GENERAL TERMS AND CONDITIONS - Port of Rotterdam
GENERAL TERMS AND CONDITIONS - Port of Rotterdam
GENERAL TERMS AND CONDITIONS - Port of Rotterdam
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Article 32<br />
Suspension and dissolution<br />
32.1 If the Client remains in default <strong>of</strong> any obligation towards HbR NV, as well as in the event <strong>of</strong> bankruptcy, suspension <strong>of</strong><br />
payments or cessation <strong>of</strong> the Client’s business, HbR NV is entitled to, without judicial intervention and without incurring<br />
any compensation to be paid to the Client, either suspend the services, in whole or in part, for a temporary period or<br />
permanently, or dissolve the agreement in question in reference to all or part <strong>of</strong> the as yet unfulfilled portion <strong>of</strong> the<br />
agreement, at HbR’s discretion, this by means <strong>of</strong> a written declaration. The foregoing is without prejudice to<br />
the other rights accruing to HbR NV.<br />
32.2 In the event <strong>of</strong> dissolution <strong>of</strong> the agreement on the grounds stated in Article 26.1, all claims held<br />
by HbR NV become immediately exigible in full.<br />
Article 33<br />
Removal <strong>of</strong> Seagoing Vessel and/or Inland Vessel<br />
33.1 If the Client fails to fulfil its obligations or fails to fulfil them on time, HbR NV has the right to remove the Seagoing<br />
Vessel and/or Inland Vessel, or to have the vessel(s) removed, at the expense and risk <strong>of</strong> the Client.<br />
Article 34<br />
Applicable law and disputes<br />
34.1 The legal relation between HbR NV and the Client is governed by Dutch law, to the exclusion <strong>of</strong> all other laws.<br />
34.2 The competent court in the district <strong>of</strong> <strong>Rotterdam</strong> will have in first instance exclusive competence over any disputes that<br />
may arise in connection with these General Terms and Conditions.<br />
Article 35<br />
Nullity <strong>of</strong> one or more provisions<br />
35.1 The nullity <strong>of</strong> any provision set forth in the agreement or in these General Terms and Conditions has no effect on the<br />
other provisions <strong>of</strong> the agreement and these General Terms and Conditions.<br />
35.2 If and ins<strong>of</strong>ar as any provision set forth in the agreement or in these General Terms and Conditions should be deemed<br />
to be unreasonably onerous, unacceptable or invalid under the given circumstances, then that provision will be<br />
replaced by a provision applicable between the parties that, taking all circumstances into account, will be acceptable<br />
and approach the scope <strong>of</strong> the provision deemed non-applicable under the circumstances.<br />
These General Terms and Conditions apply as from January 1 st 2011.<br />
Havenbedrijf <strong>Rotterdam</strong> N.V.<br />
ir. drs. H.N.J. Smits, CEO<br />
ir. T. Menssen MBA, CFO/COO<br />
12 <strong>GENERAL</strong> terms and <strong>CONDITIONS</strong>