Terms & Conditions


General Terms and Conditions of Frachtcontor Junge & Co. GmbH

Article 1 – Scope

  1. These General Terms and Conditions (hereinafter referred to as “General Terms”) shall apply to any and all types of legal relationship (hereinafter referred to as “Assignment”) between Frachtcontor Junge & Co. GmbH (hereinafter referred to as the “Ship Broker”, independent of the legal nature of the Assignment), a member company of the German Ship Brokers’ Association (Zentralverband Deutscher Schiffsmakler e.V.) and any other contractual partner which calls upon the services of the Ship Broker (hereinafter referred to as the “Client“), regardless of whether the Assignment of the Ship Broker is non-recurring or continuous.
  2. These General Terms shall apply specifically, but without limitation, to the Assignment of a Ship Broker as (1) liner agent (including the right to enter into bills of lading in the name, and/or for the account, of the Client), as (2) port or canal agent and as (3) sale & purchase broker or chartering broker.

Article 2  – Characteristics of Services

  1. In all cases, the Ship Broker shall act on behalf, and for the account, of the Client unless otherwise agreed in writing.
  2. The Ship Broker is entitled and authorized to take any and all measures which appear to him to be necessary in order to meet the obligations of the Assignment, including, without limitation, to entering into market standard contracts with third parties in the name, and for the account of the Client.
  3. Unless otherwise agreed in writing, any and all offers submitted by the Ship Broker shall not be binding until the Assignment has become finalized.
  4. In his function as sale and purchase broker or chartering broker, the Ship Broker shall have the authority to conclude contracts on behalf of the Client unless the Client has explicitly excluded same.
  5. The Ship Broker is exempted from the restrictions of Article 181 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
  6. The Ship Broker is authorized, but not obligated, to collect sums due to the Client from third parties and to accept payments from third parties for the Client. The Ship Broker has the right to pay out to the Client any foreign-currency amounts he has collected for the Client in Euros at the exchange rate valid on the date of payment.
  7. The Ship Broker is under no obligation to provide financial guarantees or contracts of surety to third parties for the Client or to make any payments for which the Client has not provided sufficient cover to the Ship Broker in advance, or for which the Client has not provided collateral which the Ship Broker, in his fair judgment, considers to be sufficient.

Article 3 – Remuneration, Compensation for Expenses

  1. The Ship Broker shall receive as remuneration for his services an amount to be agreed upon between the Parties unless otherwise mandatorily provided for in collective agreements or statutory regulations.
  2. For any and all financial guarantees, sureties or disbursements of the Ship Broker, the Ship Broker shall be entitled to additionally receive a commission fee of at least 2.5 % of the nominal value of the security provided.
  3. All costs incurred in connection with bank transfers made by, to or for the Client shall be borne by the Client.
  4. In addition to his entitlement to remuneration and a commission, the Ship Broker shall be entitled to demand from the Client the reimbursement of any and all expenses which he has reasonably incurred during the performance of the Assignment.
  5. The Ship Broker has the right to demand that a reasonable advance be paid for the expenses set forth in Clause 4.
  6. In the event that a specific currency has not been agreed regarding the Ship Broker’s remuneration, the Ship Broker can, at his option, demand payment in the currency of the transaction upon which his remuneration (e.g. commission) is based, or in euros at the exchange rate valid on date of the invoice to the Client. The Ship Broker can demand compensation for expenses, at his option, in the currency in which these were incurred or in euros at the exchange rate valid on the date of the invoice to the Client. Commission claims based on the provision of security shall be deemed to have arisen in the currency of the relevant security.
  7. The Ship Broker’s claims for payment shall be deemed due upon the receipt of the Ship Broker’s invoice by the Client. Receipt through electronic channels is sufficient in this context.
  8. Any payment claims of the Ship Broker which are not settled by the Client within 21 days of the invoice date shall be subject to interest from the date of the invoice at a rate of 9 percentage points above the base rate valid at the time.

Article 4 – Offsetting, Right of Retention, Lien

  1. The Ship Broker is entitled to satisfy his claims at any time from their due date onwards by offsetting these against counterclaims of the Client.
  2. The Ship Broker is also entitled to satisfy due and payable claims against the Client, or companies in which the Client directly or indirectly holds a majority share, or against companies which directly or indirectly hold a majority share in the Client, doing so from amounts collected by him for the Client (e.g. freight charges). In addition, the Ship Broker has a right of retention.
  3. Notwithstanding any rights of retention or lien to which the Ship Broker is entitled on other legal grounds, the parties hereby agree that, in relation to all claims of the Ship Broker against the Client, the Ship Broker shall have a contractual lien on any and all assets of the Client which are in, or come into, the possession of the Ship Broker, independent of the legal basis for same and independent of the date upon which such claims have arisen.
  4. At his option, the Ship Broker has, after the due date, the right to enforce the lien by selling the pledged property by way of private sale or public auction if the Client has not made payment in full, or provided other security to the satisfaction of the Ship Broker, within 30 days of the receipt of a written reminder setting a final date for payment of at least 20 days under notification of the subsequent enforcement of the lien.

Article 5 – Liability of the Ship Broker

  1. The Ship Broker shall perform his services with the diligence of a prudent businessman and shall carefully choose the individuals with whom he entrusts the performance of his obligations.
  2. Claims for damages, or reimbursement of expenses, of the Client against the Ship Broker, his official bodies, his employees or other vicarious agents are excluded unless they arise due to an act committed by the Ship Broker, his official bodies, employees or vicarious agents, which act constitutes
    1. an intentional or grossly negligent breach of duty;
    2. a culpable breach of duty resulting in an injury to life, body or health;
    3. non-fulfillment of a guaranteed characteristic; or
    4. the culpable violation of a fundamental contractual obligation. Fundamental contractual obligations (cardinal obligations) are deemed those obligations the proper performance of which is indispensable in enabling the relevant contract entered into on the basis of these General Terms to be performed and upon the compliance with which the Client customarily relies.
  3. The damages for the violation of a fundamental contractual obligation (cardinal obligation) on the part of the Ship Broker (Article 5 Clause 2 Sub-clause d.) is limited to such damage as is foreseeable and may typically occur in such contracts. This shall not apply in the event that the Ship Broker is liable for an intentional or grossly negligent breach of duty (Article 5 Clause 2 Sub-clause a.), for injury to life, body or health (Article 5 Clause 2 Sub-clause b.), or for a characteristic which the Ship Broker has guaranteed (Article 5 Clause 2 Sub-clause c.). Damage is deemed foreseeable if it is the type of damage which can normally be expected to occur given the breach of the standard obligation.
  4. The risk of incomplete, incorrect or delayed communication of information between Client and Ship Broker, specifically including, without limitation, the use of postal or electronic channels, shall be borne by the Client. This shall not apply in the event of liability arising as set forth in Clause 2 Sub-clauses a. to d. above.
  5. The provisions of the foregoing Clauses 1 through 4 shall not reverse the burden of proof to the detriment of the Client.

Article 6 – Special Liability for Forwarding Services

  1. If the Ship Broker provides forwarding services in conjunction with his Assignment, his liability in this respect shall be governed by the German Freight Forwarders’ Standard Terms and Conditions 2017 (Allgemeine Deutsche Spediteurbedingungen, ADSp 2017). The ADSp 2017 contains lower limits to liability than the statutory provisions. Clause 23 of the ADSp 2016 limits the statutory liability for loss of or damage to goods according to section 431 of the German Commercial Code in the amount of 8,33 units of account per kg to maximum 1.25 Million Euros per case of damage, and 2 Million Euros per event, or respectively to 2 units of account kg, whichever sum is the greater, and the statutory liability in case of multimodal transport that includes a sea carriage to 2 units of account if the localization of the loss or damage event is unknown.
  2. A unit of account within the meaning of this Article 6 is the special drawing right (SDR) of the International Monetary Fund.
  3. The Ship Broker will provide the Client with the text of the ADSp 2017 without delay and at no cost for the Client upon request.

Article 7 – Time Bar

  1. All claims against the Ship Broker, his official bodies, his employees and his other vicarious agents shall, independent of legal grounds, become time-barred upon expiry of one year from the relevant statutory beginning of the period of limitation unless any of the cases of liability as set forth in Article 5 Clause 2 Sub-clauses a. to d. has arisen.

Article 8 – Embargos and Sanctions

  1. The Client warrants that the transaction which is being performed in connection with the Assignment of the Ship Broker does not violate statutory rules or regulations, particularly including, without limitation, any economic, trade or financial sanctions with which the Ship Broker must comply (hereinafter collectively referred to as “Prohibitive Legislation”).
  2. The Ship Broker shall not be under obligation to perform any Assignments which violate the Prohibitive Legislation or in relation to which the Ship Broker has reason to suspect that a violation may occur. In the event of a refusal, the Ship Broker shall be entitled, notwithstanding the partial or non-performance of the Assignment, to claim from the Client the reimbursement of any and all expenses which he has incurred in connection with the Assignment.

Article 9 – Dangerous Goods

  1. The Client shall inform the Ship Broker immediately and without delay in writing if the Assignment involves any items or goods which require special handling in regard to their receipt, loading, discharge, storage, transport or delivery, or for which notification or a permit is required. This shall specifically include, without limitation, dangerous goods as defined under the International Maritime Code for Dangerous Goods (IMDG Code).

Article 10 – Confidentiality

  1. The Ship Broker is required to treat as confidential only such information and data of the Client which the Client has specifically identified as confidential in writing.

Article 11 – Written Form

  1. Any amendments of supplements to these General Conditions or to the contract of which these General Conditions are an integral part must be made in writing in order to be valid. This shall also apply to the nullification of or any amendments to the requirement of the written form.

Article 12 – Place of Jurisdiction, Applicable Law, Disputes with Consumers

  1. Any and all disputes between the Ship Broker and the Client arising from or in connection with an Assignment shall be decided exclusively by the state court competent at the location of the Ship Broker’s place of business as entered in the Register of Companies.

    To the extent that Art. 31 of the CMR or Art 46 § 1 of the CIM is applicable, the place of jurisdiction set out in the foregoing sentence shall not be exclusive, but additional. As far as Art. 39 of the CMR, Art. 33 of the Montreal Convention or Art. 28 of the Warsaw Convention are applicable, the first sentence of this Clause shall not apply. Further, the first sentence of this Clause shall not apply if a different place of jurisdiction is provided for in mandatory statutory law.

  2. As an alternative to the place of jurisdiction agreed in Clause 1, the Ship Broker is free, based on his own discretion in the individual case, to bring an action at the state court within the general jurisdiction of the Client.
  3. The Assignment of the Ship Broker shall be governed exclusively by German law, notwithstanding that the respective services may have been performed or are to be performed abroad in part or in their entirety.
  4. The Ship Broker does not commit nor is he obliged to participate in Alternative Dispute Resolution (ADR) to resolve disputes with consumers before an ADR entity in accordance with the Act on alternative dispute resolution for consumer disputes (Verbraucherstreitbeilegungsgesetz).

General Terms and Conditions of Frachtcontor Tanker Brokers GmbH & Co. KG

Article 1 – Scope

  1. These General Terms and Conditions (hereinafter referred to as “General Terms”) shall apply to any and all types of legal relationship (hereinafter referred to as “Assignment”) between Frachtcontor Tanker Brokers GmbH & Co. KG (hereinafter referred to as the “Ship Broker”, independent of the legal nature of the Assignment), a member company of the German Ship Brokers’ Association (Zentralverband Deutscher Schiffsmakler e.V.) and any other contractual partner which calls upon the services of the Ship Broker (hereinafter referred to as the “Client“), regardless of whether the Assignment of the Ship Broker is non-recurring or continuous.
  2. These General Terms shall apply specifically, but without limitation, to the Assignment of a Ship Broker as (1) liner agent (including the right to enter into bills of lading in the name, and/or for the account, of the Client), as (2) port or canal agent and as (3) sale & purchase broker or chartering broker.

Article 2  – Characteristics of Services

  1. In all cases, the Ship Broker shall act on behalf, and for the account, of the Client unless otherwise agreed in writing.
  2. The Ship Broker is entitled and authorized to take any and all measures which appear to him to be necessary in order to meet the obligations of the Assignment, including, without limitation, to entering into market standard contracts with third parties in the name, and for the account of the Client.
  3. Unless otherwise agreed in writing, any and all offers submitted by the Ship Broker shall not be binding until the Assignment has become finalized.
  4. In his function as sale and purchase broker or chartering broker, the Ship Broker shall have the authority to conclude contracts on behalf of the Client unless the Client has explicitly excluded same.
  5. The Ship Broker is exempted from the restrictions of Article 181 of the German Civil Code (Bürgerliches Gesetzbuch, BGB).
  6. The Ship Broker is authorized, but not obligated, to collect sums due to the Client from third parties and to accept payments from third parties for the Client. The Ship Broker has the right to pay out to the Client any foreign-currency amounts he has collected for the Client in Euros at the exchange rate valid on the date of payment.
  7. The Ship Broker is under no obligation to provide financial guarantees or contracts of surety to third parties for the Client or to make any payments for which the Client has not provided sufficient cover to the Ship Broker in advance, or for which the Client has not provided collateral which the Ship Broker, in his fair judgment, considers to be sufficient.

Article 3 – Remuneration, Compensation for Expenses

  1. The Ship Broker shall receive as remuneration for his services an amount to be agreed upon between the Parties unless otherwise mandatorily provided for in collective agreements or statutory regulations.
  2. For any and all financial guarantees, sureties or disbursements of the Ship Broker, the Ship Broker shall be entitled to additionally receive a commission fee of at least 2.5 % of the nominal value of the security provided.
  3. All costs incurred in connection with bank transfers made by, to or for the Client shall be borne by the Client.
  4. In addition to his entitlement to remuneration and a commission, the Ship Broker shall be entitled to demand from the Client the reimbursement of any and all expenses which he has reasonably incurred during the performance of the Assignment.
  5. The Ship Broker has the right to demand that a reasonable advance be paid for the expenses set forth in Clause 4.
  6. In the event that a specific currency has not been agreed regarding the Ship Broker’s remuneration, the Ship Broker can, at his option, demand payment in the currency of the transaction upon which his remuneration (e.g. commission) is based, or in euros at the exchange rate valid on date of the invoice to the Client. The Ship Broker can demand compensation for expenses, at his option, in the currency in which these were incurred or in euros at the exchange rate valid on the date of the invoice to the Client. Commission claims based on the provision of security shall be deemed to have arisen in the currency of the relevant security.
  7. The Ship Broker’s claims for payment shall be deemed due upon the receipt of the Ship Broker’s invoice by the Client. Receipt through electronic channels is sufficient in this context.
  8. Any payment claims of the Ship Broker which are not settled by the Client within 21 days of the invoice date shall be subject to interest from the date of the invoice at a rate of 9 percentage points above the base rate valid at the time.

Article 4 – Offsetting, Right of Retention, Lien

  1. The Ship Broker is entitled to satisfy his claims at any time from their due date onwards by offsetting these against counterclaims of the Client.
  2. The Ship Broker is also entitled to satisfy due and payable claims against the Client, or companies in which the Client directly or indirectly holds a majority share, or against companies which directly or indirectly hold a majority share in the Client, doing so from amounts collected by him for the Client (e.g. freight charges). In addition, the Ship Broker has a right of retention.
  3. Notwithstanding any rights of retention or lien to which the Ship Broker is entitled on other legal grounds, the parties hereby agree that, in relation to all claims of the Ship Broker against the Client, the Ship Broker shall have a contractual lien on any and all assets of the Client which are in, or come into, the possession of the Ship Broker, independent of the legal basis for same and independent of the date upon which such claims have arisen.
  4. At his option, the Ship Broker has, after the due date, the right to enforce the lien by selling the pledged property by way of private sale or public auction if the Client has not made payment in full, or provided other security to the satisfaction of the Ship Broker, within 30 days of the receipt of a written reminder setting a final date for payment of at least 20 days under notification of the subsequent enforcement of the lien.

Article 5 – Liability of the Ship Broker

  1. The Ship Broker shall perform his services with the diligence of a prudent businessman and shall carefully choose the individuals with whom he entrusts the performance of his obligations.
  2. Claims for damages, or reimbursement of expenses, of the Client against the Ship Broker, his official bodies, his employees or other vicarious agents are excluded unless they arise due to an act committed by the Ship Broker, his official bodies, employees or vicarious agents, which act constitutes
    1. an intentional or grossly negligent breach of duty;
    2. a culpable breach of duty resulting in an injury to life, body or health;
    3. non-fulfillment of a guaranteed characteristic; or
    4. the culpable violation of a fundamental contractual obligation. Fundamental contractual obligations (cardinal obligations) are deemed those obligations the proper performance of which is indispensable in enabling the relevant contract entered into on the basis of these General Terms to be performed and upon the compliance with which the Client customarily relies.
  3. The damages for the violation of a fundamental contractual obligation (cardinal obligation) on the part of the Ship Broker (Article 5 Clause 2 Sub-clause d.) is limited to such damage as is foreseeable and may typically occur in such contracts. This shall not apply in the event that the Ship Broker is liable for an intentional or grossly negligent breach of duty (Article 5 Clause 2 Sub-clause a.), for injury to life, body or health (Article 5 Clause 2 Sub-clause b.), or for a characteristic which the Ship Broker has guaranteed (Article 5 Clause 2 Sub-clause c.). Damage is deemed foreseeable if it is the type of damage which can normally be expected to occur given the breach of the standard obligation.
  4. The risk of incomplete, incorrect or delayed communication of information between Client and Ship Broker, specifically including, without limitation, the use of postal or electronic channels, shall be borne by the Client. This shall not apply in the event of liability arising as set forth in Clause 2 Sub-clauses a. to d. above.
  5. The provisions of the foregoing Clauses 1 through 4 shall not reverse the burden of proof to the detriment of the Client.

Article 6 – Special Liability for Forwarding Services

  1. If the Ship Broker provides forwarding services in conjunction with his Assignment, his liability in this respect shall be governed by the German Freight Forwarders’ Standard Terms and Conditions 2017 (Allgemeine Deutsche Spediteurbedingungen, ADSp 2017). The ADSp 2017 contains lower limits to liability than the statutory provisions. Clause 23 of the ADSp 2016 limits the statutory liability for loss of or damage to goods according to section 431 of the German Commercial Code in the amount of 8,33 units of account per kg to maximum 1.25 Million Euros per case of damage, and 2 Million Euros per event, or respectively to 2 units of account kg, whichever sum is the greater, and the statutory liability in case of multimodal transport that includes a sea carriage to 2 units of account if the localization of the loss or damage event is unknown.
  2. A unit of account within the meaning of this Article 6 is the special drawing right (SDR) of the International Monetary Fund.
  3. The Ship Broker will provide the Client with the text of the ADSp 2017 without delay and at no cost for the Client upon request.

Article 7 – Time Bar

  1. All claims against the Ship Broker, his official bodies, his employees and his other vicarious agents shall, independent of legal grounds, become time-barred upon expiry of one year from the relevant statutory beginning of the period of limitation unless any of the cases of liability as set forth in Article 5 Clause 2 Sub-clauses a. to d. has arisen.

Article 8 – Embargos and Sanctions

  1. The Client warrants that the transaction which is being performed in connection with the Assignment of the Ship Broker does not violate statutory rules or regulations, particularly including, without limitation, any economic, trade or financial sanctions with which the Ship Broker must comply (hereinafter collectively referred to as “Prohibitive Legislation”).
  2. The Ship Broker shall not be under obligation to perform any Assignments which violate the Prohibitive Legislation or in relation to which the Ship Broker has reason to suspect that a violation may occur. In the event of a refusal, the Ship Broker shall be entitled, notwithstanding the partial or non-performance of the Assignment, to claim from the Client the reimbursement of any and all expenses which he has incurred in connection with the Assignment.

Article 9 – Dangerous Goods

  1. The Client shall inform the Ship Broker immediately and without delay in writing if the Assignment involves any items or goods which require special handling in regard to their receipt, loading, discharge, storage, transport or delivery, or for which notification or a permit is required. This shall specifically include, without limitation, dangerous goods as defined under the International Maritime Code for Dangerous Goods (IMDG Code).

Article 10 – Confidentiality

  1. The Ship Broker is required to treat as confidential only such information and data of the Client which the Client has specifically identified as confidential in writing.

Article 11 – Written Form

  1. Any amendments of supplements to these General Conditions or to the contract of which these General Conditions are an integral part must be made in writing in order to be valid. This shall also apply to the nullification of or any amendments to the requirement of the written form.

Article 12 – Place of Jurisdiction, Applicable Law, Disputes with Consumers

  1. Any and all disputes between the Ship Broker and the Client arising from or in connection with an Assignment shall be decided exclusively by the state court competent at the location of the Ship Broker’s place of business as entered in the Register of Companies.

    To the extent that Art. 31 of the CMR or Art 46 § 1 of the CIM is applicable, the place of jurisdiction set out in the foregoing sentence shall not be exclusive, but additional. As far as Art. 39 of the CMR, Art. 33 of the Montreal Convention or Art. 28 of the Warsaw Convention are applicable, the first sentence of this Clause shall not apply. Further, the first sentence of this Clause shall not apply if a different place of jurisdiction is provided for in mandatory statutory law.

  2. As an alternative to the place of jurisdiction agreed in Clause 1, the Ship Broker is free, based on his own discretion in the individual case, to bring an action at the state court within the general jurisdiction of the Client.
  3. The Assignment of the Ship Broker shall be governed exclusively by German law, notwithstanding that the respective services may have been performed or are to be performed abroad in part or in their entirety.
  4. The Ship Broker does not commit nor is he obliged to participate in Alternative Dispute Resolution (ADR) to resolve disputes with consumers before an ADR entity in accordance with the Act on alternative dispute resolution for consumer disputes (Verbraucherstreitbeilegungsgesetz).

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General Conditions of Frachtcontor Junge B.V. of Rotterdam

(hereafter called: ‘Junge’)

registered – in Dutch, English and German – with the District Court of Rotterdam

1.1 These conditions apply to all offers of and agreements with Junge for the execution of work by Junge (including the providing of services by Junge).

1.2 The customer accepts the applicability of these Conditions for future assignments to and agreements with Junge.

2.1 Unless explicitly otherwise agreed in the relevant case, Junge shall only execute its work as the direct or indirect representative of its customer/principal. Junge therefore does not, in principle, undertake to carry out transport on instruction of its customer, but Junge undertakes, in principle, to instruct the carrying out of transport on instruction of its customer; Junge does not undertake, in principle, to carry out stevedore work on instruction of its customer, but Junge undertakes, in principle, to instruct the carrying out of stevedore work on instruction of its customer, etc.

3.1 Junge is not liable for damage, loss, claims of third parties, fines and/or costs, arising in any manner whatsoever, unless the customer proves that such damage, loss, claims of third parties, fines and/or costs were caused by the intent or wilful misconduct of Frachtcontor Junge B.V. itself or of personnel of Junge charged with the management of the performance of the agreement or the execution of the work.

3.2 If Junge is nevertheless liable (on the basis of 3.1), it shall only compensate material damage to goods or loss of goods, up to a maximum of EUR 25,000 per event or series of events with one and the same cause. Junge is never liable for other damage or loss, such as loss of profit, trading loss, costs, indirect damage or indirect loss.

3.3 Without prejudice to the above provisions regarding Junge’s liability, the customer shall indemnify Junge against all claims of third parties vis-à-vis Junge or shall indemnify Junge against damage paid or owed to third parties in connection with the work which Junge carries out or is to carry out on behalf of the customer, or with damage, costs and/or losses caused by (personnel of) the customer or by (personnel of) third parties for whose actions or omissions the customer is responsible. This duty of indemnity of the customer also covers all costs which arise in this respect on the part of Junge, including all costs connected with legal assistance.

4.1 Junge has a right of pledge and a right of retention in respect of all goods, documents and monies which are in Junge’s possession under any heading and for any purpose whatsoever, in respect of anyone who demands the issue of such items, with regard to all claims which Junge has on the customer and/or the owner. Junge can also exercise these rights in respect of what the customer still owes him in connection with previous assignments.

4.2 The customer waives any right of retention, right of suspension and right of settlement in respect of amounts owed by either party.

5.1 Junge’s invoices must be paid within 30 days after the invoice date. Any objections to the amounts charged must be submitted to Junge in writing within 14 days after the invoice date; in the event of failure to do so, the amounts charged shall be deemed as accepted and denial that such is owed shall no longer be possible.

5.2 As of the day when the customer defaults on the payment of any money he owes, he shall owe Junge a (composite) default interest of 1.5 % per month or part of a month over which the default continues.

5.3 Furthermore, in the event of default the customer is bound to pay the extrajudicial collection costs in full. These costs are deemed to be at least 15% of the outstanding amount and at least EUR 1,000.

6.1 Every claim vis-à-vis Junge shall in any event lapse if such claim has not been enforced within six months after its arising.

6.2 All agreements between Junge and the customer are governed by Dutch law. All disputes existing between Junge and the customer shall exclusively be adjudicated by the competent court in Rotterdam.

7.1 Insofar as such are not contrary to the above provisions, and without prejudice to what is stipulated in 2.1 above, the following – depending on the nature of the work to be carried out by Junge in the given case – also apply:

8.1 In the event of deviation between the Dutch text of these General Conditions of Frachtcontor Junge B.V. or of other conditions to which reference is made and any translation made thereof, or in the event the Dutch text or any translation thereof can be interpreted in a different manner, the Dutch text and/or the interpretation of the Dutch text shall be decisive.

9.1 A copy of these General Conditions and of conditions set out in 7.1, when relevant, will be furnished upon request, free of charge.