Equipment Terms and Conditions

EQUIPMENT TERMS AND CONDITIONS

(version October 2014)

1.  Gist Nederland BV (Carrier) can opt to exchange and/or return transport materials (the so-called “equipment”) and may keep records to that end, such as the prior written request of the client (Client). The Carrier will do so solely subject to the application of these equipment terms and conditions.

2.  Carrier will only keep records of the following types of transport materials:

·  CC RFID

·  CC- (containers equipped only with small metal CC plate)

·  DC (containers without a small metal CC plate)

·  Europallet

·  sheets

3.  The Carrier will visually inspect which type of CC-container is loaded, but will not use scanners to verify the authenticity of the label. The Carrier does not accept any liability with regard to the authenticity of loaded or unloaded RFID containers.

4.  The Carrier will keep records of the number of loaded and unloaded containers. The Carrier will provide the Client with a monthly overview of the equipment changes, indicating the resulting balance on the current account. The Client will check the overview and will respond as soon as possible, yet not later than within two weeks, with a confirmation of the balance or with a specified overview of the differences. Should the parties disagree, then they are to determine the balance together. The overview as provided by the Carrier will be considered approved should the Client fail to respond within two weeks.

5.  The Carrier will return the CC RFID containers that it acquires from the recipient to the Client as much as possible via the auction numbers of Flora Holland. The other types of cargo carriers will be physically returned to the Client in mutual consultation.

6.  The Carrier can only exchange and/or return equipments if and insofar as the recipient of the cargo facilitates this. The Client is to come to separate agreements with the recipient to that end, if so desired by the Client. The Carrier does not accept any liability if the recipient is found not to facilitate the exchange and/or return.

7.  The Client guarantees the Carrier that the recipient can make a 1-on-1 exchange of the transport materials upon delivery of the cargo, taking into account the type of load carrier. Should this not be possible at the destination, then the carrier will state this on the bill of carriage. Any additional costs will be at the expense of the Client in such cases.

8.  The Client guarantees the Carrier that the recipient will offer the transport materials intended for exchange stacked correctly in accordance with the CC-quality manual as observed by the Carrier. A copy will be provided upon request. If the Carrier itself has to stack the materials, then the time involved will be specified on the bill of carriage and subsequently charged to the Client.

9.  In order to bridge the turnover rate of the transport materials (the time between loading the cargo and returning the empty transport materials to the Client), the Carrier and Client may opt to agree on a so-called “freikontingent”. This is the number of transport materials that may be in circulation at any time during the transportation agreement, without the Carrier or the Client owing the other party financial remuneration. The freikontingent is made available to the Carrier at the expense of the Client unless explicitly agreed upon otherwise.

10.  The scope of the freikontingent is to be determined by the Carrier and the Client in mutual consultation, in which parties will take into account the transport volumes as agreed upon and the degree to which the recipient of the cargo is able to exchange the transport materials 1-on-1. The Carrier reserves the right to increase the freikontingent, should it be found not to cover the turnover rate.

11.  The balance will be calculated at the end of each month. Rent will be owed on a monthly basis if the freikontingent is exceeded. The rent amounts to EUR15,- per cargo carrier (CC, DC, pallet) and EUR7,50 per sheet per month.

12.  The outstanding balance is to be settled within one (1) month once the transportation agreement ends. Rent will be owed on delays in the amount of EUR15,- per cargo carrier (CC, DC, pallet) and EUR7,50 per sheet per month.

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