(In any case of discrepancy, contradiction, and/or doubt regarding the interpretation between the Dutch and English versions, the Dutch version of these general terms and conditions shall prevail.)
1.1. All services provided by BRABO HAVENLOODSEN EN BOOTLIEDEN BV (hereinafter: Brabo) are subject to these general terms and conditions. The Client declares to have taken note of Brabo’s general terms and conditions, to accept their applicability, and to waive the application of its own general terms and conditions.
1.2. With regard to obligations relating to the vessel, the Client declares and warrants that it is authorized to enter into such obligations as owner or charterer, or on behalf of and for the account of the owner or charterer.
2.1. Brabo organises pilotage services, performs mooring and unmooring services for vessels and delivers related services such as Shoretension, the provision of a helmsman,….. In addition, Brabo provides the service of “ammonium nitrate fireguard”. Brabo shall perform its services to the best of its knowledge, ability and expertise, without being able to guarantee a specific result. In the context of the “ammonium nitrate fireguard” service, Brabo shall always be entitled, prior to accepting the assignment or during its performance, to request additional safety assurances and
2.2. The Master of the vessel retains the full and exclusive command of the piloted vessel. The pilot and/or helmsman operates under his instruction and must be regarded solely as an advisor. The pilot and/or helmsman is authorised, to perform under the sole responsibility of the Master every act of an intellectual or physical nature which the Master deems useful or necessary, or which he tacitly tolerates, including the supervision of or otherwise attending to the navigation of the vessel or aspects thereof; such acts by the pilot and/or helmsman fall within the scope of his advisory duties.
2.3. Should circumstances arise that Brabo could not reasonably have foreseen at the time of concluding the agreement, and which make the execution of the agreement unreasonably burdensome, the Client shall consult with Brabo in order to reach a reasonable adjustment of the agreement.
3.1. All equipment made available by and/or rented out by Brabo shall at all times remain the exclusive property of Brabo.
4.1. The Client and/or its contractual partners can hold Brabo liable solely on a contractual basis. Any non-contractual liability of Brabo, its directors, the pilots, helmsmen, boatmen and any other servant of Brabo is expressly excluded.
4.2. Brabo, the pilots, the helmsmen, the boatmen and any other servant of Brabo are, in any event, relieved of liability towards the Client, the vessel, the crew and the cargo for any damage arising from their fault or negligence, except in the event of proven gross negligence or wilful misconduct. Additionally, and insofar applicable, the liability of Brabo as organiser of pilotage services and of its personnel is governed by Article 3bis of the Act of 3 November 1967 concerning the Pilotage of Maritime Craft, including the exemptions and limitations of liability contained therein.
4.3. Without prejudice to Article 4.2. above, the liability of Brabo, the pilots, the helmsmen, the boatmen and any other servant of Brabo shall in all cases, including in the event of proven gross negligence, be limited to EUR 25,000.00. This limitation also applies to Brabo’s liability in the event of wilful misconduct by the pilots, the helmsmen, the boatmen and any other servant of Brabo.
5.1. The Client shall compensate Brabo, the pilots, the helmsmen, the boatmen and any other servant of Brabo for any damage caused to them, and shall indemnify them and hold them harmless against any third-party claim for damage, for any cause or reason whatsoever.
5.2. The Client is liable for any damage (damage, loss, etc.) to the equipment made available by or rented out by Brabo.
6.1. The services performed by Brabo shall be invoiced in accordance with the rates approved by Port of Antwerp-Bruges NV under public law. The Client declares to have taken note of these rates and to accept them.
6.2. Brabo’s invoices are payable full within a period of 30 days from the invoice date. Reduced rates are only applied if the invoices are paid within this term. Once this period expires, default interest of 1% per month on the total amount of the invoice, shall be charged automatically and without prior notice of default, with a minimum of €40. Should an invoice remain unpaid one month after receipt of a payment reminder, an additional penalty of 10% of the invoice amount, with a minimum of €60, will be charged. In addition to the foregoing, the payment will be increased with any and all legal costs related to it, such as the costs of summons, registration, execution, service and similar charges.
6.3. The Client waives any right to invoke any circumstance that would entitle it to suspend its payment obligations in whole or in part, and renounces any set-off with respect to amounts charged by Brabo.
7.1. The nullity of part of a clause shall not result in the nullity of the entire clause. The nullity of a clause shall not result in the nullity of these general terms and conditions.
8.1. The agreement between Brabo and the Client is governed by Belgian law.
8.2. The courts of Antwerp, division Antwerp, shall have exclusive jurisdiction to hear any disputerelating to the formation, execution and/or termination of the agreement.
