• Phone +316 1613 3135
  • Black Cat Logistics, Klundert, Holland
  • info@blackcatlogistics.nl

Terms & Conditions

Article 1: Definitions

When terms in these General Terms and Conditions of Black Cat Project & Event Logistics or in the Agreement are capitalized, in plural or singular, the following is meant:

Acceptance: Acceptance of the quotation or Offer can take place in writing, physically or Verbally by the Customer or by the actual provision of the Service to the Customer.
Offer: Price quote made at the request of the Customer for the provision of a Service.
General Terms and Conditions: The text in this document that applies to the provision of Services.
BCL: The business Black Cat Project & Event Logistics located in Klundert and registered with the Chamber of Commerce under number 81799020.
Service: The activities performed by BCL on behalf of the Customer.
Usage Period: Duration during the term of the Agreement in which Goods are being processed or used by or on behalf of the Customer or third parties in the name or on behalf of the Customer.
Customer: Natural person or a legal entity with which BCL has entered into or will enter into an Agreement.
Additional Work: Necessary activities that are performed additionally during the provision of the Service.
Verbally: Direct mutual contact between Customer and BCL, either by telephone or in person.
Agreement: The document in which the Customer and BCL confirm the mutually agreed Service(s) to be provided.
Parties: Customer and BCL involved in the Agreement.
Force Majeure: Circumstances, insofar as a carefully operating BCL could not have avoided these and insofar as such BCL could not have prevented the consequences thereof. Such circumstances include: government measures, extreme weather conditions, earthquakes, war, terrorism, business, traffic and or transport disruptions, disruptions in the delivery of a finished product, raw materials and/or aids, illness of deployed personnel, work strikes, lockouts, hindrances by third parties, technical complications unforeseen by both parties, etc.
In Writing: Via written word by letter or via digital electronic means.
Transport: The transportation or having goods transported.
Delay Damage: Financial damage due to delayed delivery of goods.
Goods: Material or equipment owned by BCL or rented by BCL.

Article 2: Scope

  1. These General Terms and Conditions apply to all Offers and Agreements in which BCL is a party, unless expressly agreed otherwise in writing.
  2. All Offers are without obligation. Any purchase or other conditions of the Customer do not apply, unless these have been expressly accepted by BCL in Writing.
  3. The obligations as set forth in the Agreement of BCL never go further than has been confirmed by BCL in Writing or Verbally.

Article 3: Offer and Formation of Agreement

  1. All Written Offers from BCL are without obligation and valid for 14 (fourteen) days after the date of issue, unless otherwise explicitly stated in the Offer in Writing. If the Customer has not accepted the Offer within the aforementioned period, the Offer expires unless extension of the Offer has been agreed upon in Writing. After the expiration of the Offer, BCL is entitled to modify the Offer.
  2. The Offer is based on the information provided by the Customer, with BCL relying on its accuracy and completeness.
  3. An Agreement is only concluded if both the Customer and BCL have signed the acceptance of the Offer in Writing, "the order confirmation," unless agreed otherwise with BCL.

Article 4: Cooperation by Customer

  1. The Customer shall always timely provide all data or information useful and necessary for the proper execution of the Agreement and cooperate fully.
  2. The Customer guarantees the accuracy, completeness, and reliability of the information provided to BCL, even if it comes from third parties.
  3. If the execution of the Agreement is delayed because the Customer does not comply with the obligations mentioned in article 4.1 or if the information provided by the Customer does not meet the requirements of article 4.2, the resulting additional costs are for the account of the Customer, and BCL is authorized to charge the additional work that has become necessary.
  4. The Customer must inform BCL immediately if a seizure is made on movable or immovable properties of BCL or on the rented goods concerned, or if the property rights of BCL are threatened in any other way. The same applies in the event of the Customer's bankruptcy, if the Customer applies for a suspension of payment, or has ceased its payments for other reasons. In the cases mentioned above, the Customer is obliged to immediately provide the seizing bailiff, the curator or administrator with insight into the Agreement concerned.

Article 5: Execution

  1. BCL takes on an obligation of effort in the execution of the Agreement and will perform this Agreement to the best of its knowledge and ability in accordance with the demands of good craftsmanship.
  2. BCL will take into account as much as possible the reasonable wishes of the Customer in the execution of the Agreement, provided this is, in the opinion of BCL, conducive to a proper execution of the Agreement.
  3. If and insofar as proper execution of the Agreement requires, BCL has the right to have certain works performed by third parties.
  4. If Transport is part of the Agreement, then the following applies:
    The loading and unloading address must be accessible with a truck. The shipper/receiver unloads the goods and is liable for the damage that occurs during loading/unloading. The number of loading and unloading addresses as well as the loading and unloading times are agreed upon in the Agreement. This applies per loading/unloading address. The loading/unloading time amounts to:
    = < 3 loading meters: maximum 0.5 hour
    > 3 loading meters - = < 7 loading meters: maximum 1 hour
    > 7 loading meters: maximum 2 hours
    If this time is exceeded, additional costs will be charged.
  5. If transport is part of the Agreement, then this transport is carried out under the CMR/AVC conditions.

Article 6: Changes and Additional Work

  1. Parties may agree in the interim that the approach and scope of the Agreement and/or the resulting work be expanded or changed. Additional work will, in principle, only be performed by BCL if the Parties have signed a Written additional agreement regarding this.
  2. These extra activities will be reimbursed by the Customer according to BCL's usual rates.
  3. The Customer accepts that changes to the activities as referred to in article 6.1 may influence the agreed or expected time of completion of the Agreement.
  4. If, in the opinion of BCL, a change in the execution of the Agreement is necessary to meet the obligations towards the Customer, BCL is authorized to make that change, reasonably and fairly.

Article 7: Rates and Price

  1. Parties may agree on a rate per hour, per day, or a fixed rate at the establishment of the Agreement.
  2. All rates are exclusive of Transport, travel, and accommodation costs.

Article 8: Payment

  1. Payment by the Customer must be made within 14 (fourteen) days after the invoice date, without any deduction or offset by transferring to a bank account designated by BCL.
  2. BCL may request an advance payment from the issuing of the Offer, the acceptance of the Agreement, and during the term of the Agreement as security for the fulfillment of the Customer's obligations towards BCL.
  3. If the Customer does not pay the due invoice amounts within the agreed term, the Customer is in default without a notice of default being required. BCL is entitled to hand over the claim, in which case the Customer, in addition to the then due total amount, will also be obliged to reimburse extrajudicial collection costs, the amount of which is determined at 15% (fifteen percent) of the total due amount, and any legal costs.
  4. If the Customer has an objection to an invoice from BCL, then the Customer will notify this within 10 (ten) days after the date of the invoice. The Customer has up to 10 (ten) days after the date of the invoice to motivate this objection in Writing. If the Customer has not complied with the above, the Customer is deemed to have accepted the invoice.
  5. All prices are exclusive of VAT and other government-imposed levies.

Article 9: Deadlines

Exceeding an agreed (delivery) term does not give the Customer the right to cancel the Agreement or to refuse the acceptance of - or payment for Services unless the Customer has given BCL a reasonable period for delivery in Writing, and BCL also fails to meet its obligations within this period.

Article 10: Force Majeure

In the event of Force Majeure, the delivery and other obligations of BCL are suspended. In that case, BCL is obliged to deliver as soon as reasonably possible. Force Majeure is equated with unforeseen circumstances concerning persons and/or material which BCL uses or tends to use in the execution of the Agreement, which are of such a nature that the execution of the Agreement thereby becomes impossible, or so troublesome and/or disproportionately expensive that the prompt compliance with the Agreement cannot reasonably be demanded from BCL.
If BCL has already partially met its obligations at the onset of the Force Majeure, BCL is entitled to invoice the already delivered separately, and the Customer is obliged to pay this invoice as if it were a separate Agreement.

Article 11: Liability

  1. The total liability of BCL for attributable failure to perform the Agreement is limited to compensation for direct damage up to a maximum of the amount of the declared order sum at the time of the fault as mentioned in the Agreement. For Agreements with a duration of more than one (1) year, the compensation is limited to a maximum of 1 (one) times the agreed annual fee.
  2. If there is damage to goods made available to BCL by the Customer within the Agreement, the liability of BCL is limited to the goods that were actually and specifically being processed or treated by BCL at the time of the damage being inflicted.
  3. If an event (including an omission) occurs in the execution of an Agreement for which BCL is liable, that liability will be limited to the amount paid out in that case under the liability insurance taken out by BCL, increased by the deductible that BCL bears in connection with that insurance. This also includes movable goods that the Customer has made available to BCL under the Agreement.
  4. If transport is part of the Service to be provided, BCL accepts liability of €3.40 (three euros and forty cents) per kilogram gross weight.
  5. Because the liability of BCL is limited, BCL advises the Customer to take out insurance itself so that the goods to be transported and/or treated are insured for the full value. This means that the compensation will be paid for damage above the amount of BCL's maximum liability and in case BCL is not liable for the damage (for example, in case of force majeure).
  6. The liability of BCL for attributable failure to fulfill the Agreement only arises if the Customer immediately and properly notifies BCL in Writing, setting a reasonable period for remedying the failure, and BCL also fails to fulfill its obligations after that period.
  7. BCL is not liable for damage caused by the Customer's failure to provide correct information which BCL, in its opinion, needs for a correct execution of the Agreement in a timely manner.
  8. The Customer will indemnify BCL for liability as a result of claims by third parties as well as for damage caused by the actions or omissions of third parties involved in the execution of the Agreement.
  9. Apart from the liability mentioned in article 11.1, BCL bears no liability whatsoever for compensation towards the Customer and/or third parties, regardless of the basis on which an action would be based.
  10. During the Usage Period, the Customer is liable for all damage to the Goods being processed or used, which occurs during the Usage Period, for whatever reason.
  11. If these Goods are damaged due to fault or negligence of the Customer, are completely lost, or irreparably damaged, in the first case repair costs will be calculated at the normal
    repair rates. In the other two cases, the Customer will owe BCL a sum equal to the purchase costs of replacement Goods and the costs of replacement.
  12. BCL can never be held liable for indirect damage resulting from the use of the Goods by the Customer during the Usage Period. If BCL is demonstrably liable for direct damage resulting from the use of the Goods, then the compensation can never be more than a maximum of 3 (three) times the invoice value of the Goods made available.
  13. The Customer will, upon discovering defects in Goods during the Usage Period, immediately get in touch with BCL and only further use or treat Goods after Written or Verbal permission from BCL. If it is not possible to further treat or use Goods, a satisfactory solution will be sought in mutual consultation for both Parties.

Article 12: Cancellation

  1. BCL reserves the right to cancel Agreements in whole or in part in the event of such a change in law, regulation, jurisprudence, or (semi-)government policy that compliance can no longer reasonably be demanded from BCL. In such cases, BCL must notify the cancellation to the Customer in Writing. The Customer is not entitled to claim compensation in such cases.
  2. Cancellation of the Agreement should take place as soon as possible. BCL charges 25% (twenty-five percent) of the agreed rate for cancellation 3-7 (three to seven) days before the start of the agreed term and 50% (fifty percent) of the rate for cancellation 1-3 (one to three) days before the start of the Agreement. The full rate is charged for cancellation within 24 (twenty-four) hours before the start of the Agreement.

Article 13: Termination

Early termination of an Agreement is only possible if the Customer and BCL have expressly agreed to this in Writing or under payment of the amount due until the original end of the Agreement, unless parties have agreed otherwise in Writing.

Article 14: Applicable Law

All Agreements with Customers are subject to Dutch law.

Article 15: Expiration of Rights

  1. All legal claims of the Customer against BCL based on an Agreement expire after 1 (one) year from their origin, unless mandatory law stipulates otherwise.
  2. If BCL does not exercise a right or claim based on the Agreement, this does not constitute a waiver of rights. This includes BCL's right to invoice later than the month following the month in which the Service was provided.

Article 16: Disputes

  1. All disputes that may arise between BCL and the Customer as a result of an Agreement or as a result of Agreements that may result from it will be settled by the competent court in Breda, unless BCL chooses to submit the dispute to another court.
  2. All judicial and extrajudicial costs reasonably incurred as a result of the non-fulfillment by the Customer of obligations arising from the Agreement are for the account of the Customer.

Article 17: Final Provision

  1. BCL is authorized to amend these General Terms and Conditions. The General Terms and Conditions that applied at the time of the conclusion of the Agreement, as also mentioned in the Agreement, always apply to the Agreement.
  2. In the event one or more provisions of these General Terms and Conditions are
    found to be null and void or are annulled, these General Terms and Conditions shall remain in effect for the rest. For the null and void or annulled provision(s), a legally valid provision will replace it, which approximates the null and void or annulled provision(s) as closely as possible in terms of content, scope, and effect.
  3. The Customer is not entitled to transfer its rights and obligations under the Agreement without the prior written consent of BCL.