NE DistriService B.V. (hereinafter referred to as NE) is a private limited company established under Dutch law, which aims to provide storage, transportation, and distribution of window decoration and other goods in the Netherlands, Belgium, and Luxembourg from its location in Nunspeet.
These Terms and Conditions apply to every assignment to NE, including any subsequent, amended, or additional assignments, as well as to every offer from NE, every acceptance of an order or order confirmation by NE, and every delivery of goods or services by NE.
Depending on the nature of the work agreed upon with NE, the following conditions apply:
a. For domestic transportation, the General Transport Conditions 2002 (AVC), filed with the District Courts of Amsterdam and Rotterdam.
b. For international transportation, the Convention on the Contract for the International Carriage of Goods by Road (CMR) and, additionally, the aforementioned AVC.
c. For all (due) payments, the Transport and Logistics Netherlands General Payment Conditions 2002, filed with the District Court of The Hague on July 2, 2002, under document number 69/2002.
The latest filed version applies. The conditions will be sent to you free of charge upon request.
An order for goods or services to NE cannot be canceled or modified without explicit and written approval from NE.
Any corrections or price increases by NE that are not immediately rejected at the time of delivery of the goods or services are considered accepted by the client.
Delivery times apply only if specifically agreed upon in writing. NE is in no way bound to the delivery times.
a. The carrier is not liable for damage resulting from loss, theft, destruction, and/or damage to or caused by goods if the damage is due to the fault of one of the parties, an inherent defect in the goods, or force majeure.
b. Force majeure occurs when the damage is caused by a circumstance that a careful carrier could not have avoided.
c. Third parties cannot derive any rights from the content of the work performed, nor from the manner in which the assignments provided were or were not executed.
d. NE's liability is limited to what is stipulated in Article 13 of the AVC and Article 23 of the CMR.
e. The sender is obliged to take out goods transport insurance for the value above the limit of €3.40 and €9.50 per kilogram weight for NE's liability.
Parties are obliged to indemnify NE from all claims by third parties related to the work performed and/or delivered goods by NE that may have caused damage to those third parties, regardless of the cause or the time at which that damage was suffered.
a. NE is authorized to accept any limitation of liability on behalf of the sender and/or recipient by a third party.
b. Not only NE, but also all persons—whether connected to NE in any way, as well as third parties—involved in executing any assignment from a client may invoke these Terms and Conditions.
If an event—including an omission—occurs during the execution of an assignment that results in liability, that liability will be limited to the amount or amounts covered by the carrier's liability insurance (VAV) taken out by NE, plus the deductible that NE carries under that carrier's liability insurance (VAV).
AND/OR
If damage to persons or property is caused by or in connection with the execution of an assignment or otherwise, for which NE is liable, that liability will be limited to the amount or amounts covered by the general liability insurance (AVB) taken out by NE, plus the deductible that NE carries under that general liability insurance (AVB).
All invoices are payable upon receipt, meaning they must be paid upon receiving the invoice. In the event of non-payment within 30 days of receiving the invoice, interest will be due from the due date without notice of default at a rate of 1% per the first day of the month for the entire month. In that case, an increase of 15% above the invoice amount will also be due, with a minimum of €75.
Any complaint must be received by NE within 8 days of the delivery of the goods and/or services by NE by registered letter, under penalty of forfeiture.
These Terms and Conditions are drafted in the Dutch language. In case of any difference in content and scope regarding the Terms and Conditions, the Dutch text is binding.
The legal relationship with NE is governed by Dutch law. Only the Dutch court has jurisdiction to take cognizance of any dispute with NE.
