Article 1 – Definitions
In these conditions the following terms shall have the meanings assigned to them below:
Forwarder: Bouguite Internationaal Transport B.V., acting in the course of its business as freight forwarder, transport organizer and logistics service provider.
Principal: Any natural or legal person who enters into an agreement with the Forwarder.
Goods: All goods, documents and data entrusted to the Forwarder for any form of service.
Services: All activities performed by the Forwarder including forwarding, transport, storage, customs handling and logistics services.
Article 2 – Applicability
These conditions apply to all offers, agreements and services of the Forwarder unless explicitly agreed otherwise in writing.
Any general conditions of the Principal are expressly rejected.
Article 3 – Formation of the Agreement
All offers are without obligation unless stated otherwise.
Agreements are concluded only upon written or electronic confirmation by the Forwarder or upon commencement of execution.
Article 4 – Execution of Services
The Forwarder shall perform its services with due care as a prudent logistics service provider.
The Forwarder is entitled to engage third parties.
The Forwarder shall not be considered a carrier unless expressly agreed.
Article 5 – Obligations of the Principal
The Principal shall provide accurate, complete and timely information regarding the goods.
The goods must be properly packaged, labeled and suitable for transport.
The Principal guarantees compliance with all legal and customs regulations.
Article 6 – Customs and Documentation
If the Forwarder performs customs activities, this is at the risk and responsibility of the Principal.
The Principal guarantees the correctness of all documents and declarations.
Article 7 – Storage
Storage is at the risk of the Principal unless otherwise agreed.
The Forwarder may relocate goods if reasonably necessary.
Article 8 – Insurance
Insurance is only arranged upon explicit written request of the Principal.
The Forwarder is never obliged to insure goods automatically.
Article 9 – Liability
The Forwarder is only liable for damage caused by gross negligence or intent.
Liability is limited to the amount paid by the Forwarder’s insurer or, if no insurance applies, to a maximum of €10,000 per event.
The Forwarder is never liable for consequential damage, loss of profit or delays.
Article 10 – Time Limits for Claims
Claims must be reported in writing within 14 days after delivery or discovery of damage.
Any right to compensation lapses after 9 months.
Article 11 – Payment
Invoices must be paid within 14 days unless agreed otherwise.
In case of late payment, statutory interest and collection costs apply.
Article 12 – Right of Lien
The Forwarder has a right of lien on all goods, documents and funds in its possession for any claims against the Principal.
Article 13 – Force Majeure
The Forwarder is not liable for failure caused by circumstances beyond its control, including strikes, weather, war, government actions, port congestion and technical breakdowns.
Article 14 – Termination
The Forwarder may terminate the agreement immediately if the Principal fails to meet obligations, becomes insolvent or breaches contract terms.
Article 15 – Confidentiality
Both parties shall treat all business information as confidential unless disclosure is legally required.
Article 16 – Applicable Law
All agreements are governed exclusively by Dutch law.
Article 17 – Jurisdiction
Any disputes shall be submitted to the competent court in Rotterdam, The Netherlands.