Terms and conditions.

Article 1. Contracting party and scope

1. KVSS Logistics is a trade name of KV SMART SOLUTIONS BV, a private limited company under Belgian law, with registered office at Turnhoutsebaan 96 bus 1, 2390 Malle, company number 1038.437.062, RPR Antwerpen, afdeling Antwerpen, hereinafter "KVSS". All assignments are legally concluded exclusively with and performed by KV SMART SOLUTIONS BV, whatever name appears on the quote, the correspondence or the vehicle.
2. These terms apply to every quote, assignment and agreement concerning transport, storage, container service, handling and related services. They take precedence over the purchasing conditions of the customer unless KVSS has expressly accepted those in writing.
3. KVSS supplies businesses only. By placing an assignment the customer declares to be acting for professional purposes.

Article 2. Quotes and formation of the agreement

1. Quotes are valid for 30 days unless stated otherwise. They are based on the information provided by the customer: nature, number, weight and dimensions of the goods, loading and unloading place, and desired period.
2. The agreement is formed when KVSS confirms the assignment in writing (including by email or WhatsApp) or starts performing it.
3. If the actual details differ from those provided, KVSS may adjust the price and the planning.

Article 3. Prices

1. All prices are in euro and exclusive of VAT. An all-in rate per container covers the services listed in the quote.
2. Not included unless stated otherwise: costs of customs inspections and formalities, demurrage and detention charged by the shipping line or terminal due to circumstances beyond the control of KVSS, waiting time at the loading or unloading place exceeding one hour attributable to the customer or the consignee, tolls and levies introduced after the quote date, and insurance of the goods at full value.
3. In the event of a demonstrable increase in fuel prices, wages or levies of more than five percent after the quote date, KVSS may adjust the price for future services proportionally, subject to written notice.

Article 4. Transport: CMR Convention

1. All transport services, national and international, are performed under the provisions of the Convention on the Contract for the International Carriage of Goods by Road (CMR, Geneva, 19 May 1956) and its subsequent protocols. For national transport within Belgium the CMR Convention applies by virtue of the Belgian Act of 3 May 1999 on the carriage of goods by road.
2. The liability of KVSS for loss of or damage to the goods and for delay is limited in accordance with articles 17 to 29 CMR, including the limit of 8.33 special drawing rights (SDR) per kilogram of gross weight missing or damaged.
3. The customer ensures a correct consignment note, packaging that withstands normal transport risks, and timely availability of the goods. Reservations upon delivery are noted on the consignment note; visible damage is reported at the latest upon delivery, non-visible damage within seven days, in accordance with article 30 CMR.
4. Container haulage covers collecting and delivering containers at terminals in the port of Antwerp, including booking time slots. KVSS is not liable for delay caused by terminals, shipping lines, customs or release procedures.

Article 5. Storage and container service

1. Storage of goods is a contract of deposit under Belgian law. Container service covers collecting the container, stripping it, storing the goods, loading at pick-up and returning the empty container, as described in the quote.
2. On inbound receipt KVSS checks the number of packages and the external condition of the goods and, at the customer's request, records them photographically. This record serves as evidence of the condition on receipt. KVSS does not check the contents of closed packages.
3. The customer remains the owner of the goods and warrants their suitability for storage. Dangerous goods (ADR), perishable goods, excise goods, live animals and goods whose possession is unlawful are not accepted without prior written agreement.
4. Pick-ups take place on call, at the agreed times, after notification by the customer to the KVSS point of contact. Goods are released only to the customer or to a person or carrier designated by the customer in writing.
5. The liability of KVSS for loss of or damage to stored goods is limited to proven direct damage, with a maximum of 10,000 euro per event and 250 euro per pallet or package, unless the damage results from intent or gross negligence of KVSS. The customer insures the goods at full value, unless the customer asks KVSS in writing to take out goods insurance at the customer's expense.

Article 6. Obligations of the customer

1. The customer provides in good time all information and documents needed for performance: release, packing list, weights, customs status, contact details of the consignee, and any special instructions.
2. The customer is responsible for the accuracy of that information and indemnifies KVSS against all consequences of incorrect or incomplete information, including fines, demurrage, detention and damage to equipment.
3. The customer warrants that the goods are free of third-party rights that could hinder performance, and that the customer is entitled to dispose of the goods.

Article 7. Payment

1. Invoices are payable within 30 days of the invoice date to the account stated on the invoice, unless agreed otherwise. Disputes are notified in writing with reasons within eight days of the invoice date; thereafter the invoice is deemed accepted.
2. In case of late payment, interest is due by operation of law and without notice of default in accordance with the Belgian Act of 2 August 2002 on combating late payment in commercial transactions, plus a fixed compensation of 40 euro for recovery costs and, where the actual costs are higher, a reasonable compensation for those costs.
3. In case of non-payment KVSS may suspend further services and request an advance or security for new assignments.

Article 8. Right of retention

KVSS has a right of retention over all goods, containers and documents in its possession as security for all amounts owed by the customer, including from earlier assignments. If payment remains outstanding after a registered notice of default with a 30-day term, KVSS may have the goods sold in accordance with the law and apply the proceeds to the outstanding debt and costs.

Article 9. Force majeure

KVSS is not liable for non-performance or late performance resulting from circumstances beyond its reasonable control, such as strikes, terminal outages, port congestion, extreme weather, accidents, government measures, cyber incidents at third parties or failure of terminal or customs systems. Performance is suspended for the duration of the force majeure. If it lasts longer than 30 days, either party may terminate the assignment without compensation, against payment for the services already provided.

Article 10. Cancellation and termination

1. A scheduled run cancelled less than 24 hours before the agreed loading time is charged at 75 percent of the agreed price, with a minimum of the costs already incurred.
2. Storage of indefinite duration runs until the day the goods are collected; the storage fee is due up to and including that day. If KVSS wishes to end the storage itself, it notifies the customer at least 30 days in advance, after which the customer collects the goods.
3. KVSS may terminate the agreement with immediate effect in case of bankruptcy, manifest insolvency or serious breach by the customer.

Article 11. Liability, general

Outside the cases governed by the CMR Convention and article 5, the liability of KVSS, on whatever basis, is limited to the price of the assignment concerned. KVSS is never liable for indirect damage such as loss of production, loss of profit, third-party fines or reputational damage, except in case of intent or gross negligence.

Article 12. Subcontracting

KVSS may entrust performance in whole or in part to subcontractors holding the required licences. KVSS remains the customer's contracting party.

Article 13. Personal data

KV SMART SOLUTIONS BV processes personal data of the customer and its staff as data controller, solely for the performance of the assignment and compliance with legal obligations, as described in the privacy policy on kvss-logistics.be.

Article 14. Severability

If a provision of these terms is void or unenforceable, the remaining provisions continue to apply in full. The void provision is replaced by a valid provision that comes as close as possible to its intent.

Article 15. Language, applicable law and competent court

1. Dutch is the governing language of the agreement. Translations, including the English version of the website, are provided for information only; in case of discrepancy the Dutch text prevails.
2. Belgian law applies to all agreements, without prejudice to the mandatory provisions of the CMR Convention.
3. Disputes fall under the exclusive jurisdiction of the courts of the district of the registered office of KV SMART SOLUTIONS BV, without prejudice to article 31 CMR for international transports.