Terms and Conditions - Constellation Cold Logistics
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  1. Constellation Cold Logistics or any of its affiliated entities will be referred to as “Constellation” in these terms and conditions.
  2. All storage of goods in a Cold-/Freezing Store will be done for the account and risk of the client. The client must at least always take-out adequate insurance against FLEXA risks. In such cases, plus other risks that may be covered under a fire policy, the client and its insurer will waive any recourse against Constellation Cold Logistics and all third parties. At the first request of Constellation Cold Logistics, the client will provide proof of this insurance and waiver of recourse.
  3. Payment term is 30 days from date of invoice.
  4. Storage, freezing and tempering rates will be adjusted periodically by using the energy surcharge. The new energy surcharge is also communicated periodically.
  5. All goods must arrive with a maximum temperature of -15°C (temperature taken between two boxes). If the temperature is higher, a freezing fee may be invoiced.
  6. The invoice will have a minimum amount of € 138,00 without VAT invoiced as long as there are goods in storage or services being provided.
  7. If Constellation invoices remain unpaid, the balance of the goods in the warehouses will be retained until payment thereof. Constellation is always authorized for each delivery or return, goods processed or not, to demand payment of invoices that are still unpaid. Storage customers with unpaid invoices accept that the goods remain in storage until final payment of the invoice. If the customer does not pay, Constellation reserves the right to withhold the goods for the same amount as the unpaid invoice. In the case that the customer does not pay, for any reason whatsoever, e.g. bankruptcy or default of payment, Constellation has the right to cancel all current contracts and any goods in stock will be sold at market price and will be used until full payment of the invoice.
  8. The customer acknowledges the ABCFI or BVBVK terms and conditions together with these terms and conditions, in a language understandable to him, accepts that these BVBVK terms and conditions apply in full to all services provided by Constellation and are to be regarded as substantial. These terms and conditions can be downloaded, printed and are available on request.
  9. If you have any comments on the BVBVK terms and conditions or you submit your own general terms and conditions, this shall be arranged as follows;

    a. If this occurs at the time of acceptance of the agreement or just before the start of the work, they will not be taken into consideration. Indeed, in such a case, there can be no effective perusal and acceptance of the remarks or the other general terms and conditions. The agreement is thus concluded with the BVBVK conditions as attached to the offer.

    b. If these comments are submitted before the acceptance of the offer, they will be responded to in writing as soon as possible. The parties undertake to take the necessary steps to reach agreement in good faith on the elements under discussion within a reasonable period which takes account of the start of work. If necessary, the contract shall be concluded either in accordance with the negotiated terms or without application of the formulated remarks or the incompatible clauses of the general terms and conditions.

  10. If you have no comments on these BVBVK conditions, they are deemed to be accepted in their entirety by the client. Acceptance of these BVBVK conditions also implies that the client fully waives the application of his own conditions.

The General Terms and Conditions of the Association of Dutch Refrigeration and Freezing Companies (Nekovri terms and conditions), latest version, apply to all legal relations in which Constellation or one of its affiliated companies acts as depositary and/or contractor and/or otherwise performs work and/or services. The Nekovri terms and conditions have been filed at the Registry of the District Court in Rotterdam and will be sent free of charge upon first request. The Nekovri terms and conditions have a choice of law for Dutch law. Contrary to the choice of forum/arbitration clause in the Nekovri terms and conditions, the Court of Rotterdam has exclusive jurisdiction to settle all disputes that may arise as a result of or in connection with the agreements concluded with Constellation or one of its affiliated companies. Any applicability of general terms and conditions of our relationship to the contrary is hereby explicitly rejected.

To help visitors understand this website in languages other than English, an automatic translation service is provided. Constellation cannot guarantee the accuracy of the translated text, and visitors rely on this at their own risk.

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