Algemene Handelsvoorwaarden

Article 1 DEFINITIONS

“TNT” as used in these General Terms and Conditions is the private limited liability company TNT-Shipping & Trading.

“Client” as used in these General Terms and Conditions is the natural person or legal entity on whose behalf and/or for whose benefit work is carried out by TNT as described in these General Terms and Conditions.

TNT undertakes to provide the following services to the Client or third parties: “To provide services for owners, shipowners, charterers, operators, or managers of (sea-going) vessels or other floating objects, to provide advice or mediation, whether or not as an agent or broker, in concluding agreements for sale, purchase, lease, repair, management, responsible dismantling, and similar ship-related agreements, to process documents for the registration or deregistration of vessels from a ship register, and, with regard to ship parts, the related transport documentation.”

“Advice” as used in these General Terms and Conditions of Business is any opinion that can be given in accordance with the assignment, regarding maritime aspects, insofar as these can be assessed by TNT.

“Mediation”: Efforts made by TNT, with or without authorization, on behalf of the Client, aimed at concluding an agreement to be mediated.

Article 2 GENERAL PROVISIONS

(Offers)

Every offer from TNT is non-binding.

The agreement is concluded after written confirmation from TNT.

All assignments are deemed to have been given exclusively to TNT and not to any person affiliated with TNT. This also applies if it is the express or implied intention that an assignment be carried out by a specific person.

For the performance of any agreement between the Client and TNT, TNT has the right to use the services of third parties, regardless of whether these parties are subcontractors, and under conditions deemed reasonable by TNT.

In the context of any work to be performed by TNT, any additional or reduced work will only be carried out after written confirmation from the Client. If the additional or reduced work is approved in advance in writing by one of the Client’s employees, the Client cannot subsequently invoke the employee’s lack of authority to issue a written order and their employee’s signature authority.

(Applicability)

These General Terms and Conditions apply from the first contact between the Client and TNT.

These General Terms and Conditions also apply at all times to all offers made by TNT, agreements concluded, and all factual and legal acts performed in execution of these, with the express exception of the (general) terms and conditions used by the Client.

Deviations from these General Terms and Conditions are only valid if and insofar as expressly confirmed in writing by TNT in advance.

(Prices)

All prices stated by TNT are exclusive of VAT and reflect the situation applicable at the time of the offer. In the event of subsequent increases in one or more cost price factors, TNT is entitled to increase the original price accordingly without providing a detailed explanation.

All prices stated by TNT include office expenses. All other costs (e.g., travel, visa, and accommodation expenses, communication costs, any additional insurance, out-of-pocket expenses, etc.), as well as third-party costs and processing fees, are borne by the Client.

(Insurance)

TNT will take out general liability insurance (AVB) for any liability.

Except upon request by the Client and written confirmation from TNT, TNT will not take out any other insurance with respect to the matters for which it concludes an agreement with the Client.

TNT and its employees will, without further request from TNT, be deemed to be co-insured under the Client’s general liability insurance.

(Security)

TNT is entitled, before commencing the execution of the assignment given to it, and at any stage of the work thereafter, to request adequate security from the Client for the fulfillment of its obligations.

As long as the Client has not provided the requested security, TNT is entitled to suspend its performance, without prejudice to provisions regarding suspension and termination of the agreement arising from the law and from specific general terms and conditions declared applicable in these General Terms and Conditions.