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ARTICLE 1. RIETVELD LOGISTICS TERMS AND CONDITIONS - SCOPE OF APPLICATION

1.1 These general terms and conditions, hereinafter referred to as the "RLG Terms and Conditions", apply to all services, activities, offers and agreements of Rietveld Logistics Group.

1.2 "Rietveld Logistics Group" shall mean:

  1. Rietveld Holding B.V.;
  2. Rietveld Oosterhout B.V.;
  3. OMS op- en overslag B.V.;
  4. Oosterhout Modal-shift Solutions B.V.;
  5. Rietveld Transport and Logistics B.V.;
  6. Rietveld Transport B.V.;
  7. OCT B.V.;
  8. OCT Beheer B.V.;
  9. Rietveld Onroerend Goed B.V.;
  10. Rietveld Materiaal B.V.;
  11. Rietveld Customs B.V.;
  12. All other companies that are part of the Rietveld Logistics Group, including its affiliated and/or associated companies.

"Client" shall mean the contractual counterparty of Rietveld Logistics Group and any party associated with this counterparty that is in any way involved in the contract, or in the services or activities performed.

1.3 The applicability of other terms and conditions, including the Customer's general terms and conditions, is expressly rejected unless these terms and conditions are referred to in these RLG Terms and Conditions or are expressly accepted by Rietveld Logistics Group in writing.

ARTICLE 2. SERVICES AND APPLICABLE CONDITIONS AND REGIMES

2.1 In addition to the RLG Conditions, the following regimes apply to the activities mentioned therein, insofar and if Rietveld Logistics Group actually performs these activities. For possible liability of Rietveld Logistics Group, the regime belonging to the most relevant activity applies. This regime then determines the possible liability.

  1. National road transport: the General Transport Conditions 2002, version 2015 (AVC);
  2. International Road Transport: the Convention on the Contract for the International Carriage of Goods by Road, concluded at Geneva on 19 May 1956 and amended by the 1978 and 2008 Protocols;
  3. Inland Navigation: the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterway (CMNI), signed in Budapest on 22 June 2001;
  4. Rail Transport: the Convention concerning International Carriage by Rail (COTIF), signed at Berne on 9 May 1980, as amended by the Vilnius Protocol of 1999, and Annex B thereto, being the Uniform Rules concerning the Contract of International Carriage of Goods by Rail (CIM);
  5. Air transport: the Convention for the Unification of Certain Rules for International Carriage by Air (the Montreal Convention), concluded in Montreal on 28 May 1999;
  6. Terminal operations: the VITO Conditions;
  7. Forwarding and customs activities: the Dutch Forwarding Conditions 2018 (FENEX);
  8. Cold and freezer storage: General Storage Conditions of the Association of Dutch Cold Stores (NEKOVRI - CONDITIONS);
  9. Warehousing and all other activities not listed above: the Logistic Services Terms and Conditions 2014 (LSV 2014). Warehousing also means storage of goods for a period longer than 24 hours.

2.2 If the transport services consist of combined transport (multimodal transport), only the regime applicable to that specific section as described in Article 2.1 a) - d) shall apply for each section of transport.

2.3 If the potential liability of Rietveld Logistics Group may relate to several activities or if there is otherwise ambiguity as to which specific activity is related to the liability, it shall be at Rietveld Logistics Group's discretion which of the above regimes or general terms and conditions applies, with the exception of mandatory applicable law and mandatory applicable treaties.

2.4 For customs activities, only Rietveld Customs B.V. shall act as the Client's other party and these activities shall be carried out at the risk and expense of the Client.

2.5 In the event of a conflict between a provision in the RLG Terms and a provision of any of the above regimes or conditions, including but not limited to provisions on jurisdiction, the provision of the RLG Terms shall prevail, to the extent that the provisions of the applicable regime are not mandatory.

2.6 The Client shall be obliged to indemnify Rietveld Logistics Group against any claim by a third party or authority against Rietveld Logistics Group in connection with the services performed for the Client, insofar as the claim exceeds Rietveld Logistics Group's limited liability under the RLG Terms and Conditions, including the applicable liability regimes.

ARTICLE 3. PERFORMANCE OF THE CONTRACT

3.1 In case of temporary force majeure, contracts shall remain in force, but Rietveld Logistics Group's obligations shall be suspended during the period of force majeure. "Force majeure" shall be understood as circumstances preventing Rietveld Logistics Group, its employees or other third parties engaged by Rietveld Logistics Group from performing and which they could not avoid or whose consequences were unavoidable for them. Force majeure shall include, but not be limited to: extreme weather conditions, war, riots, civil commotion, natural and nuclear disasters, terrorist activities or attacks, fire, technical problems with means of transport, (temporary or permanent) closure or blockades of ports, roads, inland waterways or railway lines, marshalling yards, transhipment sites or terminals, strikes or similar labour conflicts, persons attempting to gain or having gained access to means of transport, containers, buildings or warehouses, cyber attacks and cyber crime, consequences of an epidemic or pandemic and any measures, restrictions or prohibitions imposed by any authority.

3.2 Unless expressly agreed otherwise in writing between Rietveld Logistics Group and the Client, Rietveld Logistics Group shall be entitled to engage group companies, subcontractors or other third parties or persons for the execution of contracts and other activities for the Client.

ARTICLE 4. LIABILITY OF RIETVELD LOGISTICS GROUP

4.1 Insofar as no other liability regime is applicable under article 2 of these RLG Terms and Conditions, Rietveld Logistics Group's liability to the Client shall be limited to EUR 5,000.00 per incident or series of incidents with the same cause, with a maximum of EUR 25,000.00 per Client per calendar year, unless the Client proves that the damage or loss was the result of intentional or deliberately reckless acts by Rietveld Logistics Group and/or its executives. For activities to which the VITO conditions apply by virtue of Article 2.1 e), the limitations mentioned in this Article 4.1 shall apply as the maximum limit of liability as referred to in Article 4.4 of the VITO conditions.

4.2 Unless the Client proves that the damage or loss was the result of intentional or deliberately reckless acts by Rietveld Logistics Group and/or its executives, Rietveld Logistics Group shall never be liable for:

  1. Any consequential and/or indirect damages (including but not limited to lost profits, damages or losses due to delay, return transportation costs, product recalls, or demurrage and detention costs); and
  2. Any damage or loss due to force majeure situations.

4.3 The liability period of Rietveld Logistics Group shall begin at the moment Rietveld Logistics Group, its employee, assistant or agent actually gains control of the goods and shall end at the moment this actual control is lost.

4.3 The liability period of Rietveld Logistics Group shall commence the moment Rietveld Logistics Group, its employee, assistant or representative actually obtains control of the goods and shall end the moment Rietveld Logistics Group, its employee, assistant or representative loses actual control of the goods.

4.4 In all cases where Rietveld Logistics Group is liable, such liability shall be limited to that stipulated in these RLG Terms and Conditions and/or the applicable liability regimes.

ARTICLE 5. CLAIMS AND EXPIRY PERIOD

5.1 Complaints regarding visible damage to goods or loss thereof shall be reported in writing to Rietveld Logistics Group immediately upon delivery of the goods.

5.2 Complaints about non-visible damage shall be reported in writing to Rietveld Logistics Group within 5 working days of delivery of the goods.

5.3 Any claim by the Client against Rietveld Logistics Group shall lapse if it is not brought before the competent court within 12 months from the day the Client became aware or could reasonably have become aware of the damage.

ARTICLE 6. PAYMENTS

6.1 Payments shall be made without any deduction or set-off within 30 days of the invoice date to a bank account specified by Rietveld Logistics Group.

6.2 If the Customer fails to pay on time, he shall be in default by operation of law and shall owe interest of 1.5% per month on the outstanding amount, with part of the month counting as a full month.

6.3 All extrajudicial and judicial costs, including costs for legal assistance, related to the collection of outstanding amounts shall be borne by the Customer. The extrajudicial costs shall amount to at least 15% of the principal sum with a minimum of EUR 250.

ARTICLE 7. SECURITY AND RIGHT OF RETENTION

7.1 Rietveld Logistics Group shall be entitled, both before and during execution of the contract, to demand adequate security from the Client for fulfilment of its payment obligations.

7.2 Rietveld Logistics Group shall have a right of retention on all goods, documents and funds in its possession or to be acquired by it, as security for all that the Client owes or will owe it, even if the claim relates to another consignment or other legal relationship with the Client.

ARTICLE 8. APPLICABLE LAW AND COMPETENT COURT

8.1 The legal relationship between Rietveld Logistics Group and the Client shall be governed exclusively by Dutch law.

8.2 Disputes between the Client and Rietveld Logistics Group shall be submitted exclusively to the competent court in Breda, the Netherlands, unless mandatory provisions dictate otherwise.

ARTICLE 9. FINAL PROVISIONS

9.1 If any provision of these RLG Terms is declared invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be replaced by a valid provision that approximates the economic and legal purpose of the original provision as much as possible.

9.2 Rietveld Logistics Group is entitled to unilaterally amend these RLG Terms and Conditions. Amendments shall take effect 30 days after written or electronic notification to the Customer.