Conditions

By accepting and executing our transport order, you agree to the terms and conditions below and guarantee that you can comply with these terms and conditions.

1. The company must possess the following valid documents:

1. Transport License (NIWO License)
   • Valid and registered in the name of the company.
2. Insurance Policy
   • Current carrier liability insurance, coverage in accordance with CMR/AVC conditions.
   • Proof of Insurance premium payment must be available.

2. Conditions Regarding Subcontracting and Freight Exchange Platforms

1. Prohibition of resale via freight exchange platforms
   
   It is strictly prohibited to offer or trade our transport orders, in whole or in part, via freight exchange platforms (such as freight marketplaces or similar systems).
   Violation of this provision will result in an immediately payable penalty of €45,000 per individual violation, without the need for prior notice or warning.
   Parties explicitly waive the right to request mitigation of this penalty, as far as legally permitted.
   This penalty does not affect Braanker’s right to claim full compensation for damages in addition to the penalty.
   
   
2. Prohibition of subcontracting without prior consent
   
   It is not permitted to subcontract transport orders to third parties without our explicit written consent.
   Violation of this provision will result in an immediately payable penalty of €10,000 per individual violation, without the need for prior notice or warning.
   Parties explicitly waive the right to request mitigation of this penalty, as far as legally permitted.
   This penalty does not affect Braanker’s right to claim full compensation for damages in addition to the penalty.
   
   
3. Conditions for approved use of third parties
   

   If it is agreed that the assignment will not be carried out with own equipment but subcontracted to a third party, the following conditions apply:

   a. The third party must be a know and trusted partner of your company, with prior collaboration.
   
   b. The following aspects must be verified before deployment:
   
   c. Whether a transport company is actually operating at the stated business address.
   
   d. The company must possess the following valid documents:

1. Transport License (NIWO License)
• valid and registered in the name of the company.
2. Insurance Policy
• current carrier liability insurance, coverage in accordance with CMR/AVC conditions,
• with proof of premium payment.

Failure to comply with the above conditions will result in full liability being assigned to you in the event of theft or damage.

3. Reliability

We expect a neutral and punctual service. The company must ensure that the vehicle is manned by a sufficiently qualified driver, considering the nature of the transport.
Qualified means at least:

• Possession of necessary professional competence, including Code 95 endorsement.
• Immediate reporting of any issues such as delays, waiting time, damage, etc.

4. Compliance with Laws and Regulations

The carrier must comply with applicable laws and regulations.

Must adhere to the provisions of the German Mindestlohngesetz (MiLoG).

The transport is fully subject to CMR rules and complies with all national and official European regulations.

Each vehicle must comply with European legislation.

The company must comply with EU rules regarding cabotage transport (as laid out in Regulation (EC) No. 1072/2009).

5. Equipment

The equipment must be clean, dry, and odor-free.

The carrier is responsible for using a trailer equipped with sufficient lashing points (eyes) in the floor, in accordance with VDI 2700 ff standards. If not met, Braanker Transport B.V. reserves the right to cancel the order without being charged.

The carrier must ensure proper load securing using suitable and approved lashing materials, in accordance with applicable regulations and/or legislation.

The driver is jointly responsible for proper stowage and securing of the load on the truck, in accordance with Article 45bis: “Loading of vehicles: specific regulations for vehicles of group C.”

The carrier must therefore have sufficient tension straps, chains, and anti-slip mats (depending on the load) to secure the cargo.

Regarding tension straps, we require at least one strap per linear meter of loading floor.

The carrier must also comply with the obligation to wear prescribed personal protective equipment and follow safety instructions applicable on third-party premises.

6. Vehicle Security Requirements

The vehicle used must meet security class category 4, level B3, in accordance with applicable standards and guidelines for transport security as defined by Dutch CCV/Kiwa SCM standards.
This classification means the vehicle is equipped with advanced security measures to protect against theft, burglary, and unauthorized access.

Braanker Transport B.V. assumes that the vehicle deployed by the charter operates in accordance with the applicable security class.

If it is later found that this was not the case, all liability and/or resulting damages rest entirely with the charter, without any recourse against Braanker Transport B.V.

7. ADR (Transport of Dangerous Goods)

If the transport involves ADR:
By accepting this transport order, the carrier declares full compliance with applicable international laws and regulations regarding the transport of dangerous goods (ADR).

The carrier acknowledges that all required safety checks, document controls, and other obligations arising from ADR legislation fall under their legal responsibility.
This includes possession of the correct permits, equipment, trained personnel, and proper administrative handling.

8. Customs

The data on the customs document must always be checked for accuracy before departure from the loading location.
Any discrepancies must be reported immediately.
Customs document number(s) must always be noted on the CMR.
When submitting documents at customs or the unloading address, this must be mentioned and signed on the CMR.

9. Invoicing

Please send the invoice and the POD/signed VVA/CMR digitally to: invoice@braanker.com 
Invoices will only be paid after receipt of a fully signed and stamped consignment note and/or CMR.