Article 1

• The General Terms and Conditions are applicable to offers and/or confirmations of orders issued by TULU as well as all agreements entered into with TULU BV and all work carried out by another subsidiary and/or company affiliated to TULU BV and/or third parties, unless explicitly agreed otherwise in advance, in writing.

• Once contracted under the applicability of the General Terms and Conditions, the General Terms and Conditions are also applicable to future offers and confirmations of orders to be issued by TULU BV and future agreements with TULU BV.

• In that instance, the General Terms and Conditions are deemed to be known and accepted by the Parties.

• Changes to and deviations from these General Terms and Conditions are only valid if they have been agreed between Parties in writing. These changes and deviations then only apply to the sole specific case to which they relate.

Article 2

• It is forbidden for TULU’s employees to take part at loading and unloading operations. If that happens that will be out of the transport contract and the TULU’s employee will be seen as customer’s or addressee’s employee.

• Delivery times (departure and return) are not guaranted by TULU BV, unless prior written agreement. The simple mention of a last day delivery is not binding TULU BV.

Article 3

• The prices given by TULU BV are purely indicative unless otherwise agreed in writing and taxes excluded (duty tax, VAT and so on). In case of surcharge for reasons beyond our control (for instance the increasing transport costs, the modificaties for loading and unloading, as well as unexcepted waiting times at the customs in case of unforeseen circumstances (for instance strike actions), among other things, is subject to special agreement between parties. Failing agreement between parties TULU BV will be entitled to claim an amount according to custom and/or equity.

• Besides the sending cost the Sender will pay all other related costs, including the customs tax, the clearance taxes, the toll costs, and so on.

• The goods are insured under the CMR insurance, notably based on articles 23 and 25 of the CMR. In need of insurance for their real value such a special policy has to be carried out on special written request

Article 4

All our bills are payable by bank transfer at the Freight Forwarder’s registered office, at least within 30 days following the invoice date, regardeless of the fact that the Sender or the Customer already or not is in possession of a CMR document or for any other reason to delay the payment.

• Any protest against must have been received in writing by the Freight Forwarder within 8 days following the invoice date.

• Any payment not made on the due date shall, without any prior notice, accrue interest at a rate of 1% per month (every month started will count for a complete month) and a lump-sum payment equal to 15 %, so as to cover economic and administrative loss, with a minimal amount of 400,00 € and this without prejudice to the Freight Forwarder’s right to prove the existence of more extensive damage as well as the lawyer’s fees.

• As long as goods are not delivered TULU BV is entitled to ask for guarantees from the sender or the customer relating to the sending costs and to any present of future right of action against them.

• TULU BV also gets the right to suspend the execution of the contract as long as this is not fulfilled.

• TULU BV will never be liable for any potential damage or any other action related to delay or suspension as set out above. The Sender or the Customer will never be entitled to settle a TULUS’s debt per contra.

Article 5

• All disputes of all kinds between TULU BV and her commissioners and/or her clients, will be exclusively brought before the competent courts of the district.