General Terms & Conditions

1 Definitions & Scope of Application

In these General Terms and Conditions (Algemene Voorwaarden), the following definitions apply:

• "DCT", "we", "us": Dutch Container Trading (DCT) B.V., trading under DCT and Marcoan Vastgoed, registered with the Dutch Chamber of Commerce under number 28101685.
• "Client", "Buyer", "Renter": Any natural person or legal entity entering into an agreement with DCT for the purchase, rental, storage, modification, or transport of shipping containers.
• "Goods": Standard dry containers, High Cube containers, reefers, modified units, and related intermodal transport equipment.
• "Agreement": Any binding contract concluded between DCT and the Client.

These terms apply to all quotations, deliveries, services, and contracts. Any deviating conditions proposed by the Client are expressly rejected unless confirmed in writing by DCT.

2 Offers, Quotations & Formation of Agreement

All quotations issued by DCT are without obligation (vrijblijvend) and valid for 14 calendar days from the date of issue, unless explicitly stated otherwise.

An agreement is legally concluded only upon written order confirmation by DCT or upon commencement of physical execution (e.g., releasing a container for transport or terminal gate-out).

3 Pricing, VAT & Payment Terms

All prices quoted in commercial B2B proposals are exclusive of 21% Dutch VAT (BTW), transport, and crane offloading costs, unless explicitly indicated otherwise. Consumer orders include itemized VAT.

• Payment for Purchases: Container sales require full payment clearance prior to depot release or transport dispatch, unless alternative credit terms have been agreed upon in writing.
• Rental Billing: Rental charges are billed monthly in advance. The initial invoice includes mobilization transport and security deposit.
• Late Payment: If the Client fails to pay within the stipulated term, the Client is legally in default without further notice. DCT is entitled to charge statutory commercial interest (wettelijke handelsrente pursuant to Art. 6:119a BW) plus reasonable extrajudicial collection costs (at minimum 15% of the outstanding principal).

4 Retention of Title (Eigendomsvoorbehoud)

In accordance with Article 3:92 of the Dutch Civil Code (Burgerlijk Wetboek):

The Buyer is not entitled to pledge, encumber, resell, or transfer possession of the container before full payment is realized. In the event of default or bankruptcy, DCT reserves the right to repossess the equipment immediately at the Client’s expense.

5 Delivery, Crane Offloading & Site Access

Delivery timelines are indicative and do not constitute strict deadlines (fatale termijnen) unless explicitly agreed in writing:

• Depot Collection (Ex Works / FCA Rotterdam): When the Client arranges transport, risk transfers upon loading at our Bunschotenweg depot.
• Crane Truck Delivery (Kraanwagen): When delivery is organized by DCT, the container is offloaded parallel to the truck on solid, level ground.
• Access Obligations: The Client is solely responsible for ensuring safe truck access (minimum 3.2m width, 4.2m height clearance, and bearing capacity for 25–40 ton vehicles). If delivery fails due to inaccessible grounds, the Client is liable for all waiting time, return freight, and subsequent redelivery charges.

6 Rental & Terminal Storage Terms

For rental and depot storage agreements:

• Care of Equipment: The Renter must maintain the container in good condition and use it solely for lawful storage purposes. Storage of hazardous materials, toxic chemicals, or illegal substances is strictly prohibited.
• Return Condition: Upon conclusion of the rental term, the container must be returned completely empty, broom-clean, and free of internal or external damage beyond reasonable operational wear.
• Depot Storage Liability: Containers stored at our Rotterdam depot remain at the risk of the owner regarding insured cargo contents. DCT is not liable for indirect or consequential loss of stored inventory.

7 Quality Grades, CSC Certification & Inspections

DCT delivers containers classified according to international standards:

• New (One-Trip): Built overseas and shipped with a single cargo load to Europe.
• Cargo Worthy (CW): Inspected and certified suitable for international maritime shipping with a valid CSC safety plate.
• Wind and Watertight (WWT): Structurally sound, watertight, and lockable, suitable for stationary domestic storage.

The Client must inspect the container upon receipt and note any exterior structural defects on the consignment note (CMR / vrachtbrief) immediately.

8 Statutory Consumer Rights & Custom Modifications

For consumer purchases concluded via remote communication (e.g. online or email):

• Consumers possess a statutory 14-day right of withdrawal pursuant to Article 6:230o BW, subject to the conditions outlined in our Refund and Returns Policy.
• Customization Exemption: In accordance with Article 6:230p sub f BW, the right of withdrawal does not apply to containers customized to the Client's personal specifications (e.g., custom RAL paint, doors, windows, or insulation conversions).

9 Limitation of Liability & Force Majeure (Overmacht)

To the maximum extent permitted by Dutch law:

• DCT’s aggregate liability for direct damages arising from contract breach or tort is strictly limited to the net invoice value of the container or service in question.
• DCT is never liable for indirect, punitive, or consequential damages, including loss of profit, business interruption, or damage to third-party goods stored inside containers.
• Neither party is liable for failure to perform due to Force Majeure (Overmacht), including severe weather preventing crane operation, port strikes, government restrictions, or terminal blockades.

10 Governing Law & Competent Court

All legal relationships between Dutch Container Trading (DCT) B.V. and the Client are exclusively governed by the laws of the Netherlands. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG / Vienna Sales Convention) is expressly excluded.

Any disputes that cannot be settled amicably shall be submitted exclusively to the competent jurisdiction of the District Court of Rotterdam (Rechtbank Rotterdam), Netherlands.