General conditions for the handling of goods and all other thereto related activities done by RCT Stevedoring N.V., with registered office at 2830 Willebroek, Boomsesteenweg 180, VAT BE 0400.841.216, RPR Antwerp, division Mechelen
Article 1: Every assignment to RCT Stevedoring will be concluded according to the following conditions that govern the commercial relations between the parties. Terms that vary therefrom, including any general conditions of the assignor mentioned in his orders or any other of his documents, shall only be considered binding if they have been expressly confirmed and redacted by RCT Stevedoring in written form. The general conditions of the assignor shall never be applicable.
Article 2: The assignment consists of all activities of a manual or non-manual nature relating to the loading, unloading, handling, receiving, controlling, tallying, delivery of goods, warehousing, transportation on the terminal area of RCT Stevedoring (terminal area in property of or leased by RCT Stevedoring, as in concession) or on other areas if the assignor and RCT Stevedoring agree that RCT Stevedoring operates assignments there, including all related and additional activities. This enumeration is not limitative.
- The assignor is the one who gives the order to RCT Stevedoring.
- RCT Stevedoring is the one who accepts this order and executes it or has it executed
Article 3: RCT Stevedoring is only liable for the material damage and/or loss which is the direct consequence of his proven fault. The liability of RCT Stevedoring is limited to 875,- EURO per package and to 125,- EURO per ton for bulk goods. The maximum liability regardless of the number of packages / the tonnage for each claim or damage, shall in no case exceed 2.500,- EURO per event or series of events caused by one and the same cause. For damage caused to the ship or means of transport, the maximum liability shall not exceed 25.000,- EURO. In case of convergence of several claims relating to damage caused to the ship or the means of transport, loss and/or damage of goods or materials made available by the assignor or by third parties, the total liability shall not exceed 37.500,- EURO irrespective of the number of prejudiced parties.
Article 4: All costs arising from government decisions and all claims which government have or think they have towards RCT Stevedoring, and all costs which RCT Stevedoring will have to pay to protect himself from this type of claims, shall be borne by the assignor.
Article 5: The assignor who can invoke discharge clauses and/or limitations shall stipulate these in favor of RCT Stevedoring. The assignor confirms that the goods of the assignment are his property or that he, as the representative of the interested party of the goods, can dispose of the goods in a way that he will not only accept these conditions for himself, but also explicitly on behalf of the assignor and/or any other interested party of the goods.
- Money advanced shall be repaid in cash on presentation of the supporting documents.
- All amounts which have been charged by RCT Stevedoring shall be paid in cash.
- Every protest against an invoice shall be done in writing within 10 days following the date of reception of the invoice. Partial protest shall not suspend the payment of the not-protested parts of the invoice.
- In case of delay in payment towards RCT Stevedoring, an interest of 12% on yearly basis will be due on top of the invoice amount.
- Formal notice of payment shall give rise to the payment of contractual damages equal to 10% of the amount invoiced, with a minimum of 25,- EURO for administrative charges.
Article 7: RCT Stevedoring is exempt from all liability in the following cases:
- All immaterial, indirect and/or consequential damage such as but not limited to: delays, harbor dues, demurrage, loss of profits, financial loss, costs of personnel, damages toward third parties, loss of income fines and/or similar levies;
- All damage and loss occurring before or after the actual execution of the task by RCT Stevedoring;
- Force majeure;
- Shortage of personnel;
- Defect in the goods and/or the packaging;
- Flooding, whirlwind, natural disaster, explosion and fire, whoever or whatever may be the cause thereof; Error of third parties and/or of the assignor;
- Failure to communicate or incorrect communication of data or instructions, or communicating incorrect or incomplete data or instructions by the assignor and/or by third parties;
- Any claim resulting from a defect of the equipment of RCT Stevedoring.
- The assignor is required to communicate in writing to RCT Stevedoring in time before the commencement of the task:
- The correct and accurate description of the goods, including type, number, weight, condition and risk category (with the corresponding MSDS sheets).
- All instructions regarding the protection of the appointed persons by RCT Stevedoring.
- All instructions and limitations connected with the protection, handling, and storage of the goods and the execution of the assignment in general.
- The goods shall carry all necessary markings indicating their characteristics. The assignor shall pack the goods required for the execution of the assignment, unless it is customary not to pack the goods.
- The available means of transport shall be supplied so that the assignment to be executed can be started immediately according to the usual method of working and the relevant statutory regulations. Unless agreed otherwise in writing, RCT Stevedoring will not guarantee the fastening of the load. Before the start of the transport, the transporter shall verify whether the stowage and – if applicable – the fastening of the load has been carried out pursuant to the technical requirements of the vehicle and to the relevant statutory regulations.
- The installations, warehouses and equipment shall be checked by the assignor before being put to use, as to their suitability. In the absence of such a check or any motivated reserve, they shall be deemed to have been found suitable. The assignor shall safeguard RCT Stevedoring against all claims and shall compensate him for his damage, losses and costs that could arise from a breach of the above obligations, even if the breach is attributable to a third party.
Article 9: Unless agreed explicitly with the assignor, RCT Stevedoring shall never insure the goods. The assignor shall insure the goods and he and his insurers shall renounce redress. RCT Stevedoring shall renounce redress for all damage to installations resulting from fire. The assignor himself shall be responsible for cleaning and removing the goods which have been damaged by fire.
Article 10: RCT Stevedoring shall carry out the assignment to the best of his ability and pursuant to the customs, usages and regulations.
Article 11: As guarantee for the payment of all sums due by the assignor to RCT Stevedoring for the handling, storage and additional activities of these and previous goods, RCT Stevedoring is granted a possessory lien in accordance with article 1948 of the Belgian Civil Code and stipulations of the law of May 5, 1872 even if warehouse warrants and bearer storage certifications are postponed. Should the assignor remain in default, RCT Stevedoring shall be entitled, after due notice, to have the goods sold pursuant to the procedure stipulated in the law of May 5, 1872.
Article 12: All liability of RCT Stevedoring lapses if the assignor has not protested in writing and at the latest upon conclusion of the task.
Article 13: Without prejudice to the preceding stipulations, any claim against RCT Stevedoring expires one year after the determination of the damage and/or shortage or, in case of dispute, one year after the date of invoice, unless a shorter date is fixed by law.
Article 14: Should any article of these general conditions be in conflict with compelling legal stipulations that article shall be regarded as not written, so that the validity of the remaining articles shall be unaffected.
Article 15: All legal disputes between assignor and RCT Stevedoring shall be settled according to these general conditions and Belgian law. Only the Courts of Law of Antwerp, division Mechelen are competent in case of disputes. In case of arguments the Dutch text shall be decisive.