1. These DUPI general terms and conditions shall apply to all offers and assignments which Dutch P&I Services B.V. (DUPI) and/or DUPI Amsterdam B.V. (DUPI) issue and execute respectively in their capacity as a P&I correspondent, consultant or claims handler in relation to shipping, transport and logistics. They shall also apply for the benefit of DUPI’s directors and staff.

2. A service agreement shall come into effect, once DUPI consents to it. An assignment may be awarded and consent may be given to it verbally (also by telephone) or in writing (by post, fax, e-mail or otherwise), and may occur through an agent, intermediary or representative of the client concerned.

3. DUPI may engage any other party – such as a nautical or commodity expert, or lawyer, among others – at a client’s risk and expense for the purposes of carrying out an assignment. When engaging such other party DUPI shall exercise due care but shall not be liable for any default on the part of such party.

4. A client shall consent to the fact that DUPI will enter into an agreement with any other party referred to in Article 3 at the client’s risk and expense, and that the general terms and conditions of such other party may apply in respect thereof. A client shall be deemed to have authorised DUPI to consent to such general terms and conditions on the client’s behalf, tacitly or otherwise.

5. Any P&I club, broker or other intermediary involved with an assignment in the capacity of a middleman, shall be required to inform an insured party, member or other party of these DUPI general and/or any other applicable terms and conditions immediately, if such party or member may be deemed to be a client.

6. DUPI shall only be liable for any loss which is due to a wilful act or omission, or any similar form of gross negligence.

7. DUPI’s liability shall be confined to an amount which is paid out pursuant to any professional liability insurance that it has taken out plus a sum equivalent to its applicable excess. DUPI shall send a client information about such liability insurance free of charge in response to a written request for same from that client. In the event that no payout is forthcoming pursuant to any professional liability insurance for any reason whatsoever, DUPI’s liability shall be confined to €10,000.00 or, if the fee payable for the relevant assignment amounts to more, the equivalent of that fee subject to a maximum of €25,000.00.

8. Any claim against DUPI shall lapse by virtue of the mere elapse of six (6) months counting from the day following that on which the event occasioning the relevant loss occurred.

9. DUPI shall charge a client for any costs incurred for the purposes of executing an assignment. A client shall have a duty to pay any invoice issued by DUPI by the deadline for payment stipulated on it. Such costs shall consist of fees, expenses and/or any fees and expenses of some other party.

10. The legal relations between DUPI and a client shall be solely governed by the law of the Netherlands. A competent court of law in Rotterdam shall enjoy exclusive jurisdiction to hear any dispute between DUPI and a client.

11. These DUPI general terms and conditions have been drawn up in Dutch. The Dutch version shall prevail, if there is any conflict between it and a translation of it.

12. In the event that all or part of one (1) or more articles of these terms and conditions is nullified by a competent court of law, all of the other articles shall continue to apply in full.

13. These terms and conditions have been lodged as Number 24169767 with the Rotterdam Chamber of Commerce.