Algemene voorwaarden

Article 1 - scope of action 1.1 Car-go acts as agents only so that there is an agreement between client or their representative and carrier. Car-go is not Party to the contract in this agreement, unless otherwise agreed in writing.

Article 2 - Prices 2.1 lf Car-go charges all-in or forfaiting rates, these rates will be considered to include all general costs that Car-go would account in the regular fulfilment of the contract. Unless otherwise stipulated the all-in or forfait rates will not include: taxes and levies, consultant and legal costs, cost made in drawing up bank guarantees and insurance premiums.

 

Article3 - Extracosts 3.1 All costs due to insufficient time for loading and / or unloading such as demurrage will be billed to the client or their representative including those instances when Car-go has accepted the bill of loading and/or the charter party without protest. Unforseeable expenses and higher wages rising from transport companies proceeding in the evening, night, on Saturday or Sunday or on a holiday, when in accordance with any clause in the transport documents, are not included in the price, unless they have been specifically stipulated. The client or their representative will reimburse Car-go these costs.

Article 4 - Commercial papers /data

4.1 The client or their representative will make sure that goods, documents and instructions arrive at the designated place on time in accordance with the agreement. Failing this, Car-go has the right to claim damages from the client or their representative.

4.2 Car-go is authorised but not obliged to investigate the commercial papers are correct and complete.

Article 5 - Liability

5.1 All proceedings and activities are for the account and risk of the client or their representative. Car-go is never responsible for damages and/or theft of the goods to be transported, from the time these goods are stored/warehoused for transportation. This includes the pre-transport of the goods to the area where the goods are to be stored / warehoused.

5.2 Car-go's liability is in any case limited to Euro 4500.00 for any event or chain of events with the same cause, with the understanding that in case of damage, loss of value or loss of the in the order included goods, the liability will be limited to Euro 0,45 per kilo damaged or lost gross weight with a maximum of Euro 340,00 per dispatch. Car-go is never responsible for missed profit effecting damage and immaterial damage.

Article 6 - Delivery 6.1 Mere mention of time of delivery is not binding.

Article 7 - Payment The client or their representative is obliged to pay Car-go in cash for freights, rights, returns etc, on receiving shipping papers (cash against documents). lf the client or their representative does not promptly Pay after the order or the applied credit term, Car-go is authorised to account the legal monthly interest. The client or their representative will at all times reimburse Car-go claims and extra claims due to incorrect levies on freights and costs. The client or their representative is not authorised to claim settlement from Car-go regarding accounts based on an agreement between Car-go and the client or their representative.

Article 8 - Collect shipping 'Car-go offers the client or their representativet he opportunity to have the to be transported goods, carried collect. This means the client or their representative can collect the shipping documents in the port of entry on payment of shipping costs and administrative costs. As a security to the client or their representative fulfilling their obligations the documents are registered in the name of our agent at that place. The client or their representative is obliged to collect the to be transported goods within a month of arrival and to have collected the documents.

Failing this our local agent is authorised to sell the goods to meet our transport costs.

Article 9 - Lien / security

9.1 Car-go is authorised to retain goods, documents and moneys on account and at the risk of the client or their representative and /or owner until it's claims have been fulfilled, or if the goods have been shipped on to withdraw the owed amount or to draw a bill of exchange on the transhipment documents.

9.2 Car-go cannot be held liable for any damage incurred by the client or his representative as a result of the damage or loss of goods present in the items that are to be shipped. Neither can Car-go be held liable for any possible fines and/or expenses imposed in connection to these stored goods.

Article 10 - Special clauses concerning storage of goods

10.1 lf cars, vans, trucks and /or other goods are stored on terrain managed by Car-go, the client or their representative will be held responsible for the extra costs, if the agreed storage time is exceeded, irrespective of who is at fault.

Article 11 - Law and competence

11.1 All agreements, subjected to these conditions and all disputes resulting from them, are subject to Dutch law.

11.2 All disputes that may arise between parties will be decided at the option of Car-go or put before the regular judge ín Amsterdam, if the dispute is within the competence of the court.

Article 12 - Concluding clause

12.1 Conform to law each claim on Car-go expires and is cancelled after the single course of 6 (six) months.