GENERAL CONDITIONS TRUCK-TIME.COM - BELGACO BV & Hollandico BV Please read Belgaco and Hollandico's General Terms & Conditons carefully.
§ 1. General Terms & Conditions
1.1 In these general terms and conditions for sellers, buyers, customers and products from Truck-Time.com, trading under the trade Belgaco bv, Oude Leeuwenrui 37, 2000 Antwerpen, Belgium with vat nr: BE0841379978 and hereinafter referred to as Belgaco, the following terms have the following meanings:
* Truck-Time.com: the online platform Truck-Time.com, representing an online marketplace for supply and demand for stock.
* Stock: new and used commercial vehicles such as cars, machines, trucks, trailers, buses, related spare parts, related products and services;
* Services: the services provided by Belgaco; offering space on Truck-Time.com by copying the stock advertisements of the sellers’s websites, combining them on truck-time.com and offering to the customers directly or via third parties supplementary services such as: inspection, buying possibilities and shipping with insurance.
* Seller: any natural or legal person, who is selling stock and has an agreement with Belgaco regarding one or all the services as referred to above;
* Buyer: any natural or legal person, who has an agreement with a seller regarding one or all the services as referred to above; * Customer: a buyer or seller, who has an agreement with Belgaco regarding one or all the services as referred to above;
* Agreement: the agreement between a customer and Belgaco in order to make Belgaco’s services and/or advertised products available to the buyer;
* Website: the Truck-Time.com website;
* Hollandico: Hollandico Bv, Delftse Poort Weena 505, 3013 AL Rotterdam, The Netherlands with VAT nr: NL857329509B01 is a private company who is offering the inspection and buy safely options on Truck-Time.com
1.2 These general terms and conditions apply to all agreements and all other use of Belgaco's services;
1.3 An agreement with a customer is only valid when both parties sign the text of the agreement drawn up and approved by Belgaco;
1.4 Any agreement, including those with customers from outside Europe, is deemed to have been entered into with the Belgian private company Belgaco BV;
1.5 The receipt of a registration by a customer for the services or products of Belgaco counts as agreement by the customer with the content of these general terms and conditions;
1.6 These terms and conditions can only be legally deviated from if agreed in writing. The applicability of any conditions used by the customer is emphatically rejected;
1.7 Should any provision of these terms and conditions be null and void or be annulled, this will not affect the validity of the other provisions. The invalid or voided provision will then be replaced by a new provision that is as close as possible to the apparent one purport and intention of the invalid or annulled provision, but can withstand the judicial review;
1.8 Belgaco is at all times authorized to change these terms and conditions and will bring the amended provisions to the attention of the customer in the prescribed manner.
Belgaco may organize transport and shipping as a forwarding agent;
Depending on the nature of the actions and activities, the most recently described versions are applicable of:
- the General Terms and Conditions of Forwarders of Belgium. Further info at https://www.belgaco-shipping.com/terms-and- conditions
-the Convention on the Contract for the International Carriage of Goods by Road (C.M.R)
§ 2. The Services
2.1 Belgaco aims to bring together suppliers and buyers of means of transport, machines and other items referred to under 1.1 via its websites. Belgaco does not have any responsibility nor bear any consequences whatsoever regarding agreements made directly between the seller and the buyer. Belgaco will not become a party to the agreement concluded between the seller and the buyer.
2.2 Belgaco offers to customers the possible shipping for the mentioned items and products as a forwarding agent. Depending on the nature of the actions and activities, the most recently described versions of:
- the General Conditions of Forwarders of Belgium. Further info at https://www.belgaco-shipping.com/terms-and-conditions
-the Convention on the Contract for the International Carriage of Goods by Road (C.M.R) are applicable.
2.3 Belgaco offers the service for inspection and safe buying possibilities via Hollandico Bv. Belgaco only has a facilitating role in this: Belgaco never becomes a party to the agreement concluded between Hollandico Bv, a customer or any third party. Belgaco will therefore never be responsible and liable for that which has been agreed between those parties and the consequences thereof. Insofar as necessary, the customer indemnifies Belgaco against any claims from third parties with whom the customer does business via Belgaco.
Hollandico Bv will be the responsible party in case of purchasing and selling goods when the buyer chooses to use the Hollandico’s buy safely solution on Truck-Time.com.
Below mentioned terms and conditons (B) will be applicable for all Hollandico’s rendered services; inspection and buying possibilities
2.4 Belgaco takes the greatest possible care with the content of its websites within its capabilities. However, some of that content is provided and imported by third parties. Naturally, Belgaco cannot be held responsible for this information. The customer and any other user of the facility is personally responsible for the correctness and completeness of the information supplied by him or her; 2.5 Maintaining or improving the quality of the service requires periodic maintenance of the websites, with the possible consequence that the websites are temporarily taken out of use in whole or in part. In that case, the customer and third parties never have any claim to compensation unless there is such a long-term and structural problem that it can reasonably be said that Belgaco has thus permanently not fulfilled its obligation to deliver, in which case the customer can claim reimbursement of part of the subscription fee. There will never be any compensation for lost turnover or loss of income;
2.5 Belgaco can register a domain name on request and on behalf of customers.
If the customer does not fulfill its obligations under the agreement, including those under these general terms and conditions, Belgaco has the right to have the domain name changed, canceled or canceled.
§ 3. The manner of using the Belgaco service
3.1 The services of Belgaco can only be used by means of agreements.
The potential customer can register via email for the desired package and / or a service;
3.2 Due to the (digital) registration as an interested party, the customer does not yet commit himself definitively. However, the information he provides (including the company name, contact person, email address and telephone number) must of course be correct. In addition, the customer fully guarantees the correctness of all information that he provides in his email about the product or services requested;
3.3 By signing the agreement referred to in paragraph 4 below, the customer implicitly indicates that it is authorized to enter into the agreement and to provide data and, where necessary, that it has the consent of the ultimate decision-maker within his or her company;
3.4 After receipt of the notification, Belgaco will arrange for an agreement to be drawn up. As soon as this has been approved and signed, Belgaco will confirm the order. The subscription starts on the date agreed in the aforementioned agreement. In the case of online registrations on the Belgaco website, the agreement is deemed to have been entered into after receipt of payment;
3.5 Belgaco is at all times authorized to refuse to enter into an agreement, not to renew a current subscription, or to dissolve a current agreement; or for reasons of its own, which it does not have to disclose to a (potential) customer.
3.6 The (personal) data obtained by the customer through the website about his contractual partner (with whom he has come into contact through the subscription) may only be used by the customer for the purpose for which they were provided. The customer is not permitted to use the data for any other purpose, including any form of unsolicited communication;
3.7 Belgaco is entitled to shorten or adapt the content of an advertisement where necessary. If the customer does not agree with this or if Belgaco is of the opinion that the text supplied is contrary to the law, these general terms and conditions or the objectives of Belgaco, Belgaco has the right to refuse or remove the text / advertisement without Belgaco has any obligation to pay compensation; 3.8 The Belgaco website (s) contains references to websites of third parties. Belgaco has no control over the content of these sites. It therefore takes no responsibility whatsoever in this regard.
§ 4. The duration of the subscriptions and their termination
4.1 A subscription is entered into for a maximum period of one year. Unless the subscription is canceled no later than two months before the expiry of its duration, it is deemed to be (tacitly) renewed each time for the same duration of a maximum of one year;
4.2 Cancellation of the subscription must be in writing. Cancellation of the subscription does not give the right to crediting amounts already invoiced. Termination of the subscription is only possible on the first of the following month, subject to a notice period of two months;
4.3 Either party has the right to terminate the subscription with immediate effect without written notice of default or judicial intervention, if the other party is has gone bankrupt, has filed for a moratorium or otherwise has lost control of his assets.
§ 5. Prices and payment
5.1 The price of the service depends on the chosen subscription and / or the chosen one-off service. The customer receives a monthly invoice, which must be paid on time, whether or not by direct debit by Belgaco. The collection takes place monthly around the tenth day of the month, unless the parties have agreed on payment per quarter or per year;
5.2 When applying for a subscription, the customer can grant Belgaco an authorization to direct debit, valid until the end of the subscription. Customer is obliged to ensure that there is a sufficient balance in the collection account indicated by it. If the collection is not successful, the customer is in default from the day that the agreed amount would normally have been collected;
5.3 If the subscription costs cannot be collected due to a cause for the account and risk of the customer, Belgaco will charge default interest equal to the statutory (commercial) interest. This interest is due from the day of default. In such a case, the customer will also owe a fine of € 10 for each violation of the payment terms;
5.4 If the customer defaults or fails to fulfill his payment obligation, all reasonable costs to be incurred by Belgaco in order to obtain payment, both judicial and the extrajudicial, at the expense of the customer. Those collection costs will be calculated
based on the maximum rate under the Collection Costs Act (WIK). The extrajudicial costs will be at least € 100 per default;
5.5 The fixed subscription costs and the one-off costs are paid in advance, regardless of the type of subscription. The fee for any extra work and any other fees are collected monthly afterwards;
5.6 In the event of liquidation, bankruptcy or suspension of payment of the customer, Belgaco's outstanding claims against the customer are immediately due and payable;
5.7 In the event of payment default, Belgaco has the right to discontinue the provision of services with immediate effect, without the payment obligation being canceled. After the (overdue) payment has been made, Belgaco will assess whether it is possible to resume the service, possibly under conditions to be specified;
5.8 Belgaco expressly has the right to increase or decrease prices of products and / or services in the meantime.
§ 6. Rules of conduct
6.1 The customer guarantees to Belgaco:
○ That the content of the advertisement to be placed by him is not in conflict with the Belgian laws and regulations, or, if the customer is established abroad, that there is no such conflict with laws and regulations in the customer's country of residence. The customer also guarantees that the text is not unlawful towards third parties;
○ That he does not harm or harass (legal) persons with his text;
○ That the content of his advertisement is completely truthful and that the images placed are unedited, original and freely placeable; ○ That he will not harm Belgaco's interests, honor and reputation and will not abuse Belgaco's services;
6.2 The customer expressly indemnifies Belgaco against any claim from third parties on the basis of any infringement by the customer of third-party rights under their intellectual property;
6.3 The customer is not allowed any subscription and / or other from the agreement with Belgaco rights to sell, rent or otherwise use or transfer to third parties, against payment or for no consideration, unless with the express written consent of Belgaco;
6.4 The subscription is strictly personal. Under penalty of immediate cancellation and termination of the subscription, the customer is not permitted to let others use it;
6.5 A customer who acts contrary to these general terms and conditions can be excluded by Belgaco from further use of the website and other services. All this does not affect the payment obligation within the subscription until the date on which the subscription would normally have ended. Belgaco also reserves the right to take measures against the customer if necessary and to report any violations to the competent authorities.
§ 7. Intellectual property
7.1 All intellectual property rights of Belgaco, including (but not limited to) the website, the texts and images appearing thereon, the design, the data files, the sound materials and the brands, rest with Belgaco and / or its licensors;
7.2 The intellectual property rights to texts that are unmistakably produced by or on behalf of the customer remain with the customer or the producer;
7.3 The customer indemnifies Belgaco against any claim from third parties based on an alleged infringement by the customer of the intellectual property rights of others;
7.4 In the event of alleged infringements within the meaning of paragraph 3, it is the responsibility of the customer and not of Belgaco to defend itself or to take action against the allegedly duped party.
§ 8. Force majeure
8.1 Belgaco is no longer obliged to fulfill any obligation if it is prevented from doing so as a result of force majeure;
8.2 Force majeure furthermore precludes possible dissolution of the agreement by the customer and its possible compensation actions;
8.3 In these general terms and conditions, force majeure is understood to mean (in addition to what applies in this respect on the basis of the law and jurisprudence): all external causes, foreseen and unforeseen, on which Belgaco cannot exert influence but as a result of which Belgaco is unable to fulfill its obligations under the agreement. to fulfill. This includes any
disruptions in internet traffic and possible strikes in the company of Belgaco or of suppliers.
§ 9. The complaints procedure
9.1 If a customer has complaints about the services and / or the website (s) of Belgaco, he must notify Belgaco of this in writing, but preferably by e-mail and in any case substantiated at the e-mail address “sales@belgaco.be ”.
9.2 Belgaco will respond substantively to the complaint within 14 days at the latest. If the complaint is declared well-founded, Belgaco will do everything possible to put the customer in the position it would have been in if it had not been necessary to submit a complaint.
§ 10. Liability
10.1 Belgaco is only liable for damage if it is the result of intent or deliberate recklessness on its part. In this context, damage is understood to mean the costs incurred by the the customer should reasonably have made:
○ to determine the cause and extent of the damage
○ to eliminate the damage-causing situation
○ to prevent further damage or to limit the damage;
10.2 Belgaco is never liable for indirect damage such as, but not limited to, consequential damage, lost profit, missed savings, damage due to business interruption or damage as a result of the loss of data;
10.3 Belgaco is never liable for damage resulting from incorrect or improper use by the customer of its website and other facilities; 10.4 If Belgaco is liable, that liability is limited to a maximum of the invoice amount for the duration of the agreement. In the event of an agreement with a duration of more than one year, then the liability is limited to a maximum of the amount of the invoice for the agreed invoice period;
10.5 The customer fully indemnifies Belgaco against all possible claims from third parties that arise in any way from and / or are related to the information placed on the website by the customer. This also includes any claim based on the statement that the posted information infringes any intellectual property right of third parties.
§ 11. Governing law
11.1 All agreements or legal relationships between Belgaco and any customer or other party to which these general terms and conditions apply are governed by Belgian law. This also applies if an obligation is fully or partially implemented abroad or if a customer is established or resides abroad;
11.2 All disputes that arise between Belgaco and a customer and about which a solution cannot be reached by mutual consultation, must be submitted to the Belgian court to be appointed by Belgaco, in principle the one in Antwerp. If they agree on this, the parties are also free to submit their dispute bindingly to a jointly chosen arbitration institute;
11.3 The parties will not appeal to an independent judge until after they have done their best in good mutual consultation, if necessary with the involvement of a mediator, settle the dispute.
§ 12. Privacy
Belgaco is responsible for the processing of personal data as shown in this privacy statement.
Personal data that we process
Belgaco processes your personal data because you use our services and / or because you provide them yourself.
Below you will find an overview of the personal data that we process:
- First and last name
- Address data
- Telephone number
- E-mail address for tracking purposes
- IP address
- Other personal data that you actively provide, for example by creating a profile on this website, in correspondence and by telephone
- Location data
- Information about your activities on our website
- Information about your surfing behavior across different websites (for example because this company is part of an advertising network)
- List of customer contact details via an app
- Internet browser and device type
- Bank account number
Special and / or sensitive personal data that we process
Our website and / or service does not intend to collect data about website visitors under the age of 16. Unless they have permission from their parents or guardian. However, we cannot check whether a visitor is older than 16. We therefore advise parents to be involved in the online activities of their children, in order to prevent data about children being collected without parental consent. If you are convinced that we have collected personal information about a minor without this permission, please contact us at sales@belgaco.be and we will delete this information.
For what purpose and on what basis we process personal data
Belgaco processes your personal data for the following purposes:
- Handling your payment
- Sending our newsletter and / or advertising brochure
- To be able to call or e-mail you if necessary to carry out our services
- To inform you about changes to our services and products
- To offer you the opportunity to create an account
- To deliver goods and services to you
- Belgaco analyzes your behavior on the website in order to improve the website and to tailor the range of products and services to your preferences.
- Belgaco tracks your surfing behavior on various websites with which we tailor our products and services to your needs.
- Belgaco also processes personal data if we are legally obliged to do so, such as information that we need for our tax return. Automated decision making
Belgaco does not make decisions based on automated processing on matters that can have (significant) consequences for people. These are decisions taken by computer programs or systems, without involving a person (for example, a Belgaco employee).
How long we keep personal data
Belgaco does not store your personal data longer than is strictly necessary to achieve the purposes for which your data is collected. The personal data described above will be kept for as long as necessary to provide the requested services to you. After that, we keep data for a maximum of one year for the statistical purposes described. The data will then be deleted, unless there is a legal obligation that requires longer storage (such as the ten-year fiscal retention obligation for payment data).
Sharing of personal data with third parties
Belgaco only provides to third parties and only if this is necessary for the execution of our agreement with you or to comply with a legal obligation.
Cookies, or similar techniques, that we use
Belgaco uses cookies or similar techniques. For details about which cookies Belgaco uses, please refer to our cookie policy which you can find on our website.
View, modify or delete data
You have the right to view, correct or delete your personal data. You also have the right to withdraw your consent to the data processing or to object to the processing of your personal data by Belgaco and you have the right to data portability. This means that you can submit a request to us to send the personal data that we have about you in a computer file to you or another organization mentioned by you.
You can send a request for access, correction, deletion, data transfer of your personal data or request for cancellation of your consent or objection to the processing of your personal data to sales@belgaco.be
To ensure that the request for access has been made by you, we ask you to send a copy of your ID with the request. Make your passport photo, MRZ (machine readable zone, the strip with numbers at the bottom of the passport), passport number and Citizen Service Number (BSN) black in this copy. This is to protect your privacy. We will respond to your request as soon as possible, but within four weeks.
Belgaco would also like to point out that you have the opportunity to file a complaint with the national supervisory authority, the Dutch Data Protection Authority. This can be done via the following link: https://dataprotectionautoriteit.be/
How we secure personal data
Belgaco takes the protection of your data seriously and takes appropriate measures to prevent misuse, loss, unauthorized access, unwanted disclosure and unauthorized changes. If you have the impression that your data is not properly secured or there are indications of abuse, please contact our customer service or via sales@belgaco.be.
In case of a dispute about (the interpretation of) the text of these general terms and conditions the Dutch version takes precedence.
B - HOLLANDICO BV – BUYING POSSIBILITIES
Hollandico Bv, Delftse Poort Weena 505, 3013 AL Rotterdam, The Netherlands with VAT nr: NL857329509B01 will be responsible for the offered Hollandico’s services on truck-time.com.
Following terms and conditons will also be applicable for all Hollandico rendered services; which are inspection and buying possibilities.
GENERAL TERMS AND CONDITIONS OF Hollandico BV, ROTTERDAM (Chamber of Commerce NL 68167032) These general terms and conditions apply to all offers of HOLLANDICO BV. and all agreements that are entered into by HOLLANDICO BV (hereinafter: “Hollandico”). General terms and conditions of the other party are expressly rejected. Differing terms and conditions or stipulations only form part of the agreement where these terms and conditions or stipulations are expressly agreed in writing.
ARTICLE 1 - OFFERS
All offers and quotations are without obligation and purely indicative, unless otherwise agreed in writing. An offer that includes a deadline may nevertheless be revoked by Hollandico, even after receipt of the order/instruction, provided this is within five days. Indications of weights, speed, fuel, load capacity, energy consumption, etc. are given as a best approximation, but are not binding on Hollandico and the other party may not derive any rights from these. All quotations are the prices applicable at the time of the offer or the establishment of the agreement, CIF port of destination, excluding VAT and other costs, such as levies, customs duties, etc. However the risk conditions remain exworks dealer’s warehouse at origin.
ARTICLE 2 – ESTABLISHMENT
An agreement is established on the suspensory condition that Hollandico has approved and confirmed the order/instruction or started the execution of the order/instruction.
ARTICLE 3 – PAYMENT
The other party is obliged to pay all invoices of Hollandico before the delivery of the goods concerned or before the performance of the work concerned, unless otherwise agreed in writing. Hollandico is entitled to suspend delivery of the goods concerned or performance of the relevant work until all invoices of Hollandico sent to the other party concerned have been paid. The other party is in default solely by the passing of the agreed payment term, without notice of default being required for this, irrespective of whether or not exceeding the payment term can be attributed to the other party. If invoices are not settled within the agreed payment term solely on the passing of this payment term the other party owes the statutory (commercial) interest on the
invoice amount to Hollandico, counting from the invoice date of the invoice concerned up to the time of full payment. If invoices are not paid within the agreed payment term solely on the passing of this payment term the other party owes a percentage of 15% on the invoice amount as out of court costs, without prejudice to the right of Hollandico to recover the costs actually incurred from the other party. Payments of the other party first serve to cover all interest payable then all the (out of court) costs payable and finally the oldest invoices payable, even if the other party indicates otherwise upon payment. In case of late payment any adverse exchange rate difference for Hollandico shall be for account of the other party. Reference dates are the due date of the invoice and the date on which payment is made. Unless otherwise agreed in writing, the other party is not authorised to offset any amount that it owes to Hollandico with a claim that the other party states it has.
ARTICLE 4 – DELIVERY
The delivery date stated or agreed in the offer and/or confirmation of order shall not be a deadline, not even if this is expressly accepted by client. In case of late delivery Hollandico is therefore only in default after written notice of default, if it does not make delivery within a reasonable period. There can be no question of default of Hollandico if the other party defaults in the obligations resting on it or there is a justified fear that it will default in this, irrespective of whether this fear is legitimate. There can also be no question of default of Hollandico if the other party does not put Hollandico in a position to carry out the agreement, among other things if the client remains in default of notifying the place of delivery or making available data, goods or facilities required for the performance. Delivery is made CIF Incoterms 2020, unless another Incoterms of the International Chamber of Commerce (ICC) (2010) is agreed in writing, however the risk conditions remain exworks dealer’s warehouse at origin. Delivery is made up to agreed port of destination subject to feasibility, unless otherwise agreed in writing. Part deliveries are permitted. All goods are carried for account and risk of the other party, irrespective of whether transport costs are charged. When Hollandico is responsible for shipment of the goods or if the agreed terms and conditions of the ICC Incoterms lays this responsibility on Hollandico, the time, method of shipment and shipment route are the choice of Hollandico, but remain for account and risk of the other party. Transport insurance will be ordered standard by Hollandico or annulled expressly on request from client; all costs relating thereto are for its account. All customs formalities, both in the country of export and in the country of import must be handled by the other party. All costs and levies relating to customs formalities are for account of the other party. If Hollandico on request of the other party is responsible for customs formalities or if the agreed terms and conditions of the ICC Incoterms lay this responsibility on Hollandico, these customs formalities and the costs and levies relating thereto remain for account and risk of the other party. The other party is not permitted to sell on the goods purchased directly or indirectly or in any way to make them available to third parties (including: persons, authorities, organisations, corporate bodies, regimes and/or countries) against which sanctions have been promulgated by the United Nations (UN), (countries of) the European Union (EU) and/or the United States (US)). The other party indemnifies Hollandico for possible penalties by the relevant authorities for Hollandico as well as (consequential) damages of this for Hollandico that are in any way attributable to the commercial relationship with the other party or an agreement with the other party. If the other party does not collect the goods within the agreed period, they are stored for his account and risk or sold by Hollandico BV. Hollandico is entitled to recover its claim from the proceeds. Hollandico is in that case entitled to cancel the agreement, notwithstanding its other rights. A claim of the other party against Hollandico, including where applicable a warranty claim, cannot be transferred and cannot be pledged to third parties. Parties may agree otherwise in writing. ARTICLE 5 – WARRANTIES No warranties are given by Hollandico relating to goods sold. Goods are sold and delivered in the state they were in at the time of conclusion of the agreement. The other party has the right to inspect the goods before the delivery for own account at a time and place determined by Hollandico. An exception may only be made to this provision in writing.
ARTICLE 6 – CANCELLATION
Hollandico is authorised to cancel the agreement with immediate effect, without judicial intervention, in full or in part or to suspend the performance, without prejudice to the other rights falling to it (to fulfilment and/or compensation), if: - the other party contravenes any provision of the agreement between parties; - a (foreign) statutory regulation is applied with the purpose of liquidating the other party or clearing the burden of debt of the other party, such as bankruptcy, (provisional) suspension of payment and similar statutory regulations; - the business of the other party is shut down or liquidated or a private agreement is offered to creditors by the other party; - the other party, after being asked to do so in writing, has not provided suitable security within seven days in the opinion of Hollandico. - Hollandico has justified reasons for fearing that the other party is planning to sell on the goods purchased directly or indirectly or in any way to make them available to third parties ((including: persons, authorities, organisations, corporate bodies, regimes and/or countries) against which sanctions have been promulgated by the United Nations (UN), (countries of) the European Union (EU) and/or the United States (US)). In these cases any claim on the other party is immediately payable, without Hollandico being obliged to compensation or any other obligation whatever. If the other party remains in default with payment and/or purchase for more than fourteen days or wishes to cancel the agreement Hollandico is without further notice entitled to resell the goods sold, in which case the down payment made to Hollandico lapses as compensation for the damage suffered by it, except for delivery by client of evidence that this damage is less and without prejudice to the right of Hollandico to recover the damage actually suffered by it from the other party. Hollandico is in that case authorised to cancel the agreement.
ARTICLE 7 – RESERVATION OF TITLE
Delivery of goods sold is made on reservation of title. This reservation applies for claims for payment of all goods supplied or to be supplied by Hollandico to client by virtue of any agreement and/or work carried out as part of delivery, as well as in relation to claims because of the default of the other party in the fulfilment of these agreements. Hollandico is in the cases mentioned in article 6 authorised to take back the goods supplied that have remained its property in accordance with the first paragraph. Such taking back applies unless otherwise notified in writing, as a cancellation of the agreement(s) signed with the other party. The other party authorises Hollandico where necessary irrevocably to remove the relevant goods (or to have them removed) from where they are. Also in the case where the title has not been transferred to the other party on the basis of this article, the other party is obliged from the time of delivery in accordance with the applicable Incoterms 2010, to insure the vehicle properly, or at least legally and the officially payable levies are for his account. The other party indemnifies Hollandico in this respect. ARTICLE 8 – LIABILITY Hollandico is not liable for damage arising as a result of any shortcoming in the fulfilment of its obligation(s) with respect to the other party. Any claim for compensation even that relating to trading loss (loss owing to stoppage, loss of income and other indirect damage of any type whatever) and damage as a result of liability to third parties is expressly excluded, unless this involves intent or gross negligence of Hollandico or managerial employees. Hollandico is also not liable for intent or (gross) negligence of (nonmanagerial) employees or of third parties that it has called in as part of the performance of the agreement. Advice from Hollandico is given to the best of its knowledge and expertise based on the information available to it at that time. The other party may not derive any rights from such advice. Hollandico is not liable for advice given by it or on its behalf. Hollandico is not liable for damage to goods of third parties who are present on its site.
ARTICLE 9 – PURCHASING
If the other party continues to use goods to be exchanged or sold to Hollandico, whether or not in anticipation of the delivery of the good purchased by it, all costs relating to the goods exchanged and any diminution in value of these are for its account. At the time of issue of the goods to be exchanged or purchased to Hollandico these goods must be in the same state as at the time of valuation or the time of the conclusion of the purchase/exchange agreement. If this is not the case
Hollandico is authorised to refuse the goods purchased without any compensation being payable, and in case of exchange, to demand the agreed purchase price of the vehicle in (scriptural) money, or to revalue the vehicle to be exchanged.
ARTICLE 10 – PROCESSING (PERSONAL) DATA
To prepare for and implement a (proposed) agreement, Hollandico is authorised to process the necessary (personal) data of the other party. If the other party is a company, Hollandico is also authorised to process the necessary (personal) data of the natural persons behind this company (the Ultimate Beneficial Owner). The (personal) data to be processed in all cases include the name and address data, bank and tax data and all other data that Hollandico considers necessary for the correct implementation of the (proposed) agreement. The (personal) data are processed with the purpose of keeping correct records and implementing the (proposed) agreement. This in any case also includes the processing of the (personal) data of the other party (and/or its UBO) in order to investigate and to check whether the (proposed) agreement with the other party and its UBO infringes any (inter)national regulations and/or sanctions. The (personal) data may also be collected and processed for commercial purposes, such as making offers, sending out newsletters, etc. The (personal) data of the other party (and/or its UBO) are only processed by Hollandico or companies associated with Hollandico. The (personal) data are not passed on by Hollandico (and/or the companies associated with Hollandico) to third parties unless this is necessary for the correct implementation of the (proposed) agreement or Hollandico is obliged/required to do so on the basis of (inter)national regulations (including sanction decisions) and/or judicial decisions. The other party as well as its UBO hereby give their express consent for the processing of the (personal) data described in this article. Hollandico takes appropriate measures to properly store and protect the (personal) data to be processed. Hollandico cannot however exclude the possibility that (unauthorised) third parties may gain access to these (personal) data and/or the (personal) data may get into the hands of (unauthorised) third parties. Hollandico is not liable for any damage whatever (including damage as a result of infringement of privacy) that the other party and/or its UBO suffers as a result of this. The other party indemnifies Hollandico for all demands and claims because of the infringement of privacy.
ARTICLE 11 – CONVERSION
If one or more provisions of the agreement with the other party are not or not fully legally valid, the other provisions remain in full effect. Instead of the invalid provisions a suitable regulation applies, that comes as close as possible to the intention of parties and the economic result aimed for by them in a legally effective way. ARTICLE 12 – APPLICABLE LAW Only Dutch law applies to all offers and agreements of Hollandico, with the exclusion of the provisions of section 6.5.3 BW (Dutch Civil Code). The applicability of the Vienna Sales Convention is expressly excluded. All disputes, that arise in response to the agreement signed between the other party and Hollandico, or further agreements that may arise therefrom, are settled by the competent court in Rotterdam (Netherlands). These general terms and conditions were drawn up in Dutch, English, French and German. In case of a dispute about (the interpretation of) the text of these general terms and conditions the Dutch version takes precedence.
Hollandico Vehicle Inspections
Terms and Conditions
Truck-time.com inspections are provided by Hollandico Bv or by any partners of Hollandico Bv
Definitions of words/phrases used in these terms and conditions:
Truck-Time.com/Truck-Time inspections/Our/We and Us means Hollandico Bv
Agreement means the agreement between Truck-Time.com and the Customer pursuant to which Truck-Time.com agrees to procure that an Inspector carries out an Inspection in accordance with these terms and conditions.
Cancellation Fee means the amount payable by the Customer as referred to in clause 12 of these terms and conditions.
Customer/You means a customer of Truck-Time.com who places an order for an Inspection.
Fee means the amount payable by the Customer to Hollandico Bv for the Inspection as set out at http://www.truck- time.com/inspection or via the contact page of the Truck-Time.com
Inspection means an audio visual external vehicle inspection without a test-drive carried out by an Inspector on behalf of Truck- Time.com for the Customer in accordance with these terms and conditions.
Truck-Time.com provides a visual Inspection, which consists of different checks. Details of the checks that are involved are available at http://www.truck-time.com/inspection.
Confirmation of the Inspection that the Customer has chosen to be carried out on the Vehicle (and the checks involved) will be included in the welcome letter, which Truck-Time.com sends to the Customer following receipt of the Customer’s order for an Inspection.
Inspector refers to the qualified inspector who carries out the Inspection on behalf of Truck-Time.com. Inspections by dedicated Truck-Time.com Inspectors are subject to availability and may be supplemented by the use of appropriate third party agents. The
Truck-Time.com will only accept responsibility for the actions of an agent where the agent is acting on the Truck-Time.com’s direct instruction.
Report means the written report produced by the Inspector as part of the Inspection, which includes the Customer’s name and address, registration details of the specific Vehicle inspected and its location, a list of checks carried out (depending on the type of vehicle) and an outline of any areas of concern which the Inspector has decided should be brought to the attention of the Customer.
Report Checklist means the list of areas which will be or have been checked by the Inspector as part of the Inspection, which are available at http://www.truck-time.com/inspection.
Vehicle means the vehicle in respect of which the Customer requires an Inspector to carry out an Inspection.
General
- Inspections are prepared from visual and external checks of the Vehicle only and are limited to the parts and/or items identified on the Report. Inspections do not involve dismantling or disturbing any structure, assembly, component or internal mechanism. The Inspector will not carry out a road test of the Vehicle. There are certain parts of the Vehicle which will not be looked at (see clause 5). You should read the Report Checklist and these terms and conditions carefully to see what will not be checked.
- A copy of the Report will be sent to You by email to the email address You provide when ordering an Inspection unless You request that we post the Report to You. Due to the nature of the internet and the virus-protection software utilised by your internet service provider or loaded on to your computer, it may not be possible in all cases to guarantee delivery of the Report by email. In the event that You do not receive Your Report within 24 hours of the Truck-Time Inspections taking place you must notify Us as soon as reasonably possible in order that We can resend Your Report to You. We shall not be liable to You for any failure to deliver a Report to the extent that non- delivery is outside of Our reasonable control.
- Items which are listed on the Report Checklist as a part/item to be checked, but which are not reasonably accessible on the Vehicle, will not be inspected. In such circumstances, We will be under no obligation to inspect and/or report on the part/item in question and the Inspector will mark the relevant section of the Report accordingly.
- The vehicle should be reasonably clean to ensure that the Inspector can clearly see and accurately report on the relevant vehicle parts inspected. Where the vehicle is not clean, the Inspector reserves the right not to comment on those parts and will mark the Report Checklist accordingly. In such case, the Report Fee shall be fully payable.
Exclusions
5. Without prejudice to clauses 1 and 2 above, the items We do not check are:
a) Any parts which require dismantling/ removing/ disconnecting or taking apart for inspection purposes; b) Vehicle data checks
c) Oil and fuel consumption;
d) Source of oil leaks;
e) Brake lining material (other than what is immediately visible and can be seen without dismantling anything);
f) Brake fluid for contamination. Brake fluid will deteriorate over a period of time and We advise that it be replaced as recommended by the Vehicle manufacturer;
g) Operation of cassette, compact-disc players, TV/DVD/satellite navigation systems, Bluetooth or other in-car entertainment;*
h) Sound or radio reception and alarm systems;*
i) Cylinder compression, vehicle electrics and electronics which would require specific diagnostic equipment;
j) Exhaust emissions and/or catalytic converters. If this is assessed by the Inspector as passing the Inspection it only relates to confirming its external condition, gas tightness and security. The Inspector is unable to confirm its internal condition or effectiveness as this requires exhaust emission testing which is not included in the Inspection;
k) The accuracy of in-car computer systems (for example, but in no way restricted to, computers used for route finding, fuel efficiency or otherwise);
l) Exhaust emissions;
m) Air conditioning functions and efficiency*;
n) The habitation area of Motorhomes - The electrical systems and appliances, water fittings and appliances, and the gas fitting and appliances are not checked. These are beyond the scope of the Inspection.
o) Vehicle Technical Systems - Many vehicles are fitted or equipped with automatic or computerised operating systems, which may be controlled by microprocessors. These include engine-management systems, fuel systems, ignition systems, air- conditioning systems, lambda-controlled systems, stereo radio, cassettes, amplifiers, compact discs (single and multi), TV/DVD, satellite navigation, active and self- levelling suspensions, gearboxes, turbo-chargers and superchargers, anti-lock braking systems, four- wheel drive and electronic lockable differential units, traction control, alarm and immobiliser systems, catalytic exhaust systems, and variable camshaft timing systems.
p) Non-standard accessories as a result of personal modifications or otherwise.
Within the scope of the Inspection it is not possible to check fully the detailed operation of these systems due to the many variations in features and operating modes, and it is not possible to confirm that these systems are functioning fully to the manufacturers design specifications. As a result, the Inspector is unable to confirm the detailed operation of any of these systems other than giving an overall view and opinion on the performances generally inspected or checked. Therefore, We cannot be held in any way liable to You for failing to identify any malfunction or failure of any of these systems to perform to the specification as designed by the manufacturer;
*These items will be checked completely, but a brief check of functioning when possible in the available time-frame.
6. Furthermore, the Inspection cannot:
a) confirm whether or not the passenger or luggage compartments (including the body or caravan area of any Motorhome) are watertight; or
b) predict the life expectancy of exhaust systems, clutches or dual-mass flywheels;
c) provide any indication of any faults which might have become apparent had the Vehicle been driven in excess of the speed reached or the distance travelled during any road test carried out by the Inspector;
d) confirm that all or any of the components of the Vehicle are original components, or replacement components that have been manufactured by the manufacturer of the vehicle;
e) confirm that the Vehicle would pass any country specific yearly vehicle inspection test.
f) include the inspection of any parts, components or areas of the Vehicle that are not reasonably visible or accessible to the Inspector at the time of the Inspection;
g) confirm authenticity of the Vehicle’s Registration Document, the mileage, the inspection certificate, Licences, the Vehicle Identification Number (VIN), the Engine Number, the Registered Number or the Vehicle service history; or
h) check for any recall notices. Truck-Time.com recommends that You check with the Vehicle manufacturer that the Vehicle has not been subject to such notices.
7. The Inspection can only describe and/or identify defects actually found and/or which are reasonably capable of being found upon an external visual examination of the Vehicle at the time of Inspection. We cannot be held liable and are not responsible for any latent defects which are later discovered even when We can reasonably have been expected to see them during an Inspection conducted within the parameters of these terms and conditions. We cannot advise of defects if We cannot see them, or they are not apparent during the Inspection of the Vehicle concerned. In particular, please note that (without limiting the foregoing) Vehicles over 5 years old, those that have a high mileage and/or have been subjected to abnormal use may have latent defects. While such defects fall outside the scope of the Inspection and the Report is provided on this basis. Neither Truck-Time.com nor the Inspector will have any liability to You as a result of such defects.
8. Types of vehicles we don’t inspect include:
a) Disability controls and modifications
b) Commercial refrigeration units fitted to vehicles c) Body tipping equipment fitted to a vehicle
e) Tail lifts fitted to any vehicle.
9. Please note that used or new vehicles from an older construction year may contain serious internal, structural or mechanical defects and/or hidden corrosion, which will not be detectable from an external, visual examination. These vehicles may prove to be less reliable and may need more frequent repairs/servicing than recent new vehicles. While Our Inspectors take care to identify potential problems with the Vehicle from their external visual examination, You accept these and other disadvantages in owning a used or new vehicle from an older construction year and You accept that neither Truck-Time.com nor the Inspector will have any liability to You as a result of such defects.
10. If there is no documentary evidence of a recent engine timing belt (cam belt) replacement, We recommend that the belt of the Vehicle is checked and / or replaced before use.
11. If the Vehicle does not have a recent service history or it was not available to the Inspector at the time of the Inspection, then We recommend that a service in accordance with the Vehicle manufacturer’s specifications be undertaken prior to use. This may highlight other defects, giving rise to repairs, which were not apparent from the external visual examination undertaken by the Inspector.
12. Please note that the life expectancy of an exhaust or clutch system is uncertain and difficult to predict. Without prejudice to clauses 1, 3 and 5 above, the fact that such items have not been identified as faulty on the Report does not and should not be taken to imply that such systems will have a continuing life expectancy from the time of Our check.
13. Road Testing
Is not in the scope of the inspections offered.
14. Obtaining necessary permissions, access to Vehicle etc
14.1 Truck-Time.com ensures that proper provision is made (including the obtaining of any necessary permission from the owner of the Vehicle) for the Inspection to be carried out at the parking location of the unit.
15. Fees and cancellations
15.1 The Fee must be paid at the time of booking the Inspection and needs to be on our account before the inspection will be planned.
15.2 We reserve the right to refuse to carry out an Inspection or to issue a Report on any vehicle: 15.2.1 the Inspector cannot reasonably access; or
15.2.2 appears to the Inspector to be:
(a) not of standard production;
(b) modified or not in regular use (for example, which show signs of excessive corrosion on moving parts associated with being left standing and which may result in the Vehicle being unsafe to inspect);
and You acknowledge that in such circumstances We are entitled to treat the Agreement as terminated and to retain the Fee in full. 15.3. Subject to (ii) below, You do not have the right to cancel an Inspection and receive a full refund of the Fee.
(ii) If You: (a) agree with Us that We will perform an Inspection within 14 days of the date that You make the agreement with Us to carry out the Inspection.
(b) If meanwhile the Vehicle has been sold and we did not make any inspection expenses so far, your credit is not refundable but will remain available to inspect another unit showed on truck-time.com.
(c) The provisions of this clause shall also apply to re-tests.
16. Complaints
16.1 If You have a complaint or are dissatisfied with any Inspection carried out, please contact Us via Truck-Time.com as soon as possible. We may need to re-inspect the Vehicle to deal with the complaint if the vehicle is still at the dealer’s warehouse at origin.
16.2 No repairs should be effected or any parts replaced on the Vehicle which is the subject of a complaint before the Vehicle has been re-inspected by Us. Should emergency repairs be required to make the Vehicle safe and which is then later to be the subject of a complaint to Us, then You must ensure that a complaint is made to Us (including notification of the need
to carry out emergency repairs) within a reasonable time after discovering the problem, and that any faulty or worn parts which are repaired or replaced are retained for future re-examination by Us. We will not, under any circumstances, be responsible for the cost of any repairs carried out or parts replaced without Our previous agreement in writing.
16.3 We reserve the right to require another of Our Inspectors to re-inspect any Vehicle at Our own expense should it be considered necessary by Us to deal with any complaint and You are required to allow Our inspector to do so in accordance with these terms and conditions. We will provide an unbiased second opinion on the initial Report issued.
17. Matters outside of Our reasonable control
17.1. We will not be liable for delay to/non-performance of the Inspection due to events or circumstances outside Our reasonable control. We will take steps to minimise the effects of this where possible.
18. Exclusion of liability for loss
18.1. Truck-Time.com will only be liable to the Customer (and not to any other person) to the extent that Truck-Time.com fails to carry out the Inspection in accordance with these terms and conditions. Without limiting the foregoing, You acknowledge that neither Truck-Time.com or the Inspector will be liable to You or any other person for any liability, loss, damage, claim, proceedings, costs or expenses (together referred to as “Losses”) suffered or incurred by You.
19 Enforcement of terms
19.1 Each of the clauses of these terms operates separately. If any court of relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
19.2 The Agreement is between You and Truck-Time.com. No other person shall have any rights to enforce any of its terms. Neither of us will need to get the agreement of any person in order to make any changes to these terms.
20 Use of personal information
20.1 Truck-Time.com will use your personal information for the purposes outlined in the fair processing notice in the Schedule below. Truck-Time.com privacy policy is also available on www.Truck-Time.com.
21 Interpretation
1. 21.1 The headings used in these terms and conditions are for convenience only and shall not affect the interpretation of their contents.
2. 21.2 These terms and conditions are governed by Dutch Law and You can bring legal proceedings in respect of the Inspections in the courts of The Netherlands.
22 Restrictions
22.1. Inspections can only be carried out on the locations of our truck-time premium dealers.
23 Report advice
23.1. You are strongly advised to discuss the findings within the Report with the seller prior to making any decision to purchase the Vehicle. If You have not viewed the Vehicle personally, You must ensure that the Vehicle’s cosmetic appearance and specification is satisfactory and suitable for your needs and expectations. We suggest You do so by viewing and checking the Vehicle yourself if possible, prior to making your purchasing decision.
Schedule
Fair Processing Notice Using your personal information
Truck-Time.com will use your personal information to provide the Inspection You have requested and for administration and research purposes. Truck-Time.com may also use your personal information to prevent and detect fraud. Unless You have asked us not to do so, Truck-Time.com may contact You by post, email, telephone, SMS or other means about products and services offered by Truck-Time.com and/or selected partners which we think may be of interest to You.
Truck-Time.com may disclose your information to other people and organisations to enable Truck-Time.com to provide the Inspection You have requested or where legitimately required for legal or regulatory purposes including prospective legal
proceedings. Occasionally these organisations may be outside Europe in countries that do not have the same standards of protection for personal information as Belgium or the Netherlands. By giving us your details You consent to such disclosure. Truck-Time.com will always use reasonable efforts to ensure sufficient protection is in place to safeguard your personal data as required by the Data Protection Act 1998.
Truck-Time.com may monitor and record communications with You (including phone conversations and emails) for quality assurance and compliance reasons. Where You give us information on behalf of someone else, You confirm You have their consent to do so and that they consent to the use of their personal information in accordance with this fair processing notice.