Dutch Container Merchants B.V.
Passeerdersgracht 18, 1016 XH Amsterdam, The Netherlands
- Applicability
1.1 These general terms and conditions apply to all offers, quotations, orders, and agreements for the sale and delivery of goods by Dutch Container Merchants B.V.
1.2 By sending a written confirmation of the order – whether by e‑mail, WhatsApp, WeChat or any other written form – the customer confirms acceptance of these General Terms and Conditions, even if the confirmation does not bear a formal signature.
1.3 The applicability of any general or purchasing terms of the customer is explicitly rejected.
1.4 Any deviating terms and conditions proposed by the customer are explicitly rejected unless they have been accepted in writing by Dutch Container Merchants B.V.
1.5 These Terms and Conditions apply exclusively to the sale of containers. Lease or rental agreements are subject to separate terms and conditions, available upon request.
- Offers and Quotations
2.1 All offers and quotations are non-binding and subject to availability.
2.2 Unless otherwise specified, a quotation remains valid for 7 calendar days.
2.3 Dutch Container Merchants reserves the right to amend prices and conditions prior to a signed agreement.
- Prices and Payment
3.1 All prices are quoted in EUR or USD, exclusive of VAT, unless stated otherwise.
3.2 Payment must be made within 14 days from the invoice date unless otherwise agreed in writing.
3.3 In case of late payment, the customer is in default without further notice and shall owe interest of 10,00% per month, plus all reasonable collection and legal costs.
3.4 Dutch Container Merchants reserves the right to adjust its prices in case of changes in exchange rates, duties, raw material prices, or government-imposed levies. Customers will be informed of such changes in writing.
- Delivery and Risk
4.1 Delivery times are indicative and not binding unless explicitly agreed otherwise.
4.2 Risk transfers to the customer upon delivery or collection of the goods.
4.3 If delivery is delayed due to the customer’s actions or site inaccessibility, additional transport or storage costs may be charged.
- Retention of Title
5.1 Delivered goods remain the property of Dutch Container Merchants until all payments due are fully settled.
5.2 The customer may not pledge, sell, or encumber the goods before ownership has legally transferred.
- Warranty and Liability
6.1 Dutch Container Merchants warrants that the goods conform to the agreed specifications.
6.2 Any complaints regarding defects must be submitted in writing within 7 calendar days after delivery.
6.3 Liability is limited to the amount covered by the insurer, with a maximum of 10,000 EUR. Dutch Container Merchants is not liable for indirect or consequential damages.
- Force Majeure
7.1 In the event of force majeure, Dutch Container Merchants may suspend or terminate the agreement without liability.
7.2 Force majeure includes, but is not limited to, strikes, transport disruptions, governmental measures, natural disasters, and other unforeseen events.
- Governing Law and Jurisdiction
8.1 All agreements and disputes are governed exclusively by Dutch law.
8.2 Disputes shall be submitted to the competent court in Amsterdam, The Netherlands.
- Condition of Containers
9.1 Containers are sold in the condition stated in the agreement (e.g., new, cargo-worthy, wind & watertight, as-is).
9.2 The customer must inspect containers upon delivery and report any defects within 7 calendar days.
9.3 No warranty is provided regarding suitability for specific cargo unless expressly agreed in writing.
- Delivery and Collection
10.1 Delivery is to the agreed location. The customer must ensure the site is accessible for truck and/or crane unloading.
10.2 Delays due to inaccessible sites or lack of delivery instructions may result in additional fees.
10.3 If the customer arranges their own transport, they assume full responsibility once the container leaves Dutch Container Merchants’ facility.
- Customs, Duties, and Compliance
11.1 The customer is responsible for ensuring that the containers comply with applicable local, national, and international laws.
11.2 Dutch Container Merchants is not liable for any customs duties, import/export restrictions, or legal requirements applicable to the goods.
- Use of Containers
12.1 Upon delivery, the customer assumes full responsibility for the legal and safe use of the containers.
12.2 Dutch Container Merchants is not liable for damage, loss, or injury resulting from misuse, modification, or improper handling of containers.
13. Export Compliance
13.1 The customer is solely responsible for obtaining any export licenses or authorizations required under applicable law.
13.2 The customer represents and warrants that the goods will not be sold, exported, or transferred to any country, entity, or individual subject to international trade sanctions or embargoes.
13.3 Unless otherwise agreed, deliveries are made EXW (Ex Works) Dutch Container Merchants’ facility, in accordance with Incoterms® 2020.
13.4 In case of discrepancies between translations of these Terms and Conditions, the English version shall prevail.
DUTCH CONTAINER MERCHANTS B.V.
Date: July, 2025