These Terms and Conditions are filed with the Chamber of Commerce in Breda under Nr. 20161227
1.1 These conditions apply to all transactions and activities of our logistics services as well as the rental of tank containers and container chassis.
1.2 Standard conditions used by the client / customer shall not be accepted by Tankway BV.
2.1 All quotations of Tankway BV are free of charge. Tankway BV conforms to its prices for a period of 30 days from the issuance date of the quotation.
2.2. The prices mentioned in the quotations are excluding VAT.
2.3 Lessee shall at no time acquire ownership rights of any nature of the equipment.
3.1 If at any time Lessor should have reasonable cause to doubt Lessee’s credit worthiness, Lessor may, either before or during its performance of the Lease
Agreement, require Lessee to make (part) payment in advance of the contract price or, at Lessor’s discretion, to provide reliable security to the value of such
sum or sums as are owed or will become payable by Lessee to Lessor under or by virtue of the Lease Agreement. If despite Lessor’s request for security as
aforesaid Lessee fails to provide reliable security, then without prejudice to this right to demand compensation Lessor may suspend the performance of this
obligations under the Lease Agreement or alternatively may cancel the Lease Agreement.
3.2 The client is not entitled to any claims against Tankway BV to be deducted by the client from Tankway BV ’s invoices.
3.3. If the client does not pay on time, he is charged without a notice of default an
Interest rate of the statutory interest on top of the invoice amount.
3.4 all judicial and extrajudicial costs Tankway BV makes to recover its claim are for account of the client.
3.5 Payments can not be suspended because of alleged defectiveness.
3.6 The transaction and or contract between Tankway and customer will be dissolved at once in case:
a. One of the parties involved is declared bankrupt.
b. One of the parties involved applies for her own bankruptcy.
c. One of the parties involved loses the free control over part of her assets.
d. One of the parties involved applies for suspension of payment.
e. A decision is made to liquidate one of the parties involved
4.1 “Force majeure” is generally defined as any against the will of Tankway BV independent circumstance, even if this was foreseen at the time of concluding the transaction or contract ,that prevents execution of the transaction or contract ,even temporarily , to the extent , not already included in: war, threat of war, riots, strikes, lockouts, in – and export bans, transport difficulties, fire and other serious disruptions in the business of Tankway BV or its suppliers / contractors / third parties.
4.2 If force majeure is in effect, Tankway BV has the right to cancel or the order, to ration or postpone its obligations as long as force majeure lasts, including a reasonable extension period after the force majeure.
5.1 The liability of Tankway B.V. is limited to the net invoice value of the contract of the service provided. Supplied tank containers and chassis are always “within test “. Lessee is responsible for presenting tank container in time before the next test date.
5.2 The compensation resulting from the 5.1 will not exceed the height of Tankway ‘s business liability insurance amount.
6.1 Tankway is not insured against theft of tank containers and chassis, or for any damages resulting therefrom. Tankway is willing to assist you finding an insurance against theft. If any container(s) is arrested, detained, confiscated, lost , stolen or destroyed, the customer, (Lessee )shall notify Tankway immediately.
6.2 Les 6.2 Lessee shall at no time acquire ownership rights of any nature of the Equipment.
7.1. Complaints about the quality of the services provided can only be made within 14 days after the client has discovered the defectiveness of services delivered.
7.2 also a complaint is inadmissible if the customer is not giving Tankway the opportunity to repair any defects.
8.1 This contract shall be governed exclusively by Dutch law. This contract shall not be governed by any other conditions than the conditions mentioned in this contract and the conditions of the Owner (Tankway BV) of the container(s).
8.2 All disputes arising out of or in relation to this contract shall be, in first instance, decided upon by the competent Court in Rotterdam, at the exclusion of any other Court unless otherwise decided.
ADDITIONAL GENERAL TERMS AND CONDITIONS FOR LEASING OF TANKCONTAINERS
1.1 The Lessee may use the container(s) for any purpose incidental to its business, provided that such use is in accordance with the nature and construction of subject container(s). It is, however, prohibited to stow and/or carry goods in the container(s) that might cause damage to or loss of the subject container(s) or that might cause seizure by Customs and/or other authorities. The Lessee is accountable for all product related and impact related damages. Tankway is willing to insure impact related damages upon Lessee’s requirement.
1.2 The Lessee shall comply with any and all governmental and other regulations laws or directions governing the use of container(s) including, but without prejudice to the generality of the foregoing, Customs Conventions on Containers 1956 and 1972. The Lessee shall indemnify TANKWAY BV against liability for VAT payable as a result of the use of a container in the Netherlands which was originally supplied for export and use outside the Netherlands.
1.3 The Lessee shall pay all fines, taxes, charges or withholdings of any nature whatsoever (including interest if any) arising out of or incidental to the use of the container(s) under this agreement and hereby undertakes to and agrees with TANKWAY BV to indemnify TANKWAY BV and keep TANKWAY BV indemnified against any such fine, tax, charge, or withholding composed on or suffered by TANKWAY BV.
1.4 The Lessee shall pay all charges incurred in ports, depots, terminals, storage areas or otherwise arising out of the operation, maintenance, transportation, storage, loading, unloading or other use of the container(s) and all charges relating to the repair (whether authorised or not) of the container(s) whilst in use and shall indemnify TANKWAY BV against any such charges suffered or paid by TANKWAY BV.
1.5 If TANKWAY BV is assessed from any tax, charge, costs or matter payable by the Lessee under this agreement it shall have the right, without prejudice to any other right of indemnity contained in this agreement, or regard to whether the Lessee may be exempt from or not liable for, such taxes, charges, cost or matter to pay the same (including any interest or penalties) and such sums shall immediately become due and payable as additional hire under this agreement.
1.6 The Lessee shall be at liberty to enable third parties to make use of the subject container(s), but will towards TANKWAY BV be fully responsible for the proper execution of this contract and guarantees that no use will be made of the container(s) that is prohibited in this contract and/or may be detrimental to the subject container(s).
1.7 The Lessee is responsible for returning the tank container to a designated depot, of which address will be supplied by Tankway.
1.8 Third Party Clause
1.The Lessee is aware and insofar necessary agrees to it that ownership of the lease-object may be held by a third party or
that the lease object is or will be pledged to a third party, as security for the obligations of the Lessor to such third party on account of rental- and or financial lease-agreements or any other (legal) relation.
2.Notwithstanding the existence of this rental agreement, Lessee will hand over the lease-object to aforementioned third party at its first request without being entitled to any right of retention if and as soon as such third party requires the handing over of the lease -object on the ground that the Lessor is in breach with its obligations to such third party. Because of such request this rental agreement will be dissolved by operation of law with immediate effect. The handing over as referred to above,will take place at a location of aforementioned third party or at the location indicated by such third party.
3.If the situation of clause 8.2 occurs and aforementioned third party wishes to continue the use of the lease-object by the
Lessee , the Lessee undertakes to enter into a rental agreement with such third party at its first request for the remaining term of this agreement and under uniform conditions.
4. The Lessor and the Lessee agree to the exclusion of articles 7:226 and 7:227 of the Dutch Civil Code.
5. This third party clause (“derdenbeding”) is irrevocable by both Lessee and Lessor.