Clause 1: Application

1. These General Conditions shall apply to all offers and agreements in which the contractor offers goods and/or services of whatever nature to the customer, also if such goods and/or services are not (further) described in these conditions.

2. The contractor expressly reserves the right to declare - in addition to the present conditions - other conditions customary in the relevant industry applicable to the agreement (for instance the recent version of the FENEX conditions). In case of inconsistency between (any provision of) the present conditions and (any provision of) other conditions of which the application has been stipulated, such other conditions shall prevail.

3. The contractor shall furthermore always have the right to declare applicable to the agreement (provisions from) conditions of third parties with whom he has made an agreement for the purpose of implementing the agreement with the customer. In case of inconsistency between (any provision of) the present conditions and (any provision of) third party conditions of which the application has been stipulated, the conditions of such third party shall prevail.

4. The contractor who is a member of the Koninklijke Vereniging Het Comité van Graanhandelaren (Royal Association The Committee of Grain Merchants), shall apply the "Reglement met betrekking tot de verdeling van losgestorte en bepaalde partijen gezakte granen, zaden en peulvruchten en verdere veevoedergrond- stoffen" (Regulations on the Distribution of Bulk Grain and certain parcels of sacked Seeds and Pulses and other raw produce for cattle feed) (briefly: "Distribution Regulations"). By concluding an agreement with the contractor the customer agrees to the application of the Distribution Regulations. In case of inconsistency between (any provision of) the present conditions and (any provision of) the Distribution Regulations, the Distribution Regulations shall prevail.

5. The contractor who engages in cargo survey and/or inspection work, shall have the right to accept several inspection assignments from different customers in respect of individualised (bulk) goods, provided always that the objectivity of the findings and the interests of the respective parties are not impaired.

6. The contractor shall have the right to have the order and/or the work related thereto implemented by third parties or by engaging third party employees. In the as far as that such third parties or their employees are legally liable to the contractor's customer, it has been stipulated in their behalf that in the operation for which the contractor makes use of them, they shall be regarded exclusively as being employed by the contactor. All provisions as to exclusion and limitation of liability, as well as in respect of the contractor's indemnity as described herein, shall inter alia apply to them.

7. The agreement and these general conditions can only be diverged from in writing.

8. The application of any general conditions employed by the customer is hereby explicitly rejected.


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