GENERAL CONDITIONS
These General Conditions of Carriage apply to all contracts of carriage concluded between Aas Belgium (better identified in Article 1), and any person wishing to make use of the services of sending goods, hereinafter referred to as the “Sender”. The term “Parties” refers to both Aas Belgium and the Shipper. Unless otherwise provided for in the agreement or by applicable law, the contract of carriage between the Parties as well as our General Terms and Conditions and the regulations found on our website https://www.aasbelgium.be are governed by the law of the country where the goods are shipped. Any dispute arising out of or in connection with this contract shall be subject to the jurisdiction of the courts of the country where the goods are shipped.
These General Terms and Conditions may only be deviated from by means of a written agreement signed by the Parties.
These General Conditions exclude any General Conditions mentioned in documents issued by the Shipper, even if these documents are dated later.
AAS Belgium reserves the right to amend and/or supplement these General Conditions at any time for future services, without giving the Shipper personal notice and without the Shipper being able to claim any compensation whatsoever. In the event of modification, the General Conditions applicable to the current contract shall be those in force on the date of conclusion of the contract.
ARTICLE 1 – IDENTITY OF AAS Belgium
There are as many identities of AAS Belgium as there are AAS Belgium Agencies, each of which has its own legal existence and acts under the brand name “AAS Belgium” at its own address.
ARTICLE 2 – SERVICES
AAS Belgium acts as a forwarding agent for freight forwarding services, i.e. mail, air freight and sea freight, hereinafter referred to as the “Shipment”.
AAS Belgium also provides a shopping service for Shippers, hereinafter the “Shopping Service”.
AAS Belgium reserves the right to refuse any new Shipment if the Shipper still owes AAS Belgium outstanding debts that are due and payable.
In the event of the Shipper’s insolvency or in the event of an outstanding debt, even under previous contracts between the Parties, AAS Belgium is entitled to suspend the performance of its obligations until the Shipper has repaid in full any outstanding debt owed to AAS Belgium

ARTICLE 3 – REFUSAL TO SHIP, REJECTION OF SHIPMENTS AND LIMITATIONS
AAS Belgium reserves the right to refuse, withhold, cancel, postpone or return any goods at any time where AAS Belgium considers that such goods would cause damage or delay to equipment, other goods or persons.
AAS Belgium reserves the right to refuse certain goods such as, but not limited to, pornographic or obscene items, human bodies, organs or parts of human bodies, dead or living animals, firearms or explosives, money, cheques, travellers cheques or other negotiable instruments, jewellery, postal orders, identity documents, etc.
AAS Belgium reserves the right not to handle dangerous goods as well as to refuse those that are determined to be dangerous by national and international laws and provisions such as the technical instructions of the International Civil Aviation Organization (ICAO), the regulations of the International Air Transport Association (IATA) or the International Maritime Dangerous Goods (IMDG) code. The goods are taken over without verification of their contents and condition. Therefore, the fact that AAS Belgium accepts to transport goods does not imply that these goods comply with national and international laws and regulations. It is the Shipper’s responsibility to ensure that his goods comply with national and international laws and regulations. It is also the Shipper’s responsibility to provide a full description of the goods on the consignment note or on any document accompanying the Shipment. The Shipper’s responsibility is not extinguished by the provision of this description.
Neither the verification of the particulars provided nor the verification of the weights declared by the Shipper shall be binding on AAS Belgium. However, AAS Belgium, or any competent authority, has the right to verify the content of the Shipment. The Shipper agrees that the Shipment may be opened and its contents inspected.
The Shipper warrants that the goods are packaged to ensure proper carriage with regard to ordinary care in handling.
The Shipper agrees that his Shipment may be grouped with those of other Shippers.
GENERAL CONDITIONS AAS Belgium ARTICLE 4 – SHIPPING AND DELIVERY
AAS Belgium shall have complete freedom to determine the manner and means by which the Shipment is transported. The Shipment may be transported via any transit point that AAS Belgium considers appropriate.
Although the AAS Belgium Shipment is understood to be “Deposit to Deposit”, the AAS Belgium Agency may, upon payment of an additional fee, deliver a Shipment to the Consignee named on the waybill or to any other person appearing to have authority to accept delivery of the Shipment on behalf of the Consignee (such as a person on the same premises as the Consignee or a neighbour of the Consignee). In the event of refusal of the Shipment by the Consignee or failure of the Consignee for any reason whatsoever, the Sender shall bear all costs relating to such refusal and/or failure including, without limitation, storage of the goods, change of destination or repatriation.
Where it is impossible, for whatever reason, to obtain a physical address for the consignee, it shall be deemed that the consignee automatically elects domicile at the address of the AAS Belgium Agency of destination.

Unless otherwise agreed in advance and in writing, beyond a period of fifteen clear days the Shipper shall pay AAS Belgium storage costs. For air freight, these costs are EUR 0.05 (five euro cents) per kilo of goods concerned and per day with a minimum of EUR 5.00 (five euros). For sea freight, the charge shall be EUR 5.00 (five euros) per cubic metre of goods concerned for each indivisible period of seven days with a minimum of EUR 50.00 (fifty euros). In the case of road freight, or multimodal freight, these costs shall be calculated on the basis of the higher of the two values. These costs are payable for both storage pending shipment and storage pending collection. If AAS Belgium has to store the Shipment for more than three months after the planned date of availability or, in the event of non-availability, within three months of the planned date of availability, the customer will be deemed to have abandoned the goods, AAS Belgium therefore becomes the owner of the goods by right without any action being required on its part and AAS Belgium is entitled to dispose of the goods as it sees fit. This transfer of ownership does not in any way extinguish all of the customer’s responsibilities towards AAS Belgium, in particular its financial commitments.
All information necessary for the delivery (name, first name, postal address, etc. of the recipient) must be clearly indicated on the delivery note. If for any reason the information required for delivery is entered on the consignment note by a third party, whoever that person may be, it will nevertheless be the responsibility of the Sender to check that this information is completely accurate. AAS Belgium cannot be held responsible for the consequences, of any nature whatsoever, which may result from an error contained in this information. All costs inherent in these consequences shall be borne by the Shipper.
The fact that AAS Belgium informs a customer of the status of its goods remains a discretionary power which can in no way create a precedent, it is up to the customer to enquire of the AAS Belgium agents authorised in this respect about the said status.
Unless otherwise agreed in advance and in writing, AAS Belgium does not guarantee delivery times. The mere mention by the Shipper of a delivery time is indicative and in no way commits AAS Belgium.
ARTICLE 5 – PRICE AND PAYMENT
For accounting purposes, any amount due for transport must necessarily be paid in the AAS Belgium Agency of dispatch and/or in the AAS Belgium Agency of destination.
All invoices are payable prior to the Shipment when the consignment note is signed. However, if payment is not made prior to the Shipment, the invoice must be paid within ten days of its dispatch to the Shipper, which shall be deemed, in the absence of proof to the contrary, to have been sent on the date of the invoice. All amounts due paid in cash are portable and non-severable.
No discount will be granted for payment before the due date.
The Prices are exclusive of VAT. VAT, as well as all other possible duties, taxes, contributions and indirect impositions, present and future, which may be levied by the competent authorities following or in application of the Shipment, are always the responsibility of the Shipper and may be claimed in addition to the price.

If for any reason whatsoever, including as a result of a decision of a customs or other authorised authority, or as a result of a failure by the Shipper, the Consignee or a third party to provide the appropriate documentation or any licence or permit required in connection with the Shipment any duties, taxes, fines, costs or expenses whatsoever are imposed or incurred, they shall be charged to the Consignee or third party and, in the absence of payment by the latter, it shall be incumbent on the Shipper to pay the amount in question upon written request by AAS Belgium. The Shipper undertakes to be held jointly and severally liable with these persons.
Any sum not paid on the due date shall automatically entitle the Shipper, notwithstanding Articles 1230 & 1231 of the Civil Code and without prior notice of default, to the payment of a fixed indemnity of 15% of the amount of the sum due with a minimum of EUR 100.00 (one hundred Euros) as well as interest on arrears at the annual rate of 12%, with the interest for each month commenced being due in full.

These amounts are intended to cover the economic and administrative damage suffered, without prejudice to the right of AAS Belgium to prove the existence of greater damage, AAS Belgium is entitled to be reimbursed, if necessary, the various costs incurred for any reminder.
AAS Belgium has a lien on all transported goods for freight, customs duties, advance payments and all other charges resulting from the transport. AAS Belgium also has a right of retention on the goods and, after a formal notice has remained unanswered for fifteen days, is entitled to sell them and to use the proceeds of the sale to cover its costs in full.
In the event of cancellation of a Shipment by the Shipper for any reason whatsoever, the Shipper undertakes to pay AAS Belgium compensation equivalent to 10% of the value of the Shipment, with a minimum of EUR 25.00 (twenty-five euros), without prejudice to AAS Belgium’s right to prove the existence of a greater loss.
ARTICLE 6 – LIABILITY
If AAS Belgium is unable to commence or continue the transport of the Shipper’s Shipment for a reason beyond the control of AAS Belgium, AAS Belgium shall not be in breach of the contract concluded with the Shipper, but shall take all measures that can reasonably be taken in these circumstances to commence or continue the transport. By way of example, but without being exhaustive, the following events are considered to be beyond the control of AAS Belgium Agency: failure of the freight forwarder, disruption of air, sea or road transport due to adverse weather conditions, fire, flood, war, hostilities, civil unrest, acts of government or any other act of God, acts of government or any other authority including, without limitation, customs, industrial action or obligations affecting AAS Belgium or any other party, events which may result in the endangerment of or serious threat to the property, vehicles or employees of AAS Belgium or its agents and subcontractors.
AAS Belgium can only be held liable for its mistakes and negligence in the performance of its mission if these have caused direct material or financial damage to the Shipper, to the exclusion of any indirect damage, in particular economic damage. AAS Belgium can only be held liable if it can be proven beyond doubt that it is directly responsible for the damage. It therefore assumes no liability if the damage suffered is due, even if only in part, to force majeure or to the fault of a third party or the Shipper.

Just as AAS Belgium gives the sender a period of three months before declaring the goods abandoned, AAS Belgium will have a period of three months to carry out all useful and necessary searches, both internally and with its third party service providers, before declaring a shipment definitively lost. This period may be reduced at discretion if AAS Belgium considers that it has made every effort to find the said shipment without result.
Subject to the preceding paragraphs, AAS Belgium limits its liability for any loss or damage to the Shipment or any part thereof to the following extent:
* – If the carriage of the Shipment is in whole or in part by air and involves a final destination in a country other than the country of departure, the Warsaw Convention of 12 October 1929 for the Unification of Certain Rules Relating to International Carriage by Air, the Warsaw Convention of 12 October 1929 as amended by the Hague Protocol of 28 September 1955 or the Montreal Convention of 28 May 1999 for the Unification of Certain Rules for International Carriage by Air, shall apply. These international treaties govern and limit the liability of AAS Belgium for loss or damage to the Shipment to 17 SDR* per kilo.
* If the Shipment is transported by sea and involves a final destination in a country other than the country of departure, the Hague Rules of 25 August 1924, with its Hague-Visby Protocols and the Hamburg Rules of 31 March 1978 (United Nations Convention on the Carriage of Goods by Sea), will apply. These international treaties govern and limit the liability of AAS Belgium for loss or damage to the Shipment to 2 SDR* per kilo or 666.66 SDR* per package. The lower value will be taken as the maximum compensation.
* If the Shipment is transported by road in, to or from a country that is a party to the Convention on the International Carriage of Goods by Road signed in Geneva on 19 May 1956 (CMR), AAS Belgium’s liability for loss of or damage to the Shipment is governed by the CMR and is limited to 8.33 SDR* per kilo. If AAS Belgium transports the Consignment to a country which is not a member of the CMR convention, or between two countries which are not members of the CMR convention, the liability of AAS Belgium for loss of or damage to the Consignment shall be deemed to be governed by the CMR and is therefore limited to 8.33 SDR* per kilo.
* If the Shipment is transported by rail to or from a country that adheres to the UC-IM [Uniform Rules concerning the Contract for the International Carriage of Goods by Rail (Appendix B to the COTIF Convention)], these international uniform rules govern and limit the liability of the AAS Belgium Agency for loss or damage to the Shipment, in the case of a courier shipment at 23.00 €/KG with a maximum of 750.00 €/package, in the case of a wagon shipment at 17 SDR* per kilo.

* If none of the above provisions apply and AAS Belgium has an obligation to the Shipper for any reason whatsoever, including but not limited to breach of contract, negligence, wilful default or wilful omission, AAS Belgium’s obligation to the Shipper in respect of loss, damage the improper provision/delivery or failure to provide/deliver the Shipment or the affected part is at all times limited to the lesser of the market value of the Shipment at the time of carriage and the cost of repairing the Shipment or the affected part, subject in each case to a limit not exceeding EUR 17.00 (seventeen euros) per kilo, or EUR 10. 000.00 (ten thousand euros) per Shipment.

In the event of a delay for which the Shipper can prove to AAS Belgium that he has suffered direct material or financial loss, to the exclusion of any indirect damage, in particular economic damage, the liability of AAS Belgium is limited to the reimbursement of the amount paid by the Shipper for the transport of the Shipment concerned or of the delayed part, and this only in the event that it is demonstrated in an indisputable manner that the responsibility for the delay lies solely with AAS Belgium
AAS Belgium undertakes to ensure that once the goods have arrived in its warehouses, they are covered by a “fire and water damage” insurance policy in the broadest sense (infiltration, flooding, etc.) up to the actual value of the goods, it being understood that the proof of this value remains the responsibility of the customer who is obliged to provide all documents that make the said value indisputable. It is also understood that a maximum limit of intervention per parcel and per customer in the context of such a claim shall not exceed EUR 25,000.00 (twenty-five thousand euros) per Shipment. If the customer considers that this value is not sufficient, the customer undertakes to ask AAS Belgium to increase the insured value, it being understood that the possible additional cost of the premium will be invoiced to the customer.
If the sender does not expressly request special insurance cover for his consignment, the above conditions will be strictly applicable. Proof of a request for insurance cover shall be at the customer’s expense. An oversight, a malfunction or a refusal by the insurer being always possible, the goods will only be recognised as effectively insured when the customer is in possession of the insurance certificate. If for any reason the said certificate has not been received, it is the responsibility of the customer to inform AAS Belgium so that the latter can investigate the situation.
The withdrawal of goods with or without the signature of the consignment note entails de facto a transfer of responsibility from AAS Belgium to the customer, thus cancelling any form of compensation, including for goods covered by insurance. It is therefore imperative, in the event of damage, that a joint report of default be drawn up at the time of collection.
SDR = Special Drawing Rights The value of the SDR in dollars is determined daily and posted on the IMF website. It represents the sum of the share of each of the currencies in the basket (the US dollar (41.73%), the euro (30.93%), the Chinese renminbi (RMB) (10.92%), the Japanese yen (8.33%) and the pound sterling (8.09%)) established on 1 October 2016 for a period of 5 years expressed in dollars and calculated on the basis of the exchange rate quoted each day at noon on the London market. Its official rate is updated on a daily basis in both US dollars and EURO. AAS Belgium will be entitled to reimburse the damage in the currency of its choice. For more information on the SDR we advise you to follow the link: www.imf.org/fr/About/Factsheets/Sheets/2016/08/01/14/51/Special-Drawing-Right-SDR
ARTICLE 7 – CLAIMS
The signature of the consignee or the person authorised to take delivery of the goods on the transport note renders any subsequent claim against AAS Belgium or one of its partners inadmissible.
Any apparent damage or shortcoming found must be declared immediately on the transport note, and a detailed report in due form will complete the file. In order to be admissible, any claim of any kind must be addressed to AAS Belgium by registered letter within 14 days of the finding of deficiency. If the Consignee fails to take delivery of the Consignment, the 14-day period shall begin when the Consignment is made available to the person entitled to receive delivery. If this 14-day period is not respected, no further action may be taken against AAS Belgium, in particular with regard to the liability of AAS Belgium or one of its partners.

ARTICLE 8 – SHOPPING SERVICE
At the request of a Shipper, AAS Belgium may purchase, in the name and on behalf of the Shipper, goods and then transport them to the place of provision indicated by the Shipper.
All clauses contained in these General Terms and Conditions shall apply to the Shopping Service insofar as they do not conflict with this clause. In case of contradiction, this clause shall prevail over the other clauses.
The Shopping Service shall be invoiced to the Shipper in addition to the transport, the Price of which shall be calculated on the basis of Article 5 above.
The Price of the Shopping Service is determined by adding the purchase price of the product excluding VAT and a commission, the amount of which is clearly stated on the order form drawn up by AAS Belgium.
The procedure set up to use the Shopping Service is as follows:
– The Shipper orders goods from AAS Belgium; – AAS Belgium issues a pro-forma invoice; – Upon receipt of payment from the Shipper, the pro-forma invoice is validated; – AAS Belgium issues the final invoice.
As AAS Belgium does not carry out any verification of the goods purchased in the name and on behalf of the Shipper via the Shopping Service, AAS Belgium cannot be held responsible for the conformity of the said goods with the goods ordered or for their good condition or quality.
AAS Belgium is dependent on the stocks and delivery times of the suppliers from whom the goods are purchased in the name and on behalf of the Shipper, so that AAS Belgium cannot be held responsible for any delays in the provision of the goods.
ARTICLE 9 – WEBSITE ACCESS LICENCE
The services provided by AAS Belgium as described in article 2 of these General Conditions are accessible on the website https://www.aasbelgium.be/, which is the property of AAS Belgium.
AAS Belgium grants a limited licence to access and use the https://www.aasbelgium.be website for the personal use of the Sender. Under no circumstances does this confer the right for the Shipper to download or modify all or part of the Website without the prior written consent of AAS Belgium.
This licence does not allow any other use, in particular commercial use, of the Website or its content (products, descriptions, prices, data, software, sound extracts, graphics, images, photographs).
All elements of this Website, whether audio or visual, including the technology used, remain the property of AAS Belgium and are protected by copyright, trademark law or patent law.
ARTICLE 10 – INTELLECTUAL PROPERTY
All texts, graphics, photographs or other images, icons, software, video clips, logos, slogans, trade names and all other content displayed on the AAS Belgium Website are the result of the creative activities of AAS Belgium and its creative collaborators. AAS Belgium wishes to inform the Sender of its exclusive ownership of these works.
Any (re)use of computer data, search engines and any use of the trademark and service mark is strictly prohibited. These data are created for information purposes when Shippers place their orders on the Website. Any (re)use, reproduction, capture, modification, transmission, demonstration, publication, sale, licence, advertising, distribution or exploitation for commercial purposes of these contents as well as press articles concerning AAS Belgium and its franchises must obtain the prior written consent of AAS Belgium before being implemented. The rights to store data and texts are reserved solely by AAS Belgium. The intellectual property of all these contents is protected by regional and national laws and international conventions on intellectual property.

ARTICLE 11 – PROTECTION OF PRIVACY WITH REGARD TO THE PROCESSING OF PERSONAL DATA
In accordance with the law of 8 December 1992 on the protection of privacy with regard to the processing of personal data, the processing of nominative information collected on the Website has been declared to the Commission for the Protection of Privacy. The Shipper has the right to access, modify, rectify and delete data concerning him at any time by writing to AAS Belgium.
By transmitting any personal data to AAS Belgium, the Shipper grants AAS Belgium the right to use such data for the purpose of enabling it, or its agents or subcontractors including in countries which would not grant the same level of data protection as that of the country in which the Shipment is presented for carriage to AAS Belgium, to perform its obligations in accordance with the relevant consignment note and these General Conditions. In particular, the Shipper consents to AAS Belgium’s right to communicate to customs, or any competent authority, the data of the Shipment, including personal information if such communications are necessary for customs clearance, and customs may record and use such data, for customs and security purposes, as part of the requirements of the customs clearance process. The Sender also grants AAS Belgium the right to disclose its data to any of its agents, subcontractors or business partners and confirms that AAS Belgium may do the same with the data of the Consignee.
With respect to any data communicated by the Sender concerning a Consignee or a third party related to the Shipment, the Sender warrants that it has complied with applicable data protection laws, including that it has obtained the necessary consents and authorisations to communicate such data to AAS Belgium and to process such data by AAS Belgium for the performance of the Shipment.
In relation to the Sending, AAS Belgium may use the services of agents and/or subcontractors and such data shall be transferred to them solely for the performance of the services in relation to the Sending and in accordance with these General Terms and Conditions.
Further information on the protection of privacy with regard to the processing of personal data can be obtained from the Commission de la Protection de la Vie Privée (Privacy Commission) located at B-1000 Brussels, rue Haute 139.
ARTICLE 12 – INVALIDITY
If one of the clauses of these General Terms and Conditions is held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, this shall not affect the validity of the other clauses of these General Terms and Conditions, which shall remain fully applicable.
The fact that AAS Belgium does not avail itself at a given time of one of the clauses of these General Conditions shall not constitute a waiver of its right to avail itself of these same clauses at a later date.
ARTICLE 13 – COMPETENT COURT AND APPLICABLE LAW
All contracts concluded between the Parties as well as these General Terms and Conditions shall be governed exclusively by the law of the country in which the sending AAS Belgium Agency or its correspondent is located.
Any dispute concerning the existence, performance and interpretation of the contracts concluded between the Parties as well as any dispute concerning the existence, performance and interpretation of these General Terms and Conditions shall be subject to the exclusive jurisdiction of the Courts of the city in which the sending AAS Belgium Agency or its correspondent is located.

Legal information:

Identity and contact details of the publisher responsible for the site

Company name: Aas Belgium

Legal form: Legal entity

Postal address of the registered office: Avenue Clemenceau 67
1070 Anderlecht

Telephone: +32 (0)2 307 86 16

Mail: info@aasbelgium.be

ECB number (Crossroads Bank for Enterprises): 0748.963.625

VAT number: BE0748.963.625