PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU.
TERMS AND CONDITIONS R.M.R. Shipping B.V.
(deposited at the court Breda (Netherlands) under number 36/2007)
1. Definitions
“RMR” means R.M.R. B.V. and all other companies that are members of the RMR Group, including any subsidiary company of R.M.R. Shipping B.V.
“Goods” means any property including vehicles, containers, pallets or similar articles of transport or packaging not supplied by RMR, irrespective of whether such property is to be or is carried on or under deck.
“Merchant” means and includes the principal, the shipper, the consignor, the consignee, the holder of the Bill of Lading, the receiver and the owner of the Goods.
“Force Majeure” means all circumstances which RMR could not reasonably avoid and the consequences of which RMR could not reasonably prevent.
2. Validity
These terms and conditions are applicable to all transactions entered into with RMR and apply to all claims against RMR, whether the claim be founded in contract or in tort.
Unless explicitly agreed otherwise in writing, applicability of any general terms and conditions used by the Merchant is excluded. Specific provisions that deviate from these terms and conditions shall not be binding unless they are agreed to in writing, and shall be valid only for those agreements to which they are applicable.
3. Limitations of Liability
All operations and activities shall be at the Merchant’s expense and risk. RMR shall not be liable for any damage whatsoever, unless the Merchant shall prove that the damage has been caused by gross negligence or wilful misconduct on the part of RMR.
RMR’s liability shall in all circumstances be limited to 10,000 SDR per occurrence or series of occurrences with one and the same cause of damage, on the understanding that in the event of damaging, loss of value or loss of the Goods comprised in the order, the liability shall be limited to 4 SDR per kilogram damaged or lost gross weight, the maximum being 4,000 SDR per consignment.
The loss to be indemnified by RMR shall never exceed the invoice value of the Goods, to be proved by the Merchant, in default whereof the market value, to be proved by the Merchant, at the time when the damage has occurred shall apply.
In no event shall RMR or any of its subsidiaries or affiliates be liable for any indirect, special, incidental or consequential loss including but not limited to loss of use, loss of data, loss of business or profits.
RMR shall not be liable for any loss, damage, delay or failure in performance hereunder occurring at any time, arising or resulting from the happening and/or threat and/or after effects of one or more of the following: acts of God, act of war, Force Majeure, quarantine restrictions, embargo, acts of public enemies, thieves, pirates, assailing thieves, hijacking, arrest or restraint, seizure under legal process, act or omission of Merchant, its agent or representative, strikes or lock-outs or stoppage or restraint of labour from whatever cause, partial or general, riots or civil commotions, fire or latent defect.
When RMR establishes that, in the circumstances of the case, the loss or damage could be attributed to one or more causes or events, specified in a – e hereunder, it shall be presumed that it was so caused, always provided, however, that the claimant shall be entitled to prove that the loss or damage was not, in fact, caused wholly or partly by one or more of such causes or events:
a) an act or omission of the Merchant, or person other than RMR acting on behalf of the Merchant or from whom RMR took the Goods in charge;
b) insufficiency or defective condition of the packaging or marks an/or numbers;
c) handling, loading, stowage or unloading of the Goods by the Merchant or any person acting on behalf of the Merchant;
d) inherent vice of the Goods;
e) strike, lockout, stoppage or restraint of labour.
4. Prices
Prices are subject to change without notice. RMR is not responsible for typographical errors.
5. Payment Terms and security
Terms of payment are within RMR’s sole discretion, and unless otherwise agreed to by RMR payment must be received by RMR prior to RMR handing over the bill of lading. Payment must be made without any set-off, counter claim, deduction or stay of execution by wire transfer or cash in the office of RMR in Breda, The Netherlands. Invoices are due and payable within ten days of the date of the invoice. Orders are not binding upon RMR until accepted by RMR. Any quotations given by RMR will be valid for the period stated on the quotation. If the Merchant does not pay the amount due immediately upon notice to that effect or, as the case may be, after lapse of the term of deferred payment RMR shall be entitled to charge the legal interest in conformity with Articles 6:119 or 6:119a Dutch Civil Code. In the event of cancellation or dissolution of the contract, all claims of RMR, with the inclusion of future claims, shall become due and payable forthwith and in full. All claims shall become due and payable forthwith and in full in any case, if:
- the Merchant is involuntarily wound up, the Merchant applies for suspension of payment or otherwise loses the unrestricted disposition over his assets;
- the Merchant offers a settlement to his creditors, is in default of fulfilling any financial obligation owed to RMR, ceases to trade or – where the Merchant is a legal entity or a corporate body – if the legal entity or the corporate body is dissolved.
The Merchant shall by reason of the contract and upon demand by RMR provide security in the form of a bond with sureties for any amount for which the Merchant is or may be indebted to RMR. The Merchant is also so obliged where he already has to provide or has provided security in the form of a bond of sureties in connection with the amount owed.
6. Lien and pledge
RMR shall have a lien and pledge on the Goods, documents and monies and the right to sell the same by public auction or otherwise at his discretion for all freight, charges and expenses of whatever kind and nature due to RMR and also in respect of any previously unsatisfied amounts of the same nature and for the costs and expenses of exercising such lien / pledge and such sale.
7. Clearance at Port of Destination
Arrival times are not guaranteed by RMR. When after 7 days of arrival, at Port of Destination, no payments have been received by RMR, the Merchant hereby authorises RMR’s agent in port of entry to take the Goods out of the harbour into a warehouse. The Goods will be made available to the Merchant after payment of the local clearing costs, warehouse costs as well as the cost of shipment and any other costs. After 14 more days Merchant agrees to forfeiture of the consignment; RMR and/or his agent is then authorized to sell the Goods at its commercial value and to use the proceeds to settle all costs.
8. Shipping Charges / Taxes
Separate charges for shipping and handling will be shown on RMR’s invoice(s). Merchant is responsible for all applicable cost and other taxes associated with the order. If applicable, a separate charge for taxes will be shown on RMR’s invoice.
9. Merchant’s Responsibility
The Merchant shall ensure that the Goods are tendered at the agreed place and time.
The Merchant is always responsible for the vehicle and material(s) belonging or added to the vehicle. The Merchant shall be deemed to have guaranteed to RMR the accuracy, at the time the Goods were taken in charge by RMR, of all particulars relating to the general nature of the goods, their marks, number, weight, volume and quantity and, if applicable, to the dangerous character of the Goods, as furnished by him or on his behalf. The Merchant shall indemnify RMR against all loss, damage and expense resulting from any inaccuracy or inadequacy of such particulars.
RMR shall not be liable for any loss, damage or expense caused by defective of insufficient packing of goods or by inadequate loading, packing or lashing within vehicles or other transport units or by the defect(s) or unsuitability of the vehicles or other transport units and/or Goods supplied by the Merchant. The Merchant shall indemnify RMR against all loss, damage, liability and expense so caused including but not limited to third-party claims, such third parties including servants of both the Merchant and RMR.
The client must pay an additional fee for each inoperable vehicle. If a vehicle is rendered for shipment and later becomes non-operational, the additional fee will be required to be paid, as well as any other charges incurred to accomplish delivery.
10. Methods and route of Transportation
Merchant acknowledges the fact that RMR does not perform any carriage of Goods herself but merely acts as an agent on behalf of Merchant. RMR is never liable for any loss, damage or delay caused by loading or unloading the Goods at any place or port (whether or not such port is named in the document evidencing the contract, if available, as the port of loading or port of discharge) and storage of the Goods at any such place or port.
11. Obligations of the Merchant requiring acceptance in the Port of Shipment
A. Weighbridge:
All vehicles (Vans, trucks, Big Vans, tractors, road- building trucks)
-All vehicles will be weighed at the terminal. ( surcharge weighing fee)
-The terminal operator has to be able to check the declared maximum allowed weights (= vehicle plate data)
In case this info is not available, illegible or damaged, the shipper has to present a copy of a certified document; a conformity certificate, a certificate of registration, an inspection certificate or an other board document.
B. Overloaded vehicles:
Will be rejected for shipment:
Overloaded vehicles, stated by the terminal operator and exceeding the maximum allowed load weight, are put “ON HOLD” for rectification or for removal from the terminal by the shipper.
Storage costs will be charged as from day of delivery to RMR.
The terminal operator is authorised to verify the weight of any other type of vehicle (car, van, etc.) by weighing that vehicle if it is suspected to be overloaded.
C. Mechanical defects:
Will be rejected for shipment.
Vehicles with serious mechanical defects including but not limited to BROKEN AXLES, BROKEN SUSPENSION, BROKEN CLUTCH, NO BRAKES, OIL LEAK(S) OR HEAVY DAMAGE will not be accepted.
D. Stuffing/stripping personal effects
Once the vehicles are delivered on the terminal, any additional stuffing and/or stripping of goods into/from the vehicles by unauthorized persons is not allowed.
This measure is applicable to increase the security level in accordance with International Ship & Port Facility Security Code (ISPS) and the Antwerp Port Labour Regulation.
E. Engine hood/trunk lid:
Has to be accessible – welding or sealing is strictly forbidden.
– In case of discrepancy the VIN number has to be within reach for verification.
– In case of fire, the engine compartment must be accessible for extinguishing.
F. Battery / Fuel (Non Starters)
Has to be accessible at all times. There will be a surcharge when the vehicle is not starting.(e.g. when battery is not accessible) There must be enough fuel in the tank to start the vehicle and drive the vehicle from terminal to ship and from ship to terminal.
G. Passenger seat/door:
Both seats have to remain free / doors have to be unlocked.
No goods, neither personal nor other, can be on or near the passenger seat because of safety reasons. In case of problems during handling operations this door might be the only emergency exit for our employees.
H. Tyres:
All vehicles have to be delivered with tyres on roadworthy condition.
Vehicles delivered with FLAT or HEAVILY DAMAGED tyres will not be accepted for loading.
I. Heavy units:
Has to be self-propelled. All units +3,5 tons (trucks, busses, vans, tractors, road building machines) have to be SELF-PROPELLED and have to be delivered at the terminal in this manner.
J. Tank trucks, tank trailers, loose fuel tanks
Cleaning certificate / gas free certificate has to be provided at delivery.
– Tanks have to be empty and gas free.
– Certificates have to be issued by an approved cleaning company.
K. Cargo stowed inside the vehicles
Lashing and securing has to be executed properly and seaworthy.
– In order to guarantee safe driving conditions, and to prevent shifting of cargo.
– In order to guarantee safe transport/shipping, all cargo stowed inside has to be lashed and secured more than properly, it has to be seaworthy for shipping.
– In order to keep driving seat and passenger seat free of cargo.
- Loaded vehicles always have to be accessible for customs and welding of doors as well tailboards is strictly forbidden.
- For all goods loaded inside the vehicles an additional customs document has to be issued with a detailed and complete packing list attached to it.
RMR Shipping will reject (and goods will be destroyed; cost of destruction and rejected cargoes to be for customers account)
- oil leaking car-parts
- unsorted and non-usable clothing (rags)
- non-functioning electrical materials
- non-profiled tyres
Non-complete customs documents annex packing lists will be fined up to € 1250,-- per individual case and to be for customers account.
L. Antifreeze
RMR does not provide for antifreeze in any Goods including but not limited to (parts of) vehicles
Notwithstanding RMR’s right to refuse the Goods if the obligations as set out under A – L are not met, the Merchant shall be liable and indemnify RMR for all costs and expenses arising from non-fulfilment by the Merchant of the obligations set under A – L.
12. Dangerous Goods
The Merchant shall comply with rules which are mandatory according to the national law or by reason of International Convention, relating to the carriage of goods of a dangerous nature, and shall in any case inform RMR in writing of the exact nature of the danger, before goods of a dangerous nature are taken in charge by RMR and indicate to him, if need be, the precautions to be taken. If the Merchant fails to fulfil any of these obligations and if, at any time, the Goods are deemed to be a hazard to life or property, they may at any place be unloaded, destroyed or rendered harmless, as circumstances may require, without compensation. The Merchant shall indemnify RMR against all loss, damage, liability or expense arising out of their being taken in charge, or their carriage, or of any service incidental thereto. The burden of proving that RMR knew the exact nature of the danger constituted by the carriage of the said goods shall rest on the Merchant. It is strictly forbidden to stow any kind of hazardous cargo including but not limited to paints, detergents, wet batteries, matches, empty or full gas cylinders etc. inside the vehicles.
13. Time bar
RMR shall be discharged of all liability unless suit is brought within 9 months after the day on which the Goods are delivered from the means of transport or, if they have not been delivered, the day on which they should have been delivered.
14. Amendments/Applicable Law
These terms and conditions may not be amended except by a formal written agreement signed by both parties. All contracts and services rendered by RMR are governed by Dutch law. Actions against RMR may only be instituted at the District Court of Breda, The Netherlands.
TERMS AND CONDITIONS OF USE
Copyright 2007 R.M.R. Shipping B.V. All Rights Reserved.
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