General terms
General Terms of Business Lost and Found Schiphol
Version: July 14, 2016
A. GENERAL PROVISIONS
These General Terms consist of the present Module General Provisions and the following separate specific Modules:
B. TRANSPORT AGREEMENTS
C. CUSTODY (STORAGE)
Clause 1 - DEFINITIONS
1. Shipment(s): a good or an entirety of goods transported simultaneously on instruction of one Sender and intended for one Receiver.
2. Sender: any legal or natural person who has concluded or wishes to conclude an agreement with JBM Koeriers B.V. (hereinafter: “JBM”).
3. Receiver: the addressee or (co-)occupant or subordinate working at the Delivery Address where JBM has to deliver the Shipment.
4. Delivery Address: the delivery address as stated to JBM by the Sender.
Clause 2 - GENERAL
1. Lostandfoundschiphol.nl, Lostandfoundschiphol.com, lostfoundreturned.nl and lostfoundreturned.eu are trademarks of JBM, a legal person under Dutch law, registered in the Trade Register under number 28038410, and according to its Articles of Association having its registered office in Zoeterwoude, the Netherlands.
2. These General Terms apply to all offers, concluded agreements and activities by which JBM obliges itself to (let others) transport and/or distribute goods, to store and possibly treat goods, or to carry out any other kind of performance whatsoever, unless previously expressly agreed otherwise in writing.
3. The applicability of any purchase or other conditions of the Sender is herewith expressly rejected.
4. JBM shall have the right to let the performance of the agreement and the activities connected therewith be carried out in full or in part by third parties, without this bringing along that JBM can no longer rely on or invoke these General Terms.
5. If for execution of the activities the approval or permission of third parties or a permit of the government is required, the Sender shall see to it that will timely have received that required permit and/or permission. The preceding provision shall not apply for those permits that JBM is required to have to conduct its business.
6. In so far as activities are not expressly described or specified in these General Terms, JBM shall solely and exclusively be liable for direct damage with an absolute maximum of SDR 1,000.
7. In case of any conflict between any translation of these General Terms and the original Dutch version thereof, the original Dutch version shall prevail.
Clause 3 - PRICES, OFFERS AND PAYMENTS
1. The prices and rates of JBM are based on the premise of properly accessible and reachable locations and properly driveable access roads, and on the description, dimension and weight of the object specified by the Sender. JBM reserves the right to verify the (volume) weight, and if this (volume) weight is exceeds the specified (volume) weight, to charge a surcharge consisting of the amount that the Sender should have paid if he had specified the actual (volume) weight less the amount determined on the basis of the specified (volume) weight.
2. All stated prices and rates shall be in Euros, and do not include any toll fees (howsoever called), taxes, levies and duties, VAT and import, export and clearance charges.
3. Any reliance on or invocation of setoff of claims to pay freight or any other amounts due for any other reasons under or in connection with an agreement or of any other costs resting on the goods against claims for any other reasons, shall not be allowed.
4. All amounts owed by the Sender to JBM shall be paid with due observance of a maximum period of at most 7 days after the invoice date. This date shall be a deadline / firm date as referred to in Article 83 sub a of Book 6 of the Dutch Civil Code. After the expiry of the 7 days period referred to hereinabove, the Sender shall by force of the law automatically be in default. Any further consequences shall be governed by Clause 3 paragraph 2 sub a.
5. If the Sender does not pay an amount due within the period referred to in paragraph 4 of this Clause, he shall be held to pay an interest rate thereon of 8% per annum calculated as from the date on which that payment should have been made up to and including the date of full and final payment.
6. JBM shall have the right to charge the extrajudicial costs and the actual court costs, including costs for legal assistance, incurred for the collection of the relevant claim, to the Sender. The extrajudicial costs of collection shall be due as from the moment that the Sender is in default, and shall amount to 15% of the claim with a minimum of € 150.00 per invoice.
7. The Sender agrees to it that JBM will only send the Sender a digital invoice via the email address provided by the Sender to JBM.
Clause 4 – CONDITIONS FOR TRANSPORT
1. A Shipment must meet the following conditions/restrictions:
i. it must not contain any objects, including 'substances', that may pose a danger to humans, animals and/or the environment, or that may damage other goods transported by or on instruction of JBM simultaneously with the Shipment. The aforesaid objects shall in any case include: explosives, firearms, hazardous substances and fireworks;
ii. it must not contain any objects of which transport, importation and/or exportation is prohibited;
iii. it must not contain any objects with a special value, such as works of art, precious stones, precious metals, jewels, watches, collections, securities (including money) and coins; (identity cards, etc.);
iv. it must not weigh more than [pm] kilo, not be longer than [pm] cm and not have a greater surface area (length x width) than [pm] cm;
v. it must not contain any perishable or temperature-sensitive objects or living organisms;
vi. it must not contain any identity cards or ID documents, howsoever designated or named.
2. Refusal and Suspension of Transport
a. If before the actual start of the transport it turns out that the obligation mentioned in Clause 3 paragraph 4 has not been performed, or that the Shipment does not meet one or more of the restrictions referred to in paragraph 1, JBM shall have the right to refuse the Shipment, or, if the transport has already begun, to suspend the further transport.
b. JBM can also suspend the transport if the Shipment cannot be delivered at the specified delivery address, which includes the situation that the Receiver refuses to accept or take receipt of the Shipment, or that the stated address turns out not to be the correct address.
c. If JBM has the right to use its right of suspension, it shall as much as reasonably possible and as may be demanded from it exert its best efforts to keep the object until the Sender has indicated what should be done with it. If the object (at any time) poses a real danger, JBM shall have the right to destroy the object, without prior notification to the Sender. In case of a suspension, the Sender shall not be entitled to repayment of the agreed price.
d. If JBM after having exerted efforts to do so has not succeeded in reaching the Sender, or if the Sender within a reasonable time after a request to that effect has not given JBM an instruction, JBM shall have the right to examine the object in order to find out whether another interested party can be traced who can give an instruction. If no interested party can be found or if that interested party refuses to give an instruction (within a reasonable time after a request to that effect), then JBM shall have the right to destroy the object, or to sell the object and to keep the proceeds thereof.
e. If there is a refusal as referred to hereinbefore sub a as a result of non-compliance with a restriction, the Sender shall be held to pay JBM 50% of the total price agreed.
3. The Sender shall be held to pay or reimburse to JBM all reasonable costs and expenses, including storage costs in case of a situation as referred to in paragraph 2 sub c, incurred and/or to be paid and/or already paid by JBM, including taxes, levies and duties.
4. If the Sender offers a Shipment to JBM that does not meet one or more of the restrictions mentioned in paragraph 1, and JBM nevertheless commences the transport, JBM shall not be liable for any damage to those objects in so far as that damage may be caused or aggravated by the presence of that restriction.
5. If the Sender offers a Shipment to JBM that does not meet one or more of the restrictions mentioned in paragraph 1 and JBM nevertheless commences the transport, JBM shall not be held to take additional measures such as creating a conditioned or (extra) secured environment.
Clause 5 – PRESCRIPTION AND REVOCATION
1. The Sender must promptly, but not later than after 30 days after he has discovered or should reasonably have discovered a failure in the performance of JBM and/or a shortage or defect in the delivered Shipment, submit a complaint to JBM in writing (including by e-mail), while adding supporting documentary evidence.
2. All claims that the Sender has or thinks to have, or obtains or thinks to have obtained towards JBM, shall prescribe by the mere lapse of 12 months and shall expire by the lapse of 18 months.
3. The time period specified in paragraph 2 shall in case of total or partial loss, damage or delay start to run as from the first of the following days:
a. the day on which the Shipment is or should have been delivered by JBM;
b. the day on which JBM notifies the Sender of the loss or damage.
4. For all other claims the periods referred to in paragraph 2 shall start to run as from the day on which they have become due and payable.
Clause 6 - ARBITRATION, JURISDICTION AND CHOICE OF LAW
1. All disputes arising from of or in connection with the agreement to which these General Terms apply shall exclusively be submitted for settlement by arbitration in Rotterdam in accordance with the TAMARA Arbitration Rules, with exception of claims of up to € 25,000.00 and undisputed claims, in which cases the dispute shall be submitted for settlement to the competent court in The Hague, the Netherlands.
2. The exceptions referred to in paragraph 1 cannot be relied on or invoked if the Sender is established or resides in a non-EU member state.
3. Where applicable, the arbitrators shall apply the provisions of international transport treaties, inter alia including the Convention on the Contract for the International Carriage of Goods by Road (CMR).
4. All agreements to which these General Terms apply shall be governed by Dutch law.
B. TRANSPORT
Transport Agreements
Clause 7
1. The provisions of Title 13 of Book 8 of the Dutch Civil Code shall apply to activities carried out within the framework of national road transport agreements (where both the loading and the unloading addresses are located in one and the same country), regardless of the country in which the national transport takes place.
2. If JBM for whatever reason takes or has to take in storage the goods offered for transport or received (by a third party), the provisions of the Modules A and C shall apply, with due observance of Clause 4 paragraph 2c.
Clause 8 - LIABILITY DURING TRANSPORT
1. If JBM undertakes to transport a Shipment, the mandatory national laws and treaties that apply to the transport modality chosen by JBM shall apply for the determination of the liability of JBM as carrier.
2. In so far as there is no mandatory law, JBM shall towards the Sender not be liable for any loss, damage or delay in the delivery of the Shipment, unless that loss or damage or delay is attributable to JBM because of an imputable failure in the performance on its part, in which case the liability shall be limited to exclusively the direct damage and is maximized to an amount of SDR 4 per kilogram weight of the relevant Shipment, and the total amount will not exceed SDR1,000.
3. The Sender shall have no other claims than those referred to in paragraph 2, such as replacement costs, loss of profits and loss of business options.
C. CUSTODY (STORAGE)
Clause 9 - LIABILITY DURING STORAGE
1. If JBM undertakes to take custody of the Shipment or takes or has to take the Shipment in custody, for example in case of application of Clause 4 paragraph 2 sub c, JBM shall not be liable towards the Sender for any loss or damage, unless such loss or damage is attributable to JBM because of an imputable failure in the performance, in which case the liability is limited to exclusively the direct damage and is maximized to an amount of SDR 2 per kilogram weight of the relevant Shipment, and the total amount will not exceed SDR 100.
2. The Sender shall have no other claims than those mentioned in paragraph 1, such as replacement costs, loss of profits and loss of business options.
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