General conditions

General (continued)

1a. To the exclusion of the provisions governing payment contained in subsection 2 of this Article, the provisions contained in Article 18 of these Terms and Conditions govern all payments in respect of assignments that we give and work that we perform.

1b. Notwithstanding the provisions contained in subsection 2 of this Article with respect to disputes, only the provisions contained in Article 3 of these Terms and Conditions apply.

2. In addition to these General Terms and Conditions, the following customary standard general terms and conditions and regulations that apply in the relevant sector, or any provisions that replace them, also apply, depending on the nature of the overall assignment, work or other type of performance or any portion thereof that can reasonably be considered independent, insofar as such terms and condition are not deviated from in so many words in these General Terms and Conditions:

Transport and exceptional transport

a. with respect to all our work with respect to international transport by road, the Convention on the Contract for the International Carriage of Goods by Road (the CMR Convention);

b. with respect to all transport activities, either domestic or cross border, as a supplement to the CMR Convention, the most recently amended version of the 2002 General Terms and Conditions of Transport, as filed with the Registry of the District Courts of Amsterdam and Rotterdam, the Netherlands;

c. with respect to all our work related to exceptional transport, which is taken to mean ‘the transport of goods requiring an exemption as a result of the customary legally permitted measurements and/or weights being exceeded or in respect of which an escort is required’, the most recently amended version of the General Terms and Conditions for Exceptional Transport, as filed with the Registry of the District Courts of Amsterdam and Rotterdam;

Stevedore work

d. with respect to all our stevedore work, the most recently amended version of the Rotterdam Stevedore Conditions, drawn up by the Association of Stevedores of Rotterdam (Vereniging van Rotterdamse Stuwadoors) and filed with the Registry of the District Court of Rotterdam;

Physical distribution and storage

e. with respect to all our work within the framework of physical distribution, including unloading, stocking, storing, removal, loading, stock management, handling, assembly, handling of orders, compiling of orders, preparing for shipment, invoicing, exchange of information and management of goods, the most recently amended version of the Physical Distribution Conditions as drawn up by the PD group/TLN and filed with the Registry of the District Courts of Amsterdam and Rotterdam;

Forwarding and customs

f. with respect to all forwarding and customs work, including the performance of air and sea freight work, customs work and all other work, the Dutch Forwarding Conditions (FENEX), as filed with the Registry of the District Courts of Amsterdam, Arnhem, Breda and Rotterdam, the Netherlands;

Lease of immovable property

g. in the event that immoveable property is leased, in each case the parties will conclude a lease that is generally accepted in the Netherlands (such as a lease drawn up in accordance with the model of the Dutch Council for Real Estate Matters (ROZ), a lease drawn up in accordance with the model of the Dutch Association of Real Estate Brokers and Real Estate Experts (NVM) or a similar lease), in respect of which the related general terms and conditions will apply at all times; and

Other

h. if other terms and conditions apply in specific cases, such as the FIATA FBL Bill of Lading Conditions or specific conditions that have been declared applicable by third parties, such terms and conditions will also apply in respect of our relationship with the principal.

3. If the General Terms and Conditions referred to in subsection 2 of this Article are revised, the revised text will apply as from the date on which such revised General Terms and Conditions have been filed. If one or more of the General Terms and Conditions referred to in subsection 2 of this Article are replaced or superseded by standard terms in the manner referred to in Article 6:214 of the Dutch Civil Code (Burgerlijk Wetboek), the standard terms in question will apply as from the date on which the applicability of those terms has been announced in Dutch Government Gazette (Staatscourant).

4. In addition, we are at all times entitled to declare in advance that terms and conditions other than the General Terms and Conditions referred to in subsection 2 of this Article govern a specific assignment, work or other performance.

5. In the event of any dispute between the principal and us regarding which of the terms and conditions referred to in this Article apply or applied, we will be entitled to decide which conditions apply or applied.

1. General
2. General (continued)
3. Legally valid text
4. Order of the performance of work
5. Irregularities
6. Liability in general
7. Liability in general (continued 1)
8. Liability in general (continued 2)
9. Insurance
10. Transport
11. Lease
12. Permits
13. Placement of objects
14. Customs
15. Other activities and liablility
16. Prices and offers
17. Prices and offers (continued)
18. Payment
19. Other provisions
20. Other provisions (continued)
21. Applicable law and disputes

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