Terms & Conditions

General terms and conditions of sale and delivery of Sigreda B.V., with its registered office at Veenmolstraat 11, 2520 Ranst, Belgium.

Article 1 – Definitions of Terms

    1. In these general terms and conditions, Freight Indicators means: Sigreda B.V.
    2. In these general terms and conditions, Customer is defined as: any natural person and/or legal entity who has purchased goods or services and/or with whom Freight Indicators is or has been negotiating the delivery of goods and/or services.

Article 2 – Applicability

  1. These general terms and conditions apply to all legal relationships between Freight Indicators and a Customer.
  2. The applicability of the Customer’s general terms and conditions is expressly rejected.
  3. If any provision of these general terms and conditions and/or the agreement between Freight Indicators and the Customer does not have binding force, is found to be void, not legally valid, unenforceable, unenforceable or unbinding, it shall apply without prejudice to the other provisions of these general terms and conditions. general terms and conditions and/or the agreement. Freight Indicators and the Customer will agree on a replacement provision that, in terms of content and scope, most closely approximates the void, invalid, unenforceable, unenforceable or non-binding provision, given the intentions of Freight Indicators and the Customer. time when the agreement was concluded.
  4. If Freight Indicators does not always require strict compliance with these general terms and conditions, this does not mean that their provisions do not apply or that Freight Indicators’ right to other risks of loss, damage or depreciation passes to the Customer.
  5. Freight Indicators is entitled to deliver in parts (partial deliveries), which partial deliveries can be invoiced separately. In that case, the Customer is obliged to pay in accordance with the provisions of Article 6 of these conditions.
  6. The Customer is obliged to purchase the goods at the time they are offered to the Customer. If the Customer refuses or is negligent in providing the information or instructions necessary for delivery, Freight Indicators is entitled to invoice the goods in question and in that case to store the goods at the expense and risk of the Customer.
  7. Specified delivery times will not be regarded as final delivery times, unless otherwise agreed in writing. In the event of late delivery or exceeding the delivery time, Freight Indicators must be given written notice of default.
  8. If Freight Indicators requires information from the Customer for the execution of the agreement, the delivery time will not commence earlier than the moment at which the Customer has made the information correctly and completely available to Freight Indicators.
  9. If during the execution of the agreement it appears that it is necessary to change or supplement the agreement for its proper execution, the parties will in that case adjust the agreement in a timely manner and in mutual consultation. If the nature, scope or content of the agreement, whether or not at the request or on behalf of the Customer, is changed and the agreement is therefore changed in qualitative and/or quantitative terms, this may also have consequences for what was originally agreed. The originally agreed amount can be increased or decreased through an amendment. Freight Indicators will provide a quote in advance as much as possible. In addition, an amendment to the agreement may change the originally specified performance period. The Customer accepts the possibility of changing the agreement, including changes to the price and execution period.

Article 5 – Deviations in Delivered Goods

  1. The usual and/or reasonable deviations in the industry do not entitle the Customer to replacement, compensation or any other right.

Article 6 – Payment and Collection costs

  1. Payment must be made without discount or settlement in the currency stated on the invoice, by transfer to the account indicated on the invoice.
  2. The Customer must pay the invoice amounts to Freight Indicators no later than 15 calendar days after the invoice date, unless expressly agreed otherwise between Freight Indicators and the Customer. The payment term of 15 calendar days after the invoice date, or another agreed term, can be regarded as the final payment term. In the event of late or incomplete payment, the Customer owes Freight Indicators interest of 2% per month or part of a month, whereby part of a month counts as a full month, calculated on the (remaining) invoice amount from the invoice date. due date up to and including the day of full payment.
  3. Objections to the amount of the invoice do not suspend the payment obligation. If the Customer believes that the invoice is incorrect, the Customer must inform Freight Indicators of this in writing and with reasons within 8 calendar days of the relevant invoice date, under penalty of forfeiture of the right to dispute the accuracy of the invoice.
  4. All costs associated with the collection, including judicial and extrajudicial costs, will be borne by the Customer. The extrajudicial costs are set at an amount of at least 15% of the amounts due in the principal sum, with a minimum of € 400.
  5. Every payment made by the Customer first serves to settle the interest owed and subsequently to settle the costs associated with the collection, with the exception of legal costs. Only after payment of these amounts will any payment made by the Customer be deducted from the outstanding claims in the principal amount. Freight Indicators reserves the right to refuse delivery if there is any doubt about the Customer’s creditworthiness, or for other commercial reasons. Freight Indicators always has the right, even during the execution of the agreement, to suspend the fulfillment of its obligations until the Customer, at the request of Freight Indicators, has provided security for the fulfillment of the Customer’s payment obligation. In addition, Freight Indicators is also entitled to require security from the Customer for future deliveries.

Article 7 – Retention of Title

  1. The right of ownership of the purchase will only be transferred to the Customer after the Customer has fulfilled all obligations towards Freight Indicators to pay the purchase price of the goods delivered or yet to be delivered, or the services provided or yet to be delivered. are provided and the interest, costs and fees associated therewith.
  2. However, the customer has the right to dispose of the goods in the context of his usual business operations. Furthermore, the Customer is not entitled to pledge the goods or establish any other right thereon. The Customer is obliged to inform Freight Indicators immediately if third parties seize or assert rights on the goods owned by Freight Indicators.
  3. The Customer must always do everything that can reasonably be expected of the Customer to safeguard the ownership rights of Freight Indicators.
  4. The Customer is obliged to insure the goods delivered under retention of title and to keep them insured against fire, explosion damage and water damage as well as against theft and to allow Freight Indicators to inspect the policy of this insurance upon first request. In the event of a possible payment from the insurance, Freight Indicators is entitled to these funds. To the extent necessary, the Customer undertakes in advance to cooperate in anything that may prove necessary or advisable in that context.
  5. The Customer gives Freight Indicators irrevocable and unconditional permission to enter the places where Freight Indicators’ property is located and to collect these goods, after Freight Indicators has invoked its retention of title. If Freight Indicators has invoked its retention of title, the Customer is also obliged to return the goods owned by Freight Indicators at Freight Indicators’ first request at its expense and in good condition. The Customer forfeits a fine equal to 5% of the invoice amount of the goods in question for each day that the Customer remains in default. This financial penalty does not affect any other rights of Freight Indicators. After the return, the Customer will be credited with the market value, which will in no case be higher than the original invoice amount, less accrued interest, costs and penalties.
  6. In addition to the retention of title referred to in Article 7, paragraph 1, the Customer undertakes to reserve the goods delivered by Freight Indicators at the first request of Freight Indicators and, if necessary, to establish a non-possessory lien on the goods delivered by Freight Indicators. Freight Indicators under retention of title, as security for all existing and future claims of Freight Indicators on whatever grounds. If Freight Indicators cannot invoke its retention of title because the delivered goods have been mixed, deformed or traced, the Customer is obliged to pledge the newly composed goods to Freight Indicators at Freight Indicators’ first request.

Article 8 – Right to Complaint

  1. Complaints regarding the delivered goods, insofar as these complaints relate to damage arising during transport, will only be processed by Freight Indicators if the transport has been (pre)paid by Freight Indicators and this has been notified in writing to Freight Indicators will be delivered within 3 calendar days after delivery of the goods. Other complaints will only be processed if they are reported in writing to Freight Indicators within 14 calendar days of delivery. After this period has expired, the Customer is deemed to have found the delivered goods to be in good order.
  2. If Freight Indicators considers the complaint to be justified, Freight Indicators is only obliged to replace or repair the defective goods, without the Customer being able to assert any right to compensation.
  3. Returning the delivery, for whatever reason, can only take place after prior written permission from Freight Indicators and in accordance with Freight Indicators’ shipping instructions.
  4. Goods delivered by Freight Indicators about which a complaint has been rightly submitted in accordance with the provisions of this article will only be taken back by Freight Indicators if and insofar as the goods are in the packaging and in the original packaging. condition in which the goods were delivered.
  5. Incorrectly ordered goods that are part of the standard delivery package of Freight Indicators can be returned in consultation at the expense of the Customer and, provided the goods are in the original packaging and undamaged, will be credited after deduction of a payment of 20 % for administration costs.
  6. Goods manufactured specifically for the Customer cannot be returned.
  7. A complaint does not suspend the Customer’s payment obligation.

Article 9 – Involvement of Third Parties

  1. Freight Indicators is entitled to engage third parties in the execution of the agreement. If Freight Indicators engages a third party in the execution of the agreement, Freight Indicators is not liable for any errors by these third parties. If such a third party wishes to limit its liability, Freight Indicators is entitled to accept this limitation of liability also on behalf of the Customer.

Article 10 – Liability

  1. Neither Freight Indicators, nor its directors or employees are liable for damage related to goods and services supplied or to be supplied by it, regardless of the basis of the liability, with due observance of the following. This will only be different if the Customer proves that the damage was caused by intent or deliberate recklessness on the part of Freight Indicators or its management staff.
  2. Any liability of Freight Indicators for injury/damage to persons or goods is limited to the amount paid out in the relevant case under the general business liability insurance taken out by Freight Indicators, plus the amount of the deductible that is not charged of the insurer under the relevant policy conditions.
  3. If the business liability insurance does not pay out for any reason, Freight Indicators’ liability is limited to the invoice amount of the goods that caused the damage.
  4. Liability for indirect damage, including consequential damage, damage due to delays and loss of profit, is expressly excluded.
  5. Any legal claim for compensation for damage is excluded after a period of one year and expires no later than three years after the day on which the Customer became aware of the damage and the natural person or legal entity became liable for it.
  6. The Customer indemnifies Freight Indicators against any claims from third parties who suffer damage in connection with the execution of the agreement and the cause of which is attributable to parties other than Freight Indicators.
  7. Communications by or on behalf of Freight Indicators regarding the quality, composition, treatment in the broadest sense, applications and properties, etc. of the goods only apply as a guarantee if they are made in writing and expressly in the form of a guarantee.
  8. The Customer is obliged to strictly follow the instructions regarding the manner of storage and handling of the delivered goods. Any liability of Freight Indicators lapses if the Customer does not comply with this obligation or if the Customer does not submit a complaint in time in accordance with the provisions of Article 8.
  9. When applying or processing goods, the relevant manufacturer’s instructions must be followed. The Customer is obliged to take measures to limit the damage caused as much as possible. Freight Indicators’ liability lapses if the Customer fails to comply with the above obligations.
  10. Actual product performance of the goods may differ from the product performance report carried out by Freight Indicators. Freight Indicators is not liable for any form of damage, loss, failure or substandard performance of the products, unless malfunctions and/or defects logically arose before Freight Indicators delivered the relevant product(s) to the Customer.
  11. Freight Indicators is not liable for damage or loss resulting from temperature fluctuations after using thermal packaging products sold by Freight Indicators.

Article 11 – Termination and Suspension

  1. All claims of Freight Indicators are immediately due and payable in full if one or more of the following situations occur: if the Customer does not fulfill the Customer’s obligations, does not do so on time or does not fully comply; B. if Freight Indicators has good reason to fear that the Customer will not fulfill the Customer’s obligations; C. in the event of liquidation or (application for) bankruptcy or suspension of payments of the Customer, if the Customer has offered an (extrajudicial) arrangement to its creditors outside bankruptcy or suspension of payments, or if the Customer, for whatever reason, loses or is likely to lose the will lose control over the Customer’s assets or part thereof. D. if, due to the delay on the part of the Customer, Freight Indicators can no longer be expected to execute the agreement under the originally agreed conditions.
  2. In the cases referred to in paragraph 1, Freight Indicators has the right to terminate or suspend the agreement with immediate effect, without prejudice to Freight Indicators’ right to compensation and without being obliged to pay any (damage) compensation.

Article 12 – Force Majeur

  1. Freight Indicators is not obliged to fulfill any obligation if it is prevented from doing so as a result of a circumstance that is not its fault and for which it is not attributable under the law, a legal act or according to general rules. A failure by Freight Indicators to fulfill any obligation towards the Customer will not be attributed to Freight Indicators if a circumstance occurs that is beyond the control of Freight Indicators, as a result of which the fulfillment of obligations towards the Customer is prevented in whole or in part or as a result of which Freight Indicators cannot reasonably be expected to fulfill its obligations. Force majeure occurs in the event of failure of suppliers or other business relations of Freight Indicators, strike actions or work stoppages, (unforeseen) government measures, terrorist attacks or a concrete threat thereof, war, fire, environmental disasters, power failures. , computer viruses, the temporary unavailability or insufficient availability of hardware, software and/or internet connection or other telecommunications connections, which are necessary for the execution of the agreement, as well as any other situation over which Freight Indicators cannot exercise decisive influence.
  2. If Freight Indicators cannot fulfill its obligations under the agreement or cannot fulfill them on time due to force majeure, those obligations will be suspended as long as Freight Indicators cannot fulfill its obligations. If the situation referred to in the previous sentence has lasted 30 calendar days, both parties have the right to terminate the agreement in whole or in part in writing. In that case, Freight Indicators is not obliged to compensate any damage, even if Freight Indicators enjoys any benefit as a result of the force majeure situation.
  3. If Freight Indicators has already partially fulfilled its obligations when the force majeure occurs, or can only partially fulfill its obligations, it is entitled to invoice the part already delivered or deliverable separately and the Customer is obliged to pay this invoice as if it concerns a separate agreement. However, this is not the case if the delivery already made has no independent value.

Article 13 – Personal Data

  1. Freight Indicators processes personal data, as described in its privacy statement, which can be found at www.freightindicators.be/privacy-policy/

Article 14 – Applicable Law and Disputes

  1. Belgian law applies to all disputes arising from a legal relationship to which these general terms and conditions apply. All disputes that may arise between Freight Indicators and its customers, for which no solution can be reached by mutual agreement, will be submitted exclusively to the court of Antwerp, Antwerp location.

Article 15 – Location and Amendment of The General Terms and Conditions

  1. These conditions can also be stated in the Dutch language. In the event of a dispute about the content or meaning and effect, the Dutch text will always determine its interpretation.
  2. Freight Indicators is entitled to unilaterally change these general terms and conditions. These changes bind the Customer after they have been announced to the Customer and in any case one month after the effective date determined by Freight Indicators.
    Ranst, January 15, 2024