GLOBAL LINER AGENCIES denmark ABIDES BY THE
Belgian freight forwarders – standard trading conditions

DEFINITION AND SCOPE OF THE CONTRACT

Article 1

Unless otherwise agreed these Condition shall be applicable to any form of service provided by the Freight Forwarder. They may be quoted as `Belgian Forwarding Conditions”. They represent a recognized custom of the trade.

Article 2

In these Condemns:

Customer: is the Freight Forwarder’s Principal at the instructions of whom and on behalf of whom the Freight Forwarder provides services, information or advice, whether gratuitous or for reward.
Freight Forwarder: is a CER member or each Freight Forwarder conducting business under these Conditions.
Service: is any instruction to forward goods offered, accepted for performance, or performed by the Freight Forwarder, and any related act, any information or advice in respect thereof.
Goods: are all and any goods including their packaging, entrusted to the Freight Forwarder by the Customer. Such goods include all and any merchandise as well as all and any titles or documents that represent or may represent such goods.
Owner: is the owner of the goods to which the service provided by the Freight Forwarder pertains.
Third parties: are any non-contracting parties. in particular any natural or legal persons whom the Freight Forwarder deals with in the performance of his duties.

Article 3

Where the performance of services is concerned, a distinction is made between the Freight Forwarder who acts:

1) as a forwarding agent under Belgian law (commissionnaire expéditeur), his duties consist of, inter alia, forwarding goods either in his Own name or in his Principal’s name, but always on the latter’s behalf, and pursuant thereto in providing all and any such services as may be necessary in respect thereof, performing all and any required formalities and concluding any such agreements as are necessary for such purpose
2) as a principal under Belgian law (commissionnaire de transport); in the following cases only, and in no other cases. the Freight Forwarder shall he regarded as a principal:

a) when he performs the carriage of goods in his own name and by his own means of transport,
b) when he issues a transport document in his own name,
c) when the instructions explicitly show that the Freight Forwarder assumes such obligation.

Article 4

These Conditions do not imply any waiver at any right by the Freight Forwarder and they cannot give rise to a more extensive liability than that to which he would be subject pursuant to any legislation or regulation applicable in addition to these Conditions.

Article 5

The Customer warrants that the goods entrusted by him to the Freight Forwarder under his instructions are his property or that as an authorized agent of the owner he has the right of control of such goods. and that consequently he accepts these Conditions not only for himself but also for and on behalf of his Principal and for and on behalf of the owner.

FORMATION AND PERFORMANCE OF THE CONTRACT

Article 6

Unless otherwise agreed. or unless an event constituting force majeure arises beyond the Freight Forwarder’s control, an offer made by the Freight Forwarder shall be valid for 8 days. Such an offer shall be based upon existing rates. remunerations, freight charges, currency rates and estimated dates, which are in force at the time when the offer is communicated to the Customer. Should one or more of these elements be varied, the prices offered shall be adapted accordingly and retroactively. The Freight Forwarder shall at all times be entitled to charge to the customer all and any amounts charged to him by third parties as a reedit of improperly calculated freights, costs and rates.

Article 7

The Customer shall undertake to supply to the Freight Forwarder, in advance and not later than at the time of confirmation of the order, any useful information including, but not limited to, the nature of the goods, the method of shipment, the place of taking over and delivery, and the required route and procedure, and in particular any information which the Principal may be presumed to have at his disposal as manufacturer, merchant, owner or consignor of the goods, and which may ensure their preservation, shipment, taking over at the place of departure and delivery at the place of destination.

Article 8

The Freight Forwarder shall not be presumed to examine the correctness of the particulars or the information given by the Customer or the authenticity or regularity of the documents furnished by the Customer. Such information shall be accepted in good faith.

Article 9

In the absence of precise instructions to the contrary or special agreements. the Freight Forwarder shall be at liberty in his choice of means to be used to organise and perform the services to the best of his abilities according to normal business practice, including the groupage of goods.

Article 10

The Freight Forwarder shall be entitled to charge any amounts or fees for his expenses and interventions on a fixed basis. i.e. as a lump sum or an inclusive price.

Article 11

In the performance of his duties, the Freight Forwarder may employ third parties, servants and agents who show normal professional qualifications.

Article 12

Unless instructed to the contrary, the Freight Forwarder shall be entitled to keep possession, control or custody of any goods that for some reason could vol be delivered, or to take custody of them, and to strife the goods at the Principal’s cost and risk or at the expense and risk of the goods themselves. In accordance with the provisions of the Act of 5 May 1872, the Freight Forwarder may sell the goods and apply the proceeds in or towards the payment of his claims. In the case of dangerous, perishable. flammable, explosive goods or goods that may otherwise cause damage to persons, animals or property, subject to prior notification in writing to the Customer and subject to accountability the Freight Forwarder may destroy, remove OF sell the goods on the Customer’s behalf and at the Customer’s risk.

Article 13

The Freight Forwarder shall he entitled to suspend the performance of his duties if the Customer fails to fulfil or Insufficiently fulfils his obligations in any way. In the event of force majeure. the Contract shall remain in force. The Freight Forwarder’s duties shall, however, be suspended for the duration of the event constituting force majeure. In case of specific duties, er activities that are uncommon, particularly time-consuming or that require specific effort, additional fees may be charged at any time. All additional costs caused by force majeure shall also be borne by the Principal.

Article 14

Unless otherwise and previously agreed in writing, the Freight Forwarder shall not be under a duty to guard the goods to be forwarded, nor to have them guarded, nor to have them insured, wherever they are. even out in the open.

PAYMENT

Article 15

The amounts or fees charged shall he payable in cash at the freight Forwarder’s registered office. within eight days from the date of the Invoice. Any loss resulting from exchange rate fluctuations is for the Customer’s account. Payments not allocated by the Customer himself to the payment of a specific debt, may be applied at the Freight Forwarder’s choice to the payment of any amount owed by the Customer.

Article 16

Any protest against the invoicing or any services and amounts charged must have been received by the Freight Forwarder in writing within t4 days from the data of invoice.

Article 17

The Customer waives any right to rely on any circumstance which might entitle him to suspend payment in whole or in part and waives any right to set-off or counterclaim with regard to all amounts charged to him by the Freight Forwarder.

Article 18

The Freight Forwarder shall not be required to provide security for the payment of freight, dikes, levies and taxes or any liabilities whatsoever, should this be required by third parties. Where the Freight Forwarder has provided security, the Customer is under a duty. at the Freight Forwarder’s first request in writing, to pay to the Freight Forwarder, by way of security, any amount for which the Freight Forwarder has provided security to third partes.

Article 19

Any debt not paid on its due dale snail. without any prior notice. be increased with compensatory interests calculated at the statutory interest rate and increased by liquidated damages equal to 10% of the debt, so as to cover any economic and administrative loss. without prejudice to the Freight Forwarder’s right to prove the existence of more extensive damage.

CUSTOMER’S DUTIES AND LIABILITY

Article 20

The Customer shall undertake and accept liability for the following:

that his instructions and his description of the goods are complete, correct and accurate:
that the goods to be entrusted lay him to the Freight Forwarder shall be made available in time, completely and in a useful way, that they are loaded, stowed, packed and marked in accordance with the nature of the goods, the place of receipt or destination, and for the purposes for which they are entrusted to the Freight Forwarder.
that all documents submitted to the Freight Forwarder by the Customer are complete, correct, valid, authentic and not improperly prepared or used;
that, unless the Freight Forwarder has been informed thereof previously and in writing, the goods entrusted to him are not of a dangerous. perishable, flammable or explosive nature or liable to otherwise cause damage be third parties. persons or property.
that he will examine all documents submitted by the Freight Forwarder upon receipt and that he will verify whether they are in accordance to the Instructions given to the Freight Forwarder.

Article 21

The Customer shall he liable to the Freight Forwarder and he shall indemnify him at his first request

against any damage endear loss resulting from the nature and the packaging of the goods. the incorrectness, inaccuracy or incompleteness of instructions and information, the non-delivery or untimely delivery of the goods to the Freight Forwarder at the agreed time and glace of receipt, the failure to provide, or timely provide, documents and/or instructions. and the fault or negligence in general of the Customer and of the third parties employed by him;
against any damage and/or loss, costs and expenditure which is claimed from the Freight Forwarder by authorities, third parties or servants and agents, for whatever reason, with regard to the goods, any damage, expenditure, costs, duties, claimed directly or indirectly as a result of the service provided on the instructions of the Customer, unless the Customer shows that such claim was directly caused by a fault or negligent act or omission for which only the Freight Forwarder is liable;
against any damage and/or toss, costs and expenditure which is claimed from the Freight Forwarder in cases where, under Community or national laws and regulations, he is under any personal and/or joint and several liability for the payment or settlement of customs duties and/or other taxes.

Article 22

If the claim for which the Freight Forwarder requires compensation or indemnity from the Customer pertains to a customs or other tax claim, and if it is based an instructions with regard to customs received from the Customer or on his behalf, the Customer shall undertake, at the Freight Forwarder’s request, to provide a financial guarantee to unconditionally warrant the Customer’s liability towards the Freight Forwarder, to the benefit of the Freight forwarder or to the benefit of a third party designated by the Freight Forwarder.

FREIGHT FORWARDER’S DUTIES AND LIABILITY

1) Provisions common to Agents and Principals

Article 23

The Freighl Forwarder shall not be liable for damage caused by an event constituting farce majeure. including, but not limited In, war, riots, strikes. lockouts. boycotts. work congestion, scarcity of cargo or weather conditions.

Article 24

The Freight Forwarder shall not be liable for damage or loss as a result of theft of goods in his possession, custody or control, unless the Customer grows that the theft took place as a result of circumstances which this Freight Forwarder, in view of the Contract with the Customer, should have avoided or which he should have foreseen. provided that the risk of theft is not for the account of the goods under local regulations or business practice.

Article 25

The Freight Forwarder shall not be liable for any indirect loss or damage, including economic loss or damage, consequentier loss or damage and immaterial loss or damage.

Article 26

The Freight Forwarder shall not be responsible for the lack of
or bad result of any instructions to collect money, unless this
is proved to have been caused by gross negligence.

2) Liability of the Freight Forwarder acting as Agent (art 3.1)

Article 27

The Freight Rewarder shall perform his duties with reasonable care. dedication and perception, and he shall be under a duty of normal professional performance of the instructions given to him.

Article 28

The Freight Forwarder’s liability shall be limited to that for fault, negligence or omission in the performance of the instructions given to him, To the extent that such fault, negligence or emission has caused any direct material damage or financial less to the Customer or third parties. the Freight Forwarder shall be entitled to limit his liability to €5 per kilogramme gross weight of the goods lost or damaged, with a maximum of €25,000 per contract.

Article 29

The Freight Forwarder shall not be liable for the performance of any contract entered into by him for and on behalf of his Customer with third parties, servants or agents, pertaining to storage, transport, customs clearance or the handling of goods, unless it is shown by the Customer that the detective performance thereof was directly caused by the Freight Forwarder’s fault.

Article 30

The Freight Forwarder does not guarantee any fixed time or data for delivery, dates of arrival ad departure, unless otherwise previously agreed in writing. The indication of a time or date for delivery by the Principal is not binding upon the Freight Forwarder.

3) Liability of the Freight Forwarder acting as Principal (art 3.2)

Article 31

The Freight Forwarder shall be liable as a carrier in the cases provided for in article 3.2. His liability shall be determined according to national law and the international conventios applicable to the mode of transport concerned.

PRIVILEGE AND LIEN

Article 32

Any amounts charged by the Freight Forwarder shall be privileged in accordance with Belgian law and with these Conditions.

Article 33

Any claims of the Freight Forwarder as against his Principal shall be privileged under Article 14 of the Act of 5 May 1872, Article 20,7° of the Mortgage Act, and Article 136 of the General Customs and Excise Act with regard to all goods, documents or monies currently or in the future in his possession, custody or control, regardless of the tact whether the claim pertains in whole or in part to the taking in charge or forwarding of other goods than those in his possession, custody or control.

Article 34

The Freight Forwarder shall have the right to retain the goods and he shall be entitled to sell or dispose of the goods and to apply the proceeds to his claim in full; they shall also serve as security, regardless or the fact whether the Principal is the owner of the goods.

INSURANCE

Article 35

The Freight Forwarder may make insurance (AREX 21) available to the Principal upon his request in writing, for any business related to international carriage at the Freight Forwarder’s risk.
The costs of such insurance shall he borne by the Principal.

PRESCRIPTION AND EXTINCTION OF RIGHT

Article 36

The Freight Forwarder must be given notice in writing of any claim for damages as against him, with reasoned wounds, within 14 days from either the delivery of the goods or the sending of the goods. Any potential liability of the Freight Forwarder shall be extinguished automatically and definitively when the Customer has retaken delivery of the documents pertaining to a specific operation within the framework of services after the performance thereof without having formulated a reasoned reservation not later than on the 10th day after the sending of these documents by the Freight Forwarder.

Article 37

Any liability action against the Freight Forwarder shall be time-barred as a result of prescription if it is not brought in the Court having jurisdiction within a period of six months. Prescription shall run from the day following the day on which the goods were delivered or should have been delivered, or, in the absence of delivery, from the day following the day the event giving rise to the action took place.

JURISDICTION AND ADMINISTRATION OF JUSTICE

Article 38

Exclusive jurisdiction is deferred to the Courts of the Freight Forwarder’s registered office, which is presumed to be the place of formation and performance of the Contract, without prejudice to the Freight Forwarder’s right to bring the action before another Court.

Article 39

Legal and arbitration proceedings against third parties shall not be conducted by the Freight Forwarder unless he agrees to do so at the Principal’s request and for and on the Principal’s behalf.

Article 40

All legal relations governed by these Conditions shall exclusively be governed by the laws of Belgium.

ENTRY INTO FORCE

These Conditions were published in the Supplements to the Belgian Official Gazette (Belgisch Staatsblad – Moniteur belge) of June 24, 2005 under number 0090237 and replace all other General Terms and Conditions of the Belgian Freight Forwarders from the date at entry into force.

GLOBAL LINER AGENCIES denmark ABIDES BY THE

GENERAL CONDITIONS OF THE ANTWERP SHIPPING FEDERATION

(Approved by the Statutory General Assembly of 16 March 1999 and 21 March 2013)

I. GENERAL PRINCIPLES

A. The present General Conditions of the Antwerp Shipping Federation apply to both the ship’s agent and shipbroker.
Their functions consist of rendering all the required services to the shipowners they represent.
B. Ship’s agents/shipbrokers are only responsible for the damages and/or losses resulting from their own serious error. The responsibility of ship’s agents/shipbrokers will cease one year after the day the loss or the damage occurred. The ship’s agent’s liability will, however, be limited, at the most, to an amount equivalent to the remuneration due to the ship’s agent for the proper execution of the assignment concerned.
C. 1/- For all operations carried out by ship’s agents/shipbrokers, not normally falling within their activities such as stevedoring, forwarding, warehousing, customs clearance, through-forwarding, sampling, checking, etc., the conditions governing these branches of activity (tabled and/or approved by the competent professional organization) will be applicable. In the event of contradiction between the said conditions and the present ones, the provision most favourable to the ship’s agents/shipbrokers will be applied.
2/- All information and communications are given by ship’s agents/shipbrokers to shipowners or to third parties to the best of their knowledge, without them being responsible however for their accuracy.
3/- The invoices made out by the ship’s agents/shipbrokers are to be settled upon receipt thereof. In default of payment, interest on overdue payments, at the rate of 1% per month will, ipso jure and without prior notice of default, be due on all outstanding debts.
4/- Ship’s agents/shipbrokers do not accept any responsibility for the proper collection of reimbursements, unless otherwise agreed. In this case, ship’s agents/shipbrokers will be entitled to appropriate remuneration.
5/- Unless otherwise agreed between the parties, the normal procedure in the port of Antwerp for converting freight to a currency other than the tariff currency is as follows:
a) On arrival: the rate that applies is the exchange rate on the working day before the ship is declared in;
b) On departure: the rate that applies is the exchange rate on the working day before the ship is loaded;
c) The exchange rate is taken to be the average rate set daily by the European Central Bank.
6/- Ship’s agents/shipbrokers cannot be held responsible for distortion, confusion, delay or disappearance occurring when using the transmission services, such as post, radio, telephone, teleprinter, telegraph, fax or e-mail. They are not responsible for any
misunderstanding resulting from the use of a language other than the four following languages: Dutch, French, German and English.
7/- Ship’s agents/shipbrokers are not responsible for the consequences of war, dangers of war, force majeure, any strikes whatsoever, official or not, lock-outs, boycotts, sabotage, atmospheric disturbances, the congestion of a port and comparable cases liable to influence the normal exercise of their activities.
D. The agreements between ship’s agents/shipbrokers, shipowners, and third parties are governed by Belgian law.

II. CONDITIONS GOVERNING THE RELATIONS BETWEEN SHIP’S AGENTS/ SHIPBROKERS AND THIRD PARTIES

A. All offers emanating from ship’s agents/shipbrokers are made for account of their principals and are always without commitment.
B. The ship’s agent/broker cannot be held liable for either the goods presented before loading or the unloaded goods. All costs and risks arising from the goods left before loading or after unloading must be borne by the third party or party who has an interest in the goods. Reception of the goods shall be taken by the handler appointed by the ship’s agent/shipping company, acting on behalf and at the risk and cost of the holder of the bill of lading, according to the customs in the port of Antwerp (Antwerp Landing Clause).
C. The sailing and arrival dates of the vessels and their berths given by ship’s agents/shipbrokers, are always made subject to unforeseen circumstances and without guaranteeing the dates.
D. The total or part shipment of cargo may always be refused and especially in the following cases:
– total or part absence of the required documents;
– doubt as to the exact nature of the merchandise and of its dangerous nature;
– incomplete or indefinite declaration of the nature of the merchandise;
– lack of suitable space on board the vessel.
E. Ship’s agents/shipbrokers are not responsible for the payment and the proper execution of instructions or orders they may pass to third parties for account of their principals. All payments resulting from such instructions or such orders, made by ship’s agents/shipbrokers will be considered as an advance recoverable at any time as long as ship’s agents/shipbrokers have not received the full reimbursement from their principals.
F. The responsibility of ship’s agents is not involved, either from the point of view of the proper execution or the payment, for all works executed by sub-agents (cargo handlers, stevedores, sworn weighers and measurers, carriers, warehousemen, etc.) or for the damage which might have been caused by the latter.

III.CONDITIONS GOVERNING THE RELATIONS BETWEEN SHIP’S AGENTS AND SHIPOWNERS

A. The appointment of a ship’s agent authorizes him to exercise all activities and render all the usual services, in particular those enumerated in clause 3 of the Standard Liner and General Agency Agreement.
B. The remuneration is governed by clause 5 of the Standard Liner and General Agency Agreement, which applies to all Belgian ports and of which the present Conditions form part and parcel.
C. In cases where the ship’s agent simultaneously acts as agent for the shipowner and the charterer, his remuneration may be governed according to the provisions of the Standard Liner and General Agency Agreement and/or the scale of agency remuneration set by the “Nationale Federatie der Verenigingen van Scheepsagenten en -makelaars van België” (The Belgian National Federation of Associations of Ship’s Agents and Brokers of Belgium), unless otherwise agreed between the partners.
D. During, before as well as after the execution of the services entrusted to them, ship’s agents may ask either a guarantee or an advance for the payment of sums they disburse. They will not be obliged to make any payment on behalf of the shipowner as long as they have not obtained the guarantee or the advance requested. Ship’s agents will claim an interest of 1% per month on the amount paid out, should they not have received the advance requested.
E. Ship’s agents are entitled to keep in their possession goods or funds meant for or originating from the shipowner, not exceeding the amounts due to them. They are likewise authorized to deduct the amounts due to them from the sums they owe the shipowner.
F. The costs charged on the payment of sums to the shipowner or for his account to third parties, or from the shipowner to ship’s agents, are for account of the shipowner.
G. The amounts owed to the ship’s agent expressed in foreign currency are payable either in the legal foreign currency concerned or in euros, at the choice of the ship’s agent.
The ship’s agent is not responsible for exchange losses on the amounts held, collected or paid by him on behalf of the shipping company.
H. Ship’s agents are never obliged to give to third parties securities or guarantees for the shipowners. For all guarantees or securities they may give for account of and at the request of the shipowners, ship’s agents will claim reimbursement of the costs they have incurred as well as a remuneration to be fixed by agreement.
I. Ship’s agents are not responsible for the repayment of the sums due to the shipowner, if the option to allow credit to third parties has been agreed by the shipowner.
J. Shipowners will be responsible to ship’s agents for all the engagements which are entered into by the master or the crew of the vessel to whom ship’s agents give their services, and for all orders emanating from the master and the crew and the shipowners’ office. Ship’s agents have no judgement on the competence of the person who has given the instructions.
K. Shipowners have to repay to ship’s agents all sums and fines paid by or due by the latter in the carrying out of their work, whether instructions have been given by shipowners or not.
L. All litigation between shipowners and ship’s agents will be submitted to arbitration at Antwerp. Insofar as the parties engaged in this dispute do not reach agreement concerning the designation of 1 single arbitrator, each of them will appoint an arbitrator. These two arbitrators will appoint a third one, who will act as Chairman. These three arbitrators can be chosen from a list of barristers, previously drawn up by the Antwerp Shipping Federation. If the two arbitrators cannot agree on the choice of the third, he will be appointed by a draw from the list. The three arbitrators will form a college. They are exempt from all legal formalities, except those which are compulsory by law and render their award in the last resort, without appeal nor cassation nor civil memorial, nor any other remedy at law, except in the cases dealt with in Art. 1704 of the law of 4/7/’72 approving the European Convention containing uniform law concerning arbitration, signed at Strasbourg on 20/11/’66 and introducing into the Belgian judicial code a 6th part concerning arbitration, published in the Belgian Statute Book of 8/8/’72.

GLOBAL LINER AGENCIES denmark ABIDES BY THE Belgian freight forwarders – standard trading conditions