Art. 1. The forwarder undertakes a contractual obligation relating to means not results. He only answers for errors or omissions made by himself or his staff. He is not liable for acts of third parties. Nevertheless, the indemnity for damages caused by his errors and omissions for which he may be liable is limited to 1,24 EUR per Kilo with a maximum of 1240 EUR per consignment. The principal can nevertheless, apart from the insurance possibilities offered under art. 34, make a specific agreement with the forwarder as to special responsibility, against an adequate remuneration.
Art. 2. Invoices of the forwarder are payable immediately and cash without discount, and payments may under no circumstances be subordinated to circumstances or to the good execution of the operation charged in account or of others. Any complaints in connection with Forwarders’ invoices must be presented within eight days. Except in cases of double invoicing or the wrong addressing of an invoice, discussions about the invoice can never exonerate the debtor from payment. In the absence of any contrary agreement, the place of settlement and of payment is that were the forwarder is established.
Art. 3. The risk of changes in exchange rates or in the value attributed by law to the Euro is for account of the principal. Prices and quotations are automatically subject to readjustment, in case of any change of same.
Art. 4. The sending of an invoice must be considered as a summons to pay its amount. In case of delay in the settlement of an invoice, the forwarder is entitled to claim a yearly interest of 12% without him being obliged to send a new summons to his principal.
Art. 5. If within the period of fifteen days dating from the dispatch by post of a written summons letter the debtor has not paid, the amount of the debt will, in addition to the interests stipulated in art. 4 automatically be increased by 10% of the invoice amount as contractual and irreducible damages for supplementary administration expenses, survey of debtors and commercial perturbations.
Art. 6. In the absence of a compromise clause, all judicial suits, deriving from a dispute between the forwarder and his principal, even by means of guarantee and even in the case of a plurality of defendants, must be brought before the Tribunal of Commerce at the place where the forwarder has his principal establishment. Nevertheless, only the forwarder is always authorized to bring the issue before the “rationae loci” competent Court.