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Unless prior agreement to the contrary has been made, expressly and in writing, the following conditions shall be applicable on all offers and/or agreements concluded by Van den Bosch (hereinafter: the contractor/we/our) with our principals, whereby we undertake to transport goods or have them transported (forwarding), to store and/or to distribute goods, to provide our mediation or to perform in any other manner whatsoever.
Hereinafter "principal" shall be taken to mean all (legal) persons who have concluded an agreement with us, or wish to do so, and besides these, their representative(s), proxy(ies) and successor(s) in rights.
The applicability of general conditions used by the principal is expressly rejected.
It is an established fact between us and the principal that if a contract has been made under the applicability of these conditions they are also applicable to future offers and agreements regarding same or similar activities.
Depending on the nature of the total order, work or other sort of performance, or of any part thereof which may reasonably be considered to be an independent part, the following general standard conditions and rules which are generally customary in the business sector concerned, shall be applicable alongside the applicable (inter)national legislation and regulations.
In relation t the following conditions the latest version filed at the Registry of the District Courts of justice applies.
Domestic and cross-border transport
All activities performed in the context of domestic and cross-border transport, entrusted to Van den Bosch, are subject to both de General Dutch Forwarding Conditions 2002 (AVC 2002) and the 'Verdrag betreffende de overeenkomst tot internationaal vervoer van goederen op de weg' (CMR Genève 1956). De AVC 2002 are supplementary to CMR Treaty. The AVC are deposited at the Registry of the District Courts of justice of Amsterdam and Rotterdam.
(Combined and) deep sea transport
Unless agreed otherwise in writing, all activities of Van den Bosch DMCC (JLT) are exclusively carried out in the capacity of forwarder. If Van den Bosch issues a Van den Bosch Bill of Lading ('Van den Bosch House Bill of Lading' or 'Van den Bosch Sea Waybill') Van den Bosch acts as a carrier, in which case the Terms and Conditions of the Van den Bosch House Bill of Lading / Van den Bosch Sea Waybill are applicable.
All transports of dangerous substances are, besides the provisions mentioned above, subject to the Accord Européen Relatif au Transport International des Marchandises Dangereus par route (ADR) (European Agreement on the International Transport of Dangerous Goods by Road).