Terms & Conditions of Carriage & Storage

1. Scope of Application & Hierarchy

1.1. These General Terms and Conditions apply to all contracts of carriage, charter party agreements, storage commitments, multimodal transshipment operations, and related logistics services entered into between LHZ Shipping BV (KvK: 73378763) and its operating inland shipping carrier Warber Scheepvaart B.V. (KvK: 60819626) ("Carrier" / "Terminal Operator") and the commissioning customer ("Shipper" / "Charterer" / "Depositor").

1.2. Any general terms, purchase conditions, or counter-proposals of the Shipper are expressly rejected unless specifically agreed in writing and signed by an authorized managing director of LHZ Shipping BV.

2. Inland Waterways Shipping & CMNI / ADN Framework

2.1. Vessel Standards: All barges deployed in LHZ Shipping operations are 100% double-hulled, certified ADN Type C or Type G, and maintained in full class with recognized European classification societies.

2.2. Cargo Declaration: The Shipper warrants that all liquid bulk consignments (mineral oils, chemical feedstocks, pressurized gases, or biofuels) are accurately described with complete SDS (Safety Data Sheets), correct UN numbers, ADN classification, hazard classes, flash points, and density measurements prior to vessel nomination.

2.3. Vapor Recovery & Environmental Safety: Shippers and terminal facilities must provide operational closed-loop vapor return connections (VRU) conforming to ADN requirements for all volatile organic compounds (VOCs) and petrochemical vapors during loading and discharge.

3. European Rail Logistics & RID / CIM Framework

3.1. Rolling Stock Provision: LHZ Shipping BV supplies specialized rail tank wagons (including insulated L4BH and pressurized P27BH wagons) in clean, inspected, and fit-for-purpose condition in accordance with GCU (General Contract of Use for Wagons) protocols.

3.2. Loading Tolerances: The Shipper is solely responsible for strictly observing axle load limits, maximum permissible gross weight, and filling degrees in compliance with RID regulations. Any overload surcharges or emergency shunting fees resulting from misdeclaration shall be borne exclusively by the Shipper.

4. Bulk Oil & Gas Terminal Storage Conditions

4.1. Custody & Ullage: Product volumes are determined jointly by certified independent cargo inspectors using calibrated tank gauges and automated mass flow meters at the time of transfer. A standard working tolerance / physical handling ullage of up to 0.25% (or as specified in the individual charter party) is acknowledged by both parties.

4.2. Product Quality & Contamination: The Shipper warrants that products delivered into storage conform in all respects with agreed contractual specifications. LHZ Shipping BV maintains automated nitrogen blanketing, in-tank heating, and segregated pipeline circuits to preserve cargo integrity, but cannot be held liable for internal chemical degradation inherent to unstable compounds.

5. Laytime, Demurrage & KWZ (Low Water Surcharges)

5.1. Laytime & Demurrage: Allowed hours for vessel and rail loading/discharging are defined in the specific transport confirmation. Demurrage shall accrue immediately upon expiration of agreed laytime, calculated per running hour at prevailing market rates.

5.2. Rhine Low Water Surcharges (Kleinwasserzuschlag): When official water gauge readings (e.g., Kaub, Ruhrort, Cologne) drop below contractual threshold reference marks, KWZ surcharges apply automatically based on the official scale published on the loading date.

6. Force Majeure & River Navigation Obstructions

6.1. Neither party shall be liable for delay or non-performance caused by events beyond reasonable control, including but not limited to: catastrophic high water levels (Hochwasser marks halting navigation), severe winter freezing of canals, waterway lock repairs, rail infrastructure track closures, strikes, armed conflict, or governmental port embargoes.

7. Limitation of Liability & Insurance

7.1. The Carrier's liability for loss of or damage to cargo shall strictly not exceed the statutory limits set out in the CMNI Convention (inland shipping), CIM/COTIF (rail logistics), and VNTS terms (storage), unless a higher valuation has been declared in advance and accepted in writing.

7.2. LHZ Shipping BV carries comprehensive P&I (Protection and Indemnity) and third-party environmental pollution coverage conforming to European maritime and inland waterways requirements.