GENERAL TERMS AND CONDITIONS SHIP INSURANCE INTERNATIONAL B.V.

  1. Ship Insurance International BV is a limited partnership formed under Dutch Law, with it registrated office in Groningen, registered in the chamber of commerce under number 73686883.
  2. These General Terms and Conditions are applicable to all advices, special offers, designated offers (made) by Ship Insurance International BV. They also apply to all orders placed with Ship Insurance by a client. Only Ship Insurance International BV is deemed to be the supplier of the client.
  3. Ship Insurance International BV remuneration consists of fee or commission or brokerage determined on the basis of the insurance premium. Other remuneration elements may include the brokerage for settlement of damages, recourse payments, and additional payments by insurers for services provided to them. Ship Insurance International BV can also charge clients policy and administration costs.
  4. Ship Insurance International BV undertakes to the client to protect the confidentially of all confidential information relating to the client and the order. The confidentially obligation continues until one year after the termination of the order.
  5. LIABILITY
  6. The provisons of Article 5 concerning liability apply for Ship Insurance International BV, including affiliated companies of Ship Insurance International BV and employees of Ship Insurance International BV and of companies affiliated to Ship Insurance International BV. The provisons concerning liability in this article 5 also apply to claims filed against Ship Insurance International BV of the client or such companies.
  7. To the extend permitted by law and with the exception of damages arising soley and directly as a result of intent or gross negligence (on the part of Ship Insurance International BV or her managers), Ship Insurance International BV’s liability to the client for all damages, costs and expenditure (inclusing but not confined to legal fees) concerning or relating to the service provision by Ship Insurance International BV is limited to EUR 2.500.000,00. Ship Insurance International is in no case liable for trading losses, consequential loss or indirect damages (inclusing loss of earnings and/or profit).
  8. Ship Insurance International BV is never liable for whichever damage that derives from the circumstance that (e-mail) messages sent to Ship Insurance International BV that have not reached Ship Insurance International BV.
  9. Ship Insurance International BV is never liable for whichever damage that derives from the circumstance that the Client has not or not timely paid the premiums and/or interests brought into account to him for Financial Products concluded by him/her after mediation of Ship Insurance International BV.
  10. All claims (by the client or companies affilated to or employees of the client) against Ship Insurance International BV (or companies affilated to or employees of Ship Insurance International BV) concerning or related to the service provision by Ship Insurance International BV must (without prejudice to the provisions of Article 6:89 of the Netherlands Civil Code and by way of departure from any lengthier statutory forfeiture and limitation terms) be led no later than one year from the date on which the client became aware of the grounds for the claims, or should have been aware of the grounds for those claims.
  11. Ship Insurance International BV is never responsible for errors or omissions by third parties such as non- affilated co-brokers and sub-agents.Liability for actions by third parties is therefore entirely ruled out.
  12. Ship Insurance International BV is never liable for damage which is suffered by the client or third parties as a consequence of incorrect, incomplete or untimely provided information by the client. To provide the client sufficient coverage Ship Insurance International BV depends on the information provided by the client, including information on (changes in) business operations, business activities or legal form, acquisitions, procurements and sales, insurance policies held elsewhere and the like.
  13. Ship Insurance International BV checks the capital adequacy/solvency of insurers on the placement and renewal of insurance policies but is not liable if an insurer proves to be insolvent after the event.
  14. If Ship Insurance International BV takes over insurance policies from another agent, Ship Insurance International BV is not liable for those policies (in observance of this Article 5) until Ship Insurance International BV has had a reasonable period in which to assess their status and issue an advisory report.
  15. Ship Insurance International BV is not liable for damages suffered by the client as a result of an erroneous calculation or estimate of the premium and taxes applying to the insurance.
  16. In case a dispute deriving from special offers, designated offers, agreements, advices and other services to which the present General Terms and Conditions are applicable will be submitted to the civil courts, then the District Court of Groningen, the Netherlands who shall be competent to hear any dispute between the client and Ship Insurance International BV.