Transporter Liability And Claims

Thank you for confirming your role as the transporter. Here are key rights and obligations that pertain to you under the "Belgian Freight Forwarders Standard Trading Conditions":
- **Article *.***: Liability as a principal when issuing transport documents or performing carriage under own means.
- **Article ***: Right to retain, store, or sell goods if undelivered.
- **Article ***: Right to suspend duties if the customer fails obligations.
- **Article ***: Non-liability for indirect or consequential damages.
- **Article ***: Liability as a carrier under national laws and international conventions.
Is there a specific clause or situation you need more information on?

Thank you for clarifying your role as the transporter. Based on the "Belgian Freight Forwarders Standard Trading Conditions," here are the instances when the transporter is liable for damages:
- **Article ***: Liable for fault, negligence, or omission in performing duties.
- **Article ***: Limited liability to €* per kg of goods lost/damaged, max €*,* per contract.
- **Article ***: Liable as a carrier under relevant national and international laws.
Is there a specific clause or situation you need more information on?

Thank you for your detailed query. Based on the "Belgian Freight Forwarders Standard Trading Conditions," once the delivery note (Proof of Delivery - POD) is signed, the customer's ability to claim damages is generally limited, but not entirely eliminated. Here are some key points:
- **Article ***: Any claims for damages must be made in writing within 14 days of delivery.
- **Article ***: Liability actions must be initiated within six months.
- **Article ***: Transporter is not liable for indirect or consequential damages.
Is there a specific clause or situation you need more information on?

"Transporter is not liable for indirect or consequential damages" means that the transporter is not responsible for losses that are not directly caused by their actions. These can include:
- Loss of profits
- Business disruption
- Any other financial loss that results indirectly from the transporter's actions or omissions
Is there a particular situation related to this clause you need more information on?

"Liability actions must be initiated within six months" means that any legal claims for damages against the transporter must be filed in court within six months from the date the goods were delivered, should have been delivered, or the event causing the claim occurred. After this period, claims will be time-barred.
Is there any other aspect of your situation you need clarity on?

Thank you for your patience. Based on the "Belgian Freight Forwarders Standard Trading Conditions," here are the key points:
- **Article ***: Claims must be made in writing within 14 days of delivery.
- **Article ***: Legal claims must be initiated within six months of delivery.
If a demand note is issued after five months without prior communication, it might not meet these requirements.
Do you need more details on a specific clause or situation?

If the customer does not initiate a court action within six months from the delivery date or the event causing the claim, the claim will be time-barred. This means the customer loses the legal right to pursue the claim in court due to the expiration of the prescribed time limit.
Is there any other detail or clause you need help with?

Certainly! Here's a concise draft for your letter:
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[Your Company Logo]
[Your Company Name]
[Your Address]
[City, Postal Code]
[Email Address]
[Phone Number]
[Date]
[Recipient's Name]
[Recipient's Company]
[Recipient's Address]
[City, Postal Code]
Subject: Rejection of Claim Due to Lack of Timely Communication
Dear [Recipient's Name],
We acknowledge the receipt of your claim dated [Date of Claim].
According to the "Belgian Freight Forwarders Standard Trading Conditions," specifically Article * and Article *, claims must be communicated within 14 days of delivery, and legal actions must be initiated within six months of delivery.
As your claim was submitted five months post-delivery without prior communication, we regret to inform you that we cannot accept your claim.
Thank you for your understanding.
Sincerely,
[Your Name]
[Your Position]
[Your Company Name]
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Please review and modify to suit your specific needs.