Terms and Conditions of Carriage

1.Laws that apply to transport

• International road transport is governed by the CMR Convention.
• Transport within the Netherlands is governed by the General Transport Conditions 2002 (AVC 2002).
• Where these terms and the CMR or AVC conflict on a mandatory point, the CMR or AVC wins.

2.Our services

Medsure carries pharmaceutical products by road within Europe, as shared loads or full van loads, under processes based on the EU Guidelines on Good Distribution Practice (GDP). Details of each job (route, temperature range, timing) are set out in the order confirmation and, where agreed, in a Quality/Technical Agreement. If that agreement conflicts with these terms on quality matters, the agreement wins.

3.What the client must do

• Give correct and complete details about the goods, their value, temperature range and any special handling.
• Hold, and give Medsure in time, all permits and documents needed for the goods, including export, import and transit permits for controlled medicines.
• Make sure the goods are lawful to ship, properly packed, labelled and ready at the agreed time.
• Make sure the receiver is available to accept the goods at the agreed time.

Medsure may refuse or stop a shipment if documents are missing or wrong, or if carrying it would break the law. The client pays any costs caused by missing or wrong information or documents.

4.Prices and extra charges

Prices are in euros and exclude VAT, duties, taxes and cargo insurance unless stated. Unless agreed otherwise:

• Free waiting time is 1 hour at loading, 1 hour at unloading and 2 hours in total at customs. Extra waiting is charged per started hour at the rate in the quote.
• Extra overnight stops caused by the client, the receiver or customs delays are charged at the rate in the quote.
• Loading or delivery outside weekday working hours may carry a surcharge.
• A fuel surcharge may apply if fuel prices rise above the level agreed in the quote.

5.Cancellation

If the client cancels after 12:00 on the working day before loading, Medsure may charge 50% of the agreed price. If the client cancels on the day of loading, or the van arrives and cannot load, Medsure may charge up to 100%.

6.Payment

Invoices must be paid within 30 days of the invoice date, without deduction or set-off. If payment is late, Medsure may charge statutory commercial interest and reasonable collection costs.

7.Liability

Medsure’s liability for loss of, or damage to, goods is limited to the limits of the CMR (currently 8.33 Special Drawing Rights per kilogram of gross weight) or the AVC 2002, whichever applies. Liability for delay is limited to the freight price. Medsure is not liable for indirect or consequential loss, such as lost profit, except where the law does not allow this limit.

A higher limit only applies if the client declares a higher value or special interest in writing before the shipment, and pays the agreed extra charge. We strongly advise clients to insure high-value goods.

8.Claims

Visible loss or damage must be noted on the delivery document at delivery. Hidden loss or damage must be reported in writing within 7 days of delivery (excluding Sundays and public holidays). Delay must be reported in writing within 21 days of delivery. Temperature deviations must be reported as soon as the receiver notices them, with the logger data.

9.Temperature records and complaints

Medsure records the temperature during each trip and can provide the data to the client. Complaints about our service can be sent to info@medsure.eu. We confirm receipt within 2 working days and aim to resolve them within 30 days.

10.Force majeure

Medsure is not liable for delays or failures caused by events outside its reasonable control, such as extreme weather, road closures, strikes, border closures, government action or serious traffic accidents.

11.Confidentiality and data

Both parties keep each other’s business information confidential. Personal data is handled under our Privacy Policy.

12.Law and courts

Dutch law applies. Disputes go to the competent court in The Hague, unless the CMR gives a different court jurisdiction.

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