TERMS & CONDITIONS FOR ASSIGNMENTS TO SURVEYORS, SHIPPING LINES, CHARTERERS AND SHIPOWNERS GLOBAL CARGO CARE.
Article 1 – General
1.1 Unless expressly otherwise agreed upon in writing, these conditions shall apply to all offers, tenders, assignments and contracts, as well as to the execution of assignments by Global Cargo Care B.V., as well as to anything that might arise as a result of or in connection with those offers and/or assignments.
1.2 If the principal refers to his own general conditions at the conclusion of the contract, Global Cargo Care B.V., rejects those conditions, except in the case where Global Cargo Care B.V., expressly declares in writing that it accepts those conditions.
1.3 Global Cargo Care B.V has the right to use the name and company logo of the clients for commercial purposes.
Article 2 – Assignment
An assignment shall only relate to the matter specified in it; consequences for any other matter cannot be attached to it.
Article 3 – Agreement of assignment Contract
3.1 The contract shall have been concluded only after the principal has received a written acknowledgement of the assignment from Global Cargo Care B.V., in which a specification is given of the survey, loading or unloading of cargo.
3.2 Alterations in the contract shall be binding only if they have been confirmed and/or agreed to in writing by Global Cargo Care B.V.,
Article 4 – Obligations on the part of Global Cargo Care B.V.
Global Cargo Care B.V., shall carry out the assignment accepted by it to the best of its knowledge and ability, accurately and impartially, as to be expected from an unbiased cargo superintendent/surveyor and intermediary.
Article 5- Experts
5.1 If and inasmuch as deemed necessary by Global Cargo Care B.V., for the proper execution of its assignment, they shall be entitled to obtain the assistance of one or more experts.
5.2 Inasmuch as this is customary, the experts shall be appointed by Global Cargo Care B.V., only after consultation with the principal; the fees of these experts shall be chargeable to the principal.
Article 6 – Confidentiality
Global Cargo Care B.V., is bound to observe secrecy towards third parties in respect of all information brought to or having come to its knowledge in connection with the assignment, as well as in respect of the contents of its report to the principal.
Article 7 – Conditions for the execution of an assignment
The principal shall see to it that the assignment can take place under such conditions as rendered reasonably necessary by the nature of the assignment.
Article 8 – Information furnished by the principal
8.1 Upon giving the assignment, or as soon as possible afterwards, the principal shall furnish Global Cargo Care B.V., with all data and information required for the proper execution of the assignment.
8.2 Global Cargo Care B.V., must be able to assume that the information received is correct and complete.
Article 9 – Premature termination
9.1 Global Cargo Care B.V., shall be entitled to terminate, for urgent reason of its own, the further execution of the already accepted assignment, without being bound to indemnify damage and/or loss possibly sustained by the principal in consequence of it.
9.2 The principal shall indemnify the Global Cargo Care B.V., for the expenses already incurred and for the activities already carried out, with respect to which the stipulations of clause 13 shall apply.
Article 10 – Termination and annulment
Global Cargo Care B.V., is entitled to terminate its activities at instant notice and to annul the not yet executed part of the contract by means of a written statement to the principal, without any judicial interposition being required, and without prejudice to its right to compensation of expenses, damage and/or loss and interest:
Article 11 – Report
In conclusion of the execution of the assignment, Global Cargo Care B.V., shall submit a written report to the principal describing its findings. Whenever this is deemed necessary by Global Cargo Care B.V., or agreed between parties, Global Cargo Care B.V., shall submit an interim report to the principal.
Article 12 – Termination and retention duty
The activities of Global Cargo Care B.V., shall end (except in case of premature termination as described in clause 10) with the submission of the final report relating to the assignment accepted by Global Cargo Care B.V., Global Cargo Care B.V., shall retain all data, correspondence, documents and such-like records that have a bearing on the acceptance and the execution of the assignment for a period of seven years after the submission of the report; other material objects relating to the subject of the assignment shall not need to be retained by Global Cargo Care B.V., for more than twelve months after the submission of the report.
Article 13 – Payment
13.1 Unless otherwise agreed and confirmed by Global Cargo Care B.V., payment shall be made, without any deductions, by deposit into or remittance to the (postal) bank account specified by Global Cargo Care B.V., within 15 days after the invoice date. The settlement date mentioned on the bank’s statement of account is the determining one and shall thus be deemed to be the date of payment. Global Cargo Care B.V., has the right to demand at all times advance payment, cash payment or security for the payment. In the event of non-payment or late payment by the principal, then the principal must settle, with the exception of the invoice fee, all consequential debt collection costs and statutory interest incurred due to said non-payment or late payment to Global Cargo Care B.V., If one of the circumstances specified in clause 10, paragraph 1 occurs, the principal shall be legally in default by the mere occurrence of one of the aforementioned circumstances. In that case all debts due to Global Cargo Care B.V., by the principal shall mature immediately.
13.2 Flex grid GCC package: client will be invoiced the daily fee for the chosen package, started at the time of purchase monthly afterwards, for a minimum period of 6 months. The client is free to update the GCC flex grid package at any time. Once upgraded, a new commitment term of 6 months will start. If necessary, the client can downgrade the package with a minimum of 3 months’ notice, before the ending of the commitment term. Otherwise, a new commitment term will start for 6 months for the package(s) at that time.
Article 14 – Complaints, questions or remarks
All complaints, questions or remarks regarding invoices or our services must be made within 8 days of invoice date.
Article 15 – Liability
Global Cargo Care B.V., shall never be liable towards the principal if the assignment complies with the provisions of clause 4; this subject to the further provisions of this clause and those of clause 16. Except for liability on the part of Global Cargo Care B.V., by virtue of imperative legal stipulations and generally accepted rules of reasonableness and fairness, Global Cargo Care B.V., shall not be liable for, and thus never be bound to, indemnify mediate or immediate damage and/or loss of whatever nature, sustained directly or indirectly, including business interruption loss in respect of movable or immovable property, or by persons both at the principals and at third parties in consequence of:
Article 16 – Limitation of liability and time bar
16.1 Any liability on the part of Global Cargo Care B.V., shall be limited in all cases. To the amount of the fee and expenses charged, or to be charged by Global Cargo Care B.V., to the principal, but shall never be in excess of the amount paid out in the case in question under the professional liability insurance of Global Cargo Care B.V., however, will not exceed a maximum amount of € 10.000,-. Any concurrence of assignments shall in this connection be deemed to be one single case.
16.2 Any claims against Global Cargo Care BV., shall be barred by limitation 3 months after the date of submission of the report to the principal.
Article 17 – Applicable law and disputes
17.1 All offers, tenders, assignments and contracts, as well as the execution of assignments by Global Cargo Care B.V., shall be governed by Dutch law.
17.2 All disputes, both of factual and of legal nature, arising from or connected with the contract to which these conditions apply, including disputes that are deemed to be disputes by only one of the parties, shall be settled by arbitration, in conformity with the rules of the Nederlands Arbitrage Instituut (Dutch Arbitration Institute).
17.3 This arbitration clause does not eliminate the right of parties to apply, in cases of urgency, to the president-judge of the district court for summary proceedings, in which connection the only competent president-judge is the one of the district court having jurisdiction over the area where Global Cargo Care B.V., in question is established, and to proceed to obtaining a garnishee order and the ways to maintain same.
17.4 This arbitration clause does not eliminate either the right of Global Cargo Care B.V., to apply to the competent civil judge demanding payment of an invoice and the interest and collecting charges related to it, in case the term of payment of an invoice in accordance with clause 13 is exceeded, in which connection the only competent civil judge is the one of the court of civil judicature having jurisdiction over the area where Global Cargo Care B.V., in question is established, inasmuch as the legal provisions allow this.
17.5 The right of Global Cargo Care B.V., to bring the dispute before the president judge of the district court or the civil judge who is competent in accordance with the normal competence regulations, is left intact by the provisions of paragraphs 3 and 4 of this clause.
THESE TERMS & CONDITIONS HAVE BEEN REGISTERED WITH THE CHAMBER OF COMMERCE, THE NETHERLANDS.