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.