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Upon request the General terms & conditions can also be provided in Dutch, German or French.
General conditions
I.
Definition and Scope of the Contract
Article 1
Unless otherwise agreed these Conditions shall be applicable to any form of service provided by the Freight Forwarder.
Article 2
In these Conditions:
• Customer: is the Freight Forwarder’s Principal at the instructions of whom and on behalf of whom the Freight Forwarder provides services, information or advice,
whether gratuitous or for reward.
• Freight Forwarder: RTChem
• Service: is any instruction to forward goods offered, accepted for performance, or performed by the Freight Forwarder, and any related act, any information or
advice in respect thereof.
• Goods: are all and any goods including their packaging, entrusted to the Freight Forwarder by the Customer. Such goods include all and any merchandise as well as
all and any titles or documents that represent or may represent such goods.
• Owner: is the owner of the goods to which the service provided by the Freight Forwarder pertains.
• Third parties: are any non-contracting parties, in particular any natural or legal persons whom the Freight Forwarder deals with in the performance of his duties.
Article 3
As a Freight Forwarder, RTChem’s duties consist of, inter alia, forwarding goods either in it’s own name or in it’s Principal’s name, but always on the latter’s behalf, and pursuant
thereto in providing all and any such services as may be necessary in respect thereof, performing all and any required formalities and concluding any such agreements as are
necessary for such purpose.
Article 4
These Conditions do not imply any waiver of any right by RTChem and they cannot give rise to a more extensive liability than that to which RTChem would be subject pursuant to
any legislation or regulation applicable in addition to these Conditions.
Article 5
The Customer warrants that the goods entrusted by him to RTChem under his instructions are his property or that as an authorized agent of the owner he has the right of control
of such goods, and that consequently he accepts these Conditions not only for himself but also for and on behalf of his Principal and for and on behalf of the owner.
II.
Formation and Performance of the Contract
Article 6
Unless otherwise agreed, or unless an event constituting force majeure arises beyond the Freight Forwarder's control, an offer made by the Freight Forwarder shall be valid for 3
months.
Article 7
The Customer shall undertake to supply to RTChem, in advance and not later than at the time of confirmation of the order, any useful information including, but not limited to, the
nature of the goods, the method of shipment, the place of taking over and delivery, and the required route and procedure, and in particular any information which the Principal
may be presumed to have at his disposal as anufacturer, merchant, owner or consignor of the goods, and which may ensure their preservation, shipment, taking over at the place
of departure and delivery at the place of destination.
Article 8
RTChem shall not be presumed to examine the correctness of the particulars or the information given by the Customer or the authenticity or regularity of the documents furnished
by the Customer. Such information shall be accepted in good faith.
Article 9
In the absence of precise instructions to the contrary or special agreements, RTChem shall be at liberty in his choice of means to be used to organise and perform the services to
the best of his abilities according to normal business practice.
Article 10
In the performance of his duties, RTChem may employ third parties, servants and agents who show normal professional qualifications.
Article 11
RTChem shall be entitled to suspend the performance of his duties if the Customer fails to fulfil or insufficiently fulfils his obligations in any way.
In the event of force majeure, the Contract shall remain in force. RTChem’s duties shall, however, be suspended for the duration of the event constituting force majeure.
In case of specific duties, or activities that are uncommon, particularly time-consuming or that require specific effort, additional fees may be charged at any time. All additional
costs caused by force majeure shall also be borne by the Principal.
III.
Payment
Article 12
All invoices are payable in Drongen within 30 days of invoice date, in the currency quoted in the invoice. RTChem reserves the right to depart from the usual 30-day term of
payment in certain cases. We will charge all payments to the oldest outstanding invoice. In the event of a failure to pay by the due date, delay interest will fall due immediately,
ipso jure and without formal notice, equivalent to the bill rate of the National Bank of Belgium plus 2%, as of the invoice date. Complaints in respect of the invoice must be
submitted by recorded delivery within 8 days of receipt of the invoice. All costs and char arising from the collection of our invoices are payable by the debtor.
Article 13
Complaints in respect of the invoice must be submitted by registered mail within 14 days of receipt of the invoice. All costs and charges arising from the collection of our invoices
are payable by the debtor.
IV.
Customer’s Duties and Liability
Article 14
The Customer shall undertake and accept liability for the following:
• That his instructions and his description of the goods are complete, correct and accurate;
• That the goods to be entrusted by him to RTChem shall be made available in time, completely and in a useful way, that they are loaded, stowed, packed and marked
in accordance with the nature of the goods, the place of receipt or destination, and for the purposes for which they are entrusted to RTChem;
• That all documents submitted to RTChem by the Customer are complete, correct, valid, authentic and not improperly prepared or used;
• That he will examine all documents submitted by RTChem upon receipt and that he will verify whether they are in accordance to the instructions given to RTChem.
Article 15
The Customer shall be liable to RTChem and he shall indemnify him at his first request:
• Against any damage and/or loss resulting from the nature and the packaging of the goods, the incorrectness, inaccuracy or incompleteness of instructions and
information, the non-delivery or untimely delivery of the goods to the RTChem at the agreed time and place of receipt, the failure to provide, or timely provide,
documents and/or instructions, and the fault or negligence in general of the Customer and of the third parties employed by him;
• Against any damage and/or loss, costs and expenditure which is claimed from RTChem by authorities, third parties or servants and agents, for whatever reason,
with regard to the goods, any damage, expenditure, costs, duties, claimed directly or indirectly as a result of the service provided on the instructions of the Customer,
unless the Customer shows that such claim was directly caused by a fault or negligent act or omission for which only the RTChem is liable;
• Against any damage and/or loss, costs and expenditure which is claimed from RTChem in cases where, under Community or national laws and regulations, he is
under any personal and/or joint and several liability for the payment or settlement of customs duties and/or other taxes.
V.
The Freight Forwarder’s Duties and Liability
I.
Provisions common to Agents and Principals
Article 16
Complaints in respect of the invoice must be submitted by recorded delivery within 14 days of receipt of the invoice. All costs and charges arising from the collection of our
invoices are payable by the debtor.
Article 17
RTChem shall not be liable for damage or loss as a result of theft of goods in his possession, custody or control, unless the Customer shows that the theft took place as a result of
circumstances which RTChem, in view of the Contract with the Customer, should have avoided or which he should have foreseen, provided that the risk of theft is not for the
account of the goods under local regulations or business practice.
Article 18
RTChem shall not be liable for any indirect loss or damage, including economic loss or damage, consequential loss or damage and immaterial loss or damage.
II.
Liability of RTChem acting as Agent (art. 3.1)
Article 19
All invoices are payable within 30 days of invoice date, in the currency quoted in the invoice. RTChem reserves the right to depart from the usual 30-day term of payment in certain
cases. We will charge all payments to the oldest outstanding invoice. In the event of a failure to pay by the due date, delay interest will fall due immediately, ipso jure and without
formal notice, equivalent to the deposit rate of the European Central Bank plus 2%, as of the invoice date.
Complaints in respect of the invoice must be submitted by recorded delivery within 8 days of receipt of the invoice. All costs and char arising from the collection of our invoices are
payable by the debtor.
Article 20
RTChem shall not be liable for the performance of any contract entered into by him for and on behalf of his Customer with third parties, servants or agents, pertaining to storage,
transport, customs clearance or the handling of goods, unless it is shown by the Customer that the defective performance thereof was directly caused by RTChem’s fault.
Article 21
RTChem does not guarantee any fixed time or date for delivery, dates of arrival and departure, unless otherwise previously agreed in writing. The indication of a time or date for
delivery by the Principal is not binding upon RTChem.
III.
Liability of RTChem acting as Principal (art. 3.2)
Article 22
RTChem shall be liable as a carrier in the cases provided for in article 3.2. His liability shall be determined according to national law and the international conventions applicable to
the mode of transport concerned.
VI.
Prescription and Extinction of Right
Article 23
All operations and activities occur at the expense of the constituent.
Article 24
The Freight Forwarder shall not be liable for damage caused by an event constituting force majeure, including, but not limited to, war, riots, strikes, lockouts, boycotts, work
congestion, scarcity of cargo or weather conditions.
Article 25
The Freight Forwarder shall not be liable for damage or loss as a result of theft of goods in his possession, custody or control, unless the Customer shows that the theft took place
as a result of circumstances which the Freight Forwarder, in view of the Contract with the Customer, should have avoided or which he should have foreseen, provided that the risk
of theft is not for the account of the goods under local regulations or business practice.
Article 26
The Freight Forwarder shall not be liable for any indirect loss or damage, including economic loss or damage, consequential loss or damage and immaterial loss or damage.
Article 27
The Freight Forwarder shall not be responsible for the lack of or bad result of any instructions to collect money, unless this is proved to have been caused by gross negligence.
Article 28
The Freight Forwarder shall perform his duties with reasonable care, dedication and perception, and he shall be under a duty of normal professional performance of the
instructions given to him.
Article 29
The Freight Forwarder's liability shall be limited to that for fault, negligence or omission in the performance of the instructions given to him.
To the extent that such fault, negligence or omission has caused any direct material damage or financial loss to the Customer or third parties, the Freight Forwarder shall be
entitled to limit his liability to € 5 per kilogramme gross weight of the goods lost or damaged, with a maximum of € 25,000 per contract.
Article 30
The Freight Forwarder shall not be liable for the performance of any contract entered into by him for and on behalf of his Customer with third parties, servants or agents,
pertaining to storage, transport, customs clearance or the handling of goods, unless it is shown by the Customer that the defective performance thereof was directly caused by the
Freight Forwarder’s fault.
Article 31
The Freight Forwarder does not guarantee any fixed time or date for delivery, dates of arrival and departure, unless otherwise previously agreed in writing. The indication of a time
or date for delivery by the Principal is not binding upon the Freight Forwarder.
Article 32
The Freight Forwarder must be given notice in writing of any claim for damages as against him, with reasoned grounds, within 14 days from either the delivery of the goods or the
sending of the goods.
Any potential liability of the Freight Forwarder shall be extinguished automatically and definitively when the Customer has retaken delivery of the documents pertaining to a
specific operation within the framework of services after the performance thereof without having formulated a reasoned reservation not later than on the 10th day after the
sending of these documents by the Freight Forwarder.
Article 33
The conditions established in the Dutch language have the right of way over English, French or German translations which are only given for the information.
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