I. General Conditions
· Company means: Seta Nautica SL having its offices in the Netherlands at Mercuriusweg 23A, 2741 TB, Waddinxveen and in Spain at C/ Sánchez Freire N. 35-43, Local F., 15706, Santiago de Compostela. Notifications for Company can be send to Mercuriusweg 23A, 2741 TB, Waddinxveen, and to email@example.com, per registered mail or e-mail.
· Company may choose to fulfil any contractual obligation, using any carrier or subcontractor and routing at its sole discretion, unless otherwise agreed in writing.
· Transit times indicated are estimates and actual transit times may differ according to carrier schedules. Further, such indicated transit times do not reflect delays due to export control or customs clearance processes, and are applicable to working days only.
· Total charges offered do not include insurance coverage, unless explicitly mentioned. In case no explicit insurance product is agreed, Company’s liability is limited to the Standard Trading Conditions defined below and/or the conditions as printed in the Bill of Lading resp. Air Waybill.
· Company strives to be fully compliant at all times with the prevailing rules and regulations for carriage of dangerous/hazardous cargo. In this regard, we work with our customers and carrier partners to ensure all dangerous/hazardous cargo is correctly declared at the time of booking the shipment and prevent any mis-declaration of dangerous/hazardous cargo. In the event that Company’s customers mis-declare dangerous/hazardous cargo to be non-dangerous/non-hazardous cargo, all penalties, costs, consequences and liabilities of this mis-declaration will be passed on to the customer.
· Company’s offers and quotations provide the estimated charges for the shipment specified therein based on their dimensions, weight, mode of transport, shipper/consignee, Incoterms, and pick-up and delivery location. Charges and transit time might differ in case the actual shipment is different from what is specified in the offer/quotation.
· Exchange rates used in Company’s offer/quotations are only valid at the time of quoting. Charges will be converted to invoice currency based on current exchange rates which may be subject to an uplift.
· “Force Majeure” means, any circumstances beyond the reasonable control of that Company, including, without limitation, acts of God, compliance with any acts of any governmental or other authority, war or national emergency, riots, civil commotion, acts of terrorism, piracy, fire, explosion, flood, criminal acts, any information security-related threats including cyber-attacks, severe weather conditions, epidemic, pandemic, lock-outs, strikes and other industrial disputes (in each case whether or not referring to subcontractors’ workforce), shortage of labor, materials and services and inability or delay in obtaining supplies.
· Company’s offers/quotations are for informational purposes only, and therefore are not binding.
II. Standard Trading Conditions
Company’s business activities performed, unless differently agreed in writing, are subject depending on the nature of the activities to the following terms and conditions which can be read in English and stored via the applicable hyperlinks hereunder:
1. Forwarding activities: the latest version of the Dutch Forwarding Conditions (English);
2. Warehouse and storage activities: the Dutch Warehousing Conditions (English) as deposited by FENEX at the registry of the district court in Rotterdam;
3. Physical distribution activities: the Physical Distribution Conditions (English), as deposited by the Physical Distribution Group at the registry of the district court in Rotterdam;
4. Shipbrokers and agency activities: the General Conditions and Rules for Dutch Shipbrokers and Agents (English), as deposited by United Dutch Shipbrokers and Agents at the registry of the district court in Rotterdam;
5. Cargo handling, storage, stripping and stuffing activities: the General Conditions of the Association of Rotterdam Stevedores 1976 (English), as deposited by Vereniging van Rotterdamse Stuwadoors at the registry of the district court in Rotterdam.
III. Applicable law and jurisdiction
All agreements with Company and disputes arising thereof are governed by Dutch law. The Court of Rotterdam, (location Rotterdam) will have exclusive jurisdiction to hear claims of and against Company unless it has been otherwise agreed in writing by means of a document that is validly signed by or on behalf of Company. Company may also bring disputes before the authorized courts in the jurisdiction where defendants are established or domiciled and/or where claims can be enforced against them.
IV. Rates, invoices and payment
· The prices offered do not include duties, and are subject to applicable taxes, especially value-added tax (VAT); fuel surcharges and other charges for additional services may apply.
· All charges and services offered are subject to (vessel) space and equipment availability and unhindered routes of transportation.
· In case of shipment ‘no show’, Company reserves the right to charge a ‘no show fee’ up to 15% of the invoice value for the respective carriage.
· If required by the customer, and allowed as per country legislation, the disbursement of duties and taxes done by Company on behalf of the customer will trigger a surcharge. Any third party fees charged to Company (e.g. Port Handling, Terminal Charges and Storage) will be invoiced at cost.
· Any invoice shall be payable upon receipt, unless agreed otherwise in writing. Company reserves the right to request payment in advance.
V. Language and hierarchy
The primary language of these conditions is English; no rights or defences can be derived
from translations made available by Company in Spanish or other languages. In case of and discrepancies or contradictions with the Standard Trading conditions of article II, these general terms and conditions will prevail. These general terms and conditions have been deposited with the Dutch Chamber of Commerce in Rotterdam under number 59808640.