Terms and conditions
GENERAL TERMS AND CONDITIONS DUTCH QUARANTINE AND VETERINARY
SERVICES B.V.
1. These general terms and conditions are applicable to any form of service by, the company with limited
liability, Dutch Quarantine and Veterinary Services B.V. (hereafter: DQVS) for the ordering customer. As
customer is considered the one that commissions DQVS to accomplish the proceedings and activities
(hereafter: The Ordering Customer).
2. All proposals, done by DQVS are free of any obligations
Costs
3. Unless agreed otherwise between DQVS and the Ordering Customer, the prices do not include: rights, taxes
and duties, consulate- and legalization-costs, costs to make up a bank guarantee and (extra) insurance
premium, extraordinary expenses and higher wages with reference to loading and/or offloading during the
weekends or holidays, all extra costs caused by circumstances beyond one’s control, as well as all costs that
are claimed (afterwards) from DQVS as a result of the assignment. These costs shall be charged to the
Ordering Customer.
Insurance
4. Insurance is only at the expense and risk of the Ordering Customer if agreed on in an explicit written
assignment.
Liability
5. All proceedings and activities shall be done at the expense and risk of the Ordering Customer.
6. DQVS is not held liable for any damage, unless the Ordering Customer proves the damage resulted from
crude negligence or faulty proceedings by DQVS or his inferiors.
7. Compensation for damages by DQVS can never be above the invoice-value of the activities, to be proved by
the Ordering Customer. When lacking, the market value as proven by the Ordering Customer will apply the
moment the damage comes into existence. DQVS is not held liable for the loss of profit, consequential loss
and non-pecuniary loss.
8. The liability of DQVS is limited at all times to €1.000 per event, or in a series of events with one cause of
damage.
9. The Ordering Customer is liable towards DQVS for damages owing to the (nature of the) items and the
packaging , the incorrectness, inaccuracy or incompleteness of instructions and data, not timely or not
putting the items at the agreed time and place, as well as not timely or not providing the documents and/or
instructions and the blame or negligence in general of the Ordering Customer and their inferiors and by
third parties put on and/or working for him.
10. The Ordering Customer will guard DQVS against claims by third parties, including inferiors of DQVS as
well as the Ordering Customer, that are connected to the damages intended in the previous subsection.
11. DQVS who does not transport himself, is, though in case of an agreement about all-in respectively a flat rate
basis, not held liable as shipper, but as pre-export isolation and quarantine and accordingly these general
terms and conditions.
12. In case of circumstances beyond one’s control, the agreement remains in force, but the obligations of DQVS
are postponed for this period.
13. Time of arrival is not guaranteed by DQVS, unless agreed upon differently in writing.
14. When transporters refuse to sign off the number of packages, weight etc., DQVS is not responsible or held
liable.
Payment
15. The Ordering Customer is obligated to pay the allowance agreed upon and other costs, resulting from the
agreement and/or these general terms and conditions, cargoes, rights etc. at the arrival of the animals to be
received, respectively at the departure of the animals to be transported, unless agreed upon differently in
writing or in case of a fixed amount.
16. The allowance agreed upon and the other costs, resulting from the agreement and/or these general terms
and conditions, cargoes, rights etc. are still indebted when damages occur during execution of the agreement.
17. In case of resignation or dissolution of the agreement, all claims – including future ones – from DQVS are
immediately and completely collectable. Anyway, all claims will be immediately and completely collectable
when:
– The Ordering Customer is declared bankrupted, the Ordering Customer applies for an official
moratorium or otherwise loses disposal over his assets.
– The Ordering Customer offers an agreement to his creditors, fails to fulfil following any financial
obligations towards DQVS, stops practising his venture or – in case of a corporate body or corporation
– when it is liquidated.
18. DQVS is not obligated to give certainty from his own funds to pay cargo, rights, wages, taxes and/or other
costs. All consequences of failing to (directly) meet an obligation to give certainty are at the expense of the Ordering Customer.
19. The Ordering Customer is always obliged to reimburse the amounts connected to the assignment by any
authorities beforehand or afterwards, as well as the fines connected to this, to DQVS. Amounts,
aforementioned, should also be reimbursed by the Ordering Customer to DQVS, when DQVS is addressed
by a third party, contracted because of the forwarding agreement.
Collection
20. When, in case of an un-timely payment we proceed to collection through the judicial or another way, the
amount to be collected is raised by 10% administration costs, while the judicial and outer-judicial costs are
at the expense of the Ordering Customer.
Prescriptive date
21. Every collection from DQVS expires, either 6 months after the day the collection has become collectable, or
the day following the one that the announcement of the damage to the harmed party had been made.
Applicable law
22. All agreements to which these general terms and conditions apply, will resign to the Dutch law.
23. As the location of settlement and claim settlement, the location of establishment of DQVS applies.
24. Disputes that might arise between DQVS and the Ordering Customer, are presented to a Dutch court at the
location of settlement of DQVS, or – exclusively at the choice of DQVS – at the location of the settlement of
the Ordering Customer.