General Terms & Conditions NDN BVBA

Art. 1

These terms and conditions apply to any transaction agreed with NDN BVBA. Deviating specific terms are only binding if they were agreed in writing and only apply to the contracts to which they relate. The present terms and conditions prevail over the terms and conditions of the other contracting parties.

Art. 2

Any offer by NDN BVBA is valid for 30 calendar days, unless stated otherwise. All offered and agreed prices only relate to the remuneration of the services to be provided by NDN BVBA and, in no case, include potentially due import duties, excise duties, VAT, environmental tax, packaging tax, energy contributions, fees, fines, interests and charges…

Art. 3

The amounts or fees charged by NDN BVBA are payable at NDN BVBA’s registered office at the expiration of 8 days after the invoice date. Any protest against the invoicing or against the invoiced services and amounts charged must be received in writing by NDN BVBA within 14 days after the invoice date.

Any debt not paid on the due date will be increased, without prior notice, with compensatory interests at the statutory rate (law of the 2nd of August 2002, concerning the Combat against Late Payment in Commercial Transactions) and further increased by liquidated damages equal to 10 % of the debt to cover any economic and administrative loss, without prejudice to NDN BVBA’s right to prove the existence of more extensive damage, as well as the attorney fees.

Art. 4

The principal is obliged to instruct NDN BVBA, either directly or through third parties, in time and in writing, and must provide NDN BVBA with all papers and documents (such as invoices, packing list, certificates of origin, movements certificates, licenses, applications for refunds, etc..) and with all information (such as the commodity codes, origin of the goods, quota numbers, VAT numbers …) necessary or useful to carry out the task entrusted to NDN BVBA in compliance with applicable laws.

In addition, the principal is obliged, at first explicit request (telephone, e-mail, fax or any other way) of NDN BVBA, either directly or through third parties, to provide additional evidence and documentation and additional information relating to the task entrusted to NDN BVBA.

Art. 5

The principal is in all cases and in all circumstances liable for all possible sums and amounts (such as import duties, excise duties, VAT, environmental tax, packaging tax, energy contributions, fees, fines, interests and costs …) which would be charged by whomever to NDN BVBA and which are directly or indirectly related to the task entrusted to NDN BVBA.

The principal will, at first request, fully indemnify NDN BVBA for the afore mentioned sums and amounts, either by way of a security or a payment, even if the recovery in question would be the subject of a litigation or a litigation were to be considered.

Art. 6

The principal pledges himself to a joint and several liability for all amounts or fees charged to third parties by NDN BVBA under the task entrusted to him.

Art. 7

NDN BVBA commits itself to carry out the task entrusted to the best of her ability.

Art. 8

NDN BVBA commits itself to treat the by the principal entrusted information in the context of an entrusted task and within the limits of the law, as confidential.

Art. 9

NDN BVBA is not obliged to verify the authenticity or regularity of the documents provided or the accuracy of the information received but is however entitled to do so.

Art. 10

NDN BVBA is only responsible for the damage resulting out of a non-performance, incomplete or improper execution of the instructions obtained. In any case, NDN BVBA’s liability is at all times limited to the amount of the service or services invoiced by it.

Art. 11

NDN BVBA has the right to refuse the execution of the entrusted task if it considers that the execution of this

task entails an increased risk of liability or, for some other reason, is not economically justified.

In addition NDN BVBA always has the right to suspend the execution of a task entrusted to it if the principal fails to fulfil the obligations stated above.

Art. 12

Any claim for liability against NDN BVBA will be time barred after 6 months. This limitation period commences the day following the date of the invoice.

Art. 13

Any claims of NDN BVBA against its principal will be privileged under art. 14 of the Act of the 5th of May 1872, art. 20.7 of the Mortgage Act and art. 136 of the General Customs and Excise Act and relates to all goods, documents or money currently or in the future in her possession, custody or control, regardless of the fact whether the claims pertain completely or partly to the receipt or forwarding of other goods than those in his possession, custody or control.

NDN BVBA will have the right to retain the goods and it will be entitled to sell or dispose of the goods and to use all the proceeds for its claim. These goods shall also serve as security, irrespective of the fact whether the principal is the owner of the goods.

Art. 14

All disputes whatsoever will fall within the exclusive jurisdiction of the Courts of Antwerp, without prejudice to NDN BVBA’s right to instigate proceedings before another Judge of her choice. Disputes are governed exclusively by Belgian Law.

Art. 15

Statements of account are not a legal obligation, but only a fundamental obligation of the custom broker. The custom broker tries to give the customer notice of default on a monthly basis by means of a statement, but an invoice can not be refused in any way in the absence of a prior notice of default.

Art. 16

For all matters not governed by these Terms and Conditions reference is made to the Belgian Freight Forwarding Standard Trading Conditions published in the annex of the Belgian Official State Magazine of the 24th of June 2005 under the number 0090237. A duplicate will be delivered by NDN BVBA at the written request of the principal.