Forwarder may arrange freely.
3.2.2.
The Forwarder shall, in principle, not be personally responsible for storing these goods, but shall rely on Third Parties for such services and shall therefore not be personally liable for the performance of these services.
When the Forwarder itself takes goods into storage, including in its own warehouses or otherwise, its liability shall be determined and limited in accordance with art. 6.
3.2.3.
Unless otherwise agreed in advance and in writing, the Forwarder is not obliged to supervise, have supervised, or insure the goods intended for dispatch, wherever they may be located, including in open air.
3.2.4.
Unless instructed otherwise in writing, the Forwarder may store any goods which, for whatever reason and other than planned, cannot be dispatched or delivered, at the expense and risk of the Client or the Owner.
3.2.5.
The Forwarder may, subject to prior written notice to the Client and depending on feasibility, dispose of dangerous, perishable, flammable, explosive or other goods that may cause damage to persons, animals or property by removing, selling or destroying them at the Client’s expense and risk. The Client accepts all associated costs and risks.
Where necessary for the protection of the goods, or where there is an immediate threat to persons, animals or property, the Forwarder may take measures of preservation or remediation before being able to inform the Client or request instructions. If the Client fails to provide instructions, the Forwarder may act on behalf, at the risk, and at the expense of the Client.
3.3. Suspension
The Forwarder is entitled to suspend the performance of the Contract, or even terminate it while retaining all rights to compensation, if the Client in any way fails to fulfil their obligations, particularly with respect to any information or document, including customs or excise-related matters, and all other issues relevant to the timely, useful and commercially appropriate performance of the Contract, including all payment obligations.
3.4. Extension of Conditions
Unless otherwise agreed in advance and in writing, goods entrusted by the Forwarder to third parties for storage, handling or transport are subject to the liability of those third parties, including all applicable treaty, statutory, regulatory, contractual or general conditions and limitations, all of which are accepted by the Client.
The Client accepts that goods entrusted to the Forwarder may be subject to liens or security rights of third parties.
3.5. Force Majeure and Hardship
3.5.1. Force Majeure
The Forwarder is not liable for events that prevent it from performing the Contract, in whole or in part, as agreed, if such events are due to causes beyond its reasonable control (“Force Majeure”), including but not limited to fire, abnormal weather conditions, strikes, labour disputes or other industrial unrest, (declared or undeclared) war, embargoes, blockades, legal restrictions, riots, uprisings, government actions or regulations, congestion or shortages, epidemics, pandemics, cyber-attacks, explosions, or interruption of power supply.
The Forwarder shall notify the Client of the Force Majeure situation.
Performance of the Contract shall be suspended for the duration of a temporary Force Majeure. Any resulting price increases or circumstances that influence the further performance of the Contract after suspension shall be at the Client’s expense and risk.
If the Force Majeure is permanent, the Contract shall terminate, in which case all amounts invoiced by the Forwarder under the quotation shall remain due. The Client agrees to indemnify and hold the Forwarder harmless for any claims by third parties relating to the goods covered by the Contract.
3.5.2. Hardship
If unforeseen events or changes in circumstances of an economic, financial, technical, political or legal nature fundamentally alter the balance of the Contract, such that the Forwarder is excessively burdened in fulfilling its contractual obligations—either because the costs of performance increase or because the value of performance decreases—the Forwarder may, after written notice to the Client, require the parties to negotiate in good faith a fair revision of the Contract so that neither party is excessively disadvantaged.
If negotiations are rejected or no agreement is reached, both parties may submit the matter to the court, as provided in art. 5.74 of the Act containing Book 5 “Obligations” of the Civil Code.
4. Compensation
4.1. Payment
4.1.1.
The amounts or fees charged by the Forwarder are payable at the registered office of the Forwarder within 15 days following the invoice date.
Loss resulting from exchange rate fluctuations shall be borne by the Client. Payments not allocated by the Client to a specific debt may be freely applied by the Forwarder to any amounts owed by the Client to the Forwarder.
4.1.2.
The Forwarder is entitled to charge the amounts or fees owed for its expenses and interventions on a lump-sum basis. The Client accepts that the use of a lump-sum rate does not in any way alter the nature or classification of the services provided by the Forwarder.
4.1.3.
The Client waives any right to invoke any circumstance that would entitle them to suspend their payment obligations in whole or in part, and waives any right to set-off against amounts invoiced by the Forwarder.
Any debt owed by the Client acting in a commercial capacity, which is not paid on its due date, shall—after prior formal notice—be increased by compensatory interest equal to the statutory interest rate, and further increased by a lump-sum compensation of 10% of the debt to cover economic and administrative losses, without prejudice to the Forwarder’s right to prove greater damage.
4.2. Objections
Any objection to the invoicing or to the services charged and amounts invoiced must be received in writing by the Forwarder within 7 days following the invoice date.
4.3. Provision of Security
The Forwarder is not expected to provide security from its own funds for the payment of freight, duties, levies, taxes, or any other obligations that may be required by third parties or any governmental authority. If such requirements arise, they must be paid by the Client upon the Forwarder’s first irrevocable request.
If the Forwarder has provided security from its own funds, the Client is obliged, at the Forwarder’s first written request, to pay the Forwarder an amount equal to the security provided on behalf of third parties, including governments or authorities, as collateral.
5. Obligations and Liabilities of the Client
5.1. Obligations
The Client accepts and undertakes:
– that the assignment and the description of the goods provided by the Client are complete, correct, and accurate,
– that the goods entrusted to the Forwarder will be made available in a timely, complete, and useful manner, properly and efficiently loaded, stowed, packaged, and marked in accordance with the nature of the goods, the intended dispatch or transport, as well as the place of dispatch or destination for which they are entrusted to the Forwarder,
– that all documents provided by the Client to the Forwarder are complete, correct, valid, authentic, and not wrongly withheld or misused,
– that, unless the Forwarder has been informed beforehand and in writing, the goods entrusted to the Forwarder are not dangerous, perishable, flammable, explosive, or otherwise capable of causing damage to third parties, persons, or property,
– that the Client will examine and verify all documents made available by the Forwarder upon receipt to ensure that they comply with the instructions given to the Forwarder.
– In the event of non-compliance with any of the obligations described above, the Forwarder may at any time refuse the assignment or suspend or cease its execution.
5.2. Liabilities
5.2.1. General
The Client shall be liable to the Forwarder and shall, upon first written request and regardless of the amount, compensate, indemnify, and provide adequate security to the Forwarder:
– for any damage or loss that the Forwarder suffers or expects to suffer directly or indirectly in the performance of the contract, resulting from the nature of the goods and their packaging, incorrect, inaccurate, or incomplete instructions, data, or information, failure to make the goods available at the agreed time and place, failure to submit documents or instructions on time or at all, as well as any fault or negligence in general by the Client or by third parties engaged by the Client,
– for any damage or loss, costs, and expenses for which the Forwarder is held liable by authorities, contractors, agents, or third parties for any reason, including but not limited to claims relating to the goods, damages, expenses, costs, or duties claimed directly or indirectly in connection with the services performed or to be performed on behalf of the Client, unless the Client proves that the claim was caused directly and exclusively by a fault for which only the Forwarder, excluding all third parties appointed by the Forwarder, is liable,
– for any damage or loss, costs, and expenses for which the Forwarder is held liable in cases where the Forwarder is personally or jointly liable under EU or national laws and regulations for the payment or settlement of customs duties or other tax liabilities,
– “damage or loss” shall be interpreted in the broadest sense, including but not limited to material or immaterial damage or loss, direct and indirect losses, consequential damage, economic loss, fines and interest, forfeitures, claims relating to product liability or intellectual property rights, legal costs, and costs for legal assistance.
5.2.2. Customs Liabilities
If the claim for which the Forwarder seeks payment or indemnification from the Client concerns a customs or other fiscal claim arising from a customs operation entrusted to the Forwarder by or on behalf of the Client, the Client undertakes, upon the Forwarder’s first written request, to provide the Forwarder—or a third party or authority designated by the Forwarder—
with an adequate, irrevocable, and unconditional financial guarantee covering the full amount of the assessed or reserved claim, including principal, interest, and costs, in order to secure the Client’s liability towards the Forwarder or third parties.
6. Obligations and Liability of the Forwarder
6.1 As Commission Forwarder (commissionair-expediteur)
6.1.1. Obligations
The Forwarder shall perform the execution of the contract with reasonable care, diligence, and expertise and guarantees a normal professional performance of the contract, which has been entrusted to him as a best-efforts obligation in accordance with these general terms and conditions.
6.1.2. Liabilities
a) The Forwarder’s liability is limited to errors or omissions committed by him in the execution of the assignment. He is not liable for gross negligence, nor for such negligence committed by persons for whom he is responsible. His liability can only be established after the Forwarder has been formally notified in writing and sufficiently in advance of the alleged failure. The Forwarder does not guarantee nor is he liable for the performance of agreements concluded by him with third parties.
b) The Forwarder is not liable for the execution of any agreement concluded by him on behalf of the Client with contractors or agents, including but not limited to agreements relating to storage, transport, customs clearance, or goods handling, unless the Client proves that the deficient execution was caused directly and exclusively by a fault or omission of the Forwarder and the third party could not have prevented it.
c) The Forwarder’s liability for damage or loss to goods is limited to direct or immediate damage in the form of purely material damage and material loss of the goods that are the subject of the Contract, and only insofar as this was not caused by third parties with whom the Forwarder concluded an agreement on behalf of the Client, or for which such third parties are liable.
The Forwarder is not liable for damage or loss of goods resulting from causes or circumstances for which, according to these General Terms and Conditions, liability lies with the Client or for which the Forwarder has excluded liability.
The Forwarder is not liable for damage or loss to goods in storage or custody arising from total or partial theft or destruction of goods due to, among other things, fire, explosion, lightning, aircraft impact, water damage, inherent defect of the goods or packaging, hidden defects, or force majeure.
The Forwarder is not liable for damage or loss resulting from total or partial theft or destruction of goods where such risk is, under local regulations or trade customs, borne by the goods themselves.
d) The Forwarder is not liable for any indirect or consequential damage or loss, including but not limited to economic loss, consequential or immaterial damage, or future damage in the broadest sense.
e) The Forwarder is not responsible for the successful outcome of collection assignments entrusted to him unless proven that the failure is due to negligence equivalent to gross negligence on his part.
f) The Forwarder is not liable outside of contract and rejects all extra-contractual liability.
6.1.3.
Compensation and Limitation
a) Compensation is limited to damage legally proven.
b) Insofar as such errors or omissions cause direct material damage or partial or total loss to the Client, the Forwarder is entitled to limit his liability to 4 SDR per kilogram of damaged, lost, or depreciated gross weight of the accepted goods, with a maximum of 32,500 SDR per damage event or series of events arising from the same cause, but not exceeding the invoice value or world market value of the goods at the time the assignment was accepted. The applicable limit is the lowest of these amounts.
c) For all other claims under, among others, Articles 6.1.2, the Forwarder’s liability is limited to 32,500 SDR per damage event or series of events arising from the same cause, provided that the total liability for all claims as defined under (a) and (b) shall not exceed 40,800 SDR per damage event or related series.
The Forwarder may invoke, against the Client, any exoneration clauses agreed upon between the Forwarder and the auxiliary persons he employs for the execution of the contract.
6.1.4.
The value of the goods is limited to their value at the time they are dispatched or should have been dispatched. The value of SDR is calculated on the date the claim is received in writing by the Forwarder.
6.2. As Freight Forwarding Carrier
6.2.1. Liabilities
The Forwarder is not liable for any indirect or consequential damage or loss, including but not limited to economic loss, consequential or immaterial damages, or future damages in the broadest sense.
The Forwarder is not liable for damage or loss to goods in storage or custody arising from total or partial theft or destruction due to,
among other things, fire, explosion, lightning, aircraft impact, water damage, inherent defect of the goods or packaging, hidden defects, or force majeure.
De Expediteur is buiten-contractueel niet aansprakelijk en wijst elke buiten-contractuele aansprakelijkheid af.
6.2.2. Compensation and Limitation
The Forwarder is liable as a carrier in the cases provided for in Article 1.3.1(b).
His liability is governed by the mandatory national laws and international conventions that apply thereto.
Where such liability is not governed by any mandatory provision or where the place in the transport chain where the loss or damage occurred cannot be determined, the Forwarder’s liability is determined as follows:
a) for material loss and material damage, liability is limited in accordance with Article 6.1.3(b).
b) for delay in loading, transport, or delivery of the goods, liability is limited to the freight amount relating to the goods.
c) for all other claims, liability is limited in accordance with Article 6.1.3(c).
7. Lien and Pledge
The amounts owed by the Client to the Forwarder are privileged in accordance with the law and these terms and conditions.
The Forwarder has a broad right of retention over all goods, funds, and all titles and documents representing these goods entrusted to him by the Client for the execution of the contract. He is entitled to realize these to fully settle all claims the Forwarder has against the Client arising from any services, including all past as well as future services. These also serve as a pledge, regardless of whether the Client is the owner of the goods.
The Forwarder’s claims against his Client are privileged under Article 14 of the Act of May 5, 1872 on Commercial Pledge, Article 20.7° of the Mortgage Law, and Article 136 of the General Customs and Excise Act to the extent of all goods, documents, or funds in his possession, whether or not the claim relates partly or wholly to the reception or shipment of other goods than those in his possession.
8. Insurance
The Forwarder is not obliged to arrange insurance for the goods on behalf of or at the expense of the Client.
9. Confidentiality, Information Management, and Cybersecurity
The Client and the Forwarder undertake to treat all information obtained from each other as confidential. Each party is responsible for ensuring that its employees and advisors comply with the obligations set out above.
The Client and the Forwarder shall take appropriate technical and organizational measures to ensure the information security of the services, the storage, and the use of information processed in their information systems, safeguarding the confidentiality and integrity of data content.
Access to and use of the Client’s and Forwarder’s information systems must be conducted in a manner that does not compromise system security.
The parties shall exercise reasonable care in fulfilling this obligation, which continues to apply even after the execution of the contract, taking into account available technology, associated risks, and costs.
10. Termination and Cancellation
Termination of the contract is in principle only possible with express consent. If such consent is not given, the Client shall be obliged to pay in full for all costs and expenses already incurred, all works and services already performed, together with all materials and supplies already delivered.
11. Limitation and Prescription
Any claim against the Forwarder must be submitted in writing with justification within 14 days following the delivery of the goods, or the shipment of the goods insofar as the liability concerns the shipment.
Any liability of the Forwarder related to the shipment of goods automatically and definitively expires if the Client receives the documents relating to a specific service and fails to submit a justified written claim or reservation to the Forwarder no later than the 10th day after the shipment of these documents.
Any claim against the Forwarder expires by prescription if it is not brought before the competent court within 9 months.
The limitation period begins the day following the day on which the goods were delivered or should have been delivered, or, failing that, the day following the occurrence of the event giving rise to the claim.
12. Jurisdiction and Applicable Law
12.1.
Any dispute, whether directly or indirectly arising from the services provided by the Forwarder, and any claim for compensation against the Forwarder, shall be exclusively resolved by the competent court at the registered office of the Forwarder, as the place of conclusion and performance of the agreement, without prejudice to the Forwarder’s right to bring any claim before another court.
12.2.
The contract between the Forwarder and the Client, including these General Terms and Conditions, is governed by Belgian law.
13. Recourse and Legal Proceedings
13.1.
If the Forwarder becomes aware of loss or damage to goods entrusted to him, or of delay in delivery, he shall notify the Client. The Client may instruct the Forwarder to take measures for preservation, recovery, or remediation of the goods, including pursuing claims against third parties.
Legal and arbitration proceedings against third parties will not be undertaken by the Forwarder unless he receives written and timely instructions from the Client, and the Forwarder is provided in advance with sufficient funds to cover all expert fees, legal costs, and expenses for legal assistance, including a guarantee for litigation risks.
13.2.
Such proceedings shall be undertaken at the Client’s expense and risk, who must provide concrete, timely, and, if necessary, legal instructions, after payment of a requested advance for losses and costs. If the Forwarder waives any recourse claims, the Client must provide security to cover costs and risks for any actions carried out in the Forwarder’s name.
