GENERAL TERMS AND CONDITIONS - GROUP MARTENS (TM & ILS)
Version 2025
1. Payment
Allinvoices are payable within 30 days of the invoice date, unless otherwise agreed in writing.
In the event of non-payment by the due date, interest on arrears shall be payable , ipso jure and without notice of default, equal to the ECB reference interest rate increased by 7 percentage points, rounded up to the higher half percentage point.
If no payment has been made sixteen (16) days after a registered reminder has been sent, the outstanding balance shall be increased by a lump-sum compensation of 10%, with a minimum of EUR 125 and a maximum of EUR 4,000, to cover administrative costs, debtor follow-up and commercial nuisance.
2.Administrative and contractual provisions
Disputesregarding invoices must be notified in writing within a period of eight (8) calendar days from invoice date to be valid. Failing this, the invoice shall be deemed uncontested and final.
3.Acceptance of terms and conditions
By:
- accepting or signing an order form, delivery document, contract or invoice,
- or by authorizing the execution of an order,
the customer accepts these general terms and conditions in full. These terms and conditions replace all previous versions. Deviations are only valid if confirmed in writing and in advance by Group Martens.
4.Liability
GroupMartens is only liable for its own proven errors and never for indirect damage such as loss of profit, delay, production stoppage, damage to image or consequential damage.Where Group Martens provides services as a carrier, warehouseman or customs representative, the specific sector terms and conditions always apply, such as:
- CMR Convention for international road transport,
- AVC 2002 for national road transport,
- FENEX/Value Added Logistics terms and conditions for storage and additional logistics services,
- General rules of customs representation for customs services.
In the event of contradiction, these specific terms and conditions take precedence over the present general terms and conditions.
5.Force majeure
GroupMartens shall not be liable in cases of force majeure or circumstances beyond its reasonable control, such as strikes, fire, technical failures, government measures, third-party delays or exceptional traffic conditions.6. Suspension and dissolutionIn the event ofnon-payment or serious indications of insolvency, Group Martens has the right to:
- suspend pending orders,
- hold goods on lien,
- or dissolve the contract immediately,
without any compensation being due.
7.Disputes & competent court
Alldisputes fall under the exclusive jurisdiction of the courts of the district of Turnhout.
Belgian law applies to all contracts and services.
