General Terms and Conditions

Corporate Logistic Maritime Insurance B.V. (CLM Insurance)

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1. Scope
These General Terms and Conditions apply to all agreements concluded by CLM in connection with the conduct of its insurance mediation business. These terms and conditions do not apply to agreements concluded with individuals acting outside the exercise of a profession or business.

 

2. Standard of Care
CLM shall only be in default towards its contracting party if it fails to perform the agreement in a manner that could and should have been avoided by a reasonably skilled and diligent insurance intermediary.

 

3. Limitation of Liability – Insurance-Related Claims
If the contracting party demonstrates that it has suffered damage due to an error of CLM, its directors, or employees in connection with an insurance agreement, CLM’s liability is limited to five times the annual premium calculated or payable for the relevant insurance, with a maximum of EUR 25,000.

If the damage is not related to an insurance agreement, CLM’s liability is limited to five times the financial remuneration it was or would have been entitled to for its services, with a maximum of EUR 25,000.

 

4. Incorrect or Incomplete Information
CLM shall not be liable for any damage arising from incorrect or incomplete information provided by or on behalf of the contracting party.

 

5. Duty to Notify Mistakes
If the contracting party becomes aware of an error by CLM that is apparent to the contracting party, it must notify CLM immediately after discovering or reasonably being able to discover the error. If the contracting party fails to notify CLM of such an error, CLM shall not be liable for the resulting damage.

 

6. Third-Party Involvement
If third parties are involved in the performance of the agreement, CLM shall not be liable for any errors of such third parties, except to the extent that the contracting party proves that CLM was negligent in selecting those third parties.

 

7. Exclusion for Software-Related Damages
Liability for damage arising from defects in computer software used is excluded, unless and to the extent the supplier of such software has accepted liability towards CLM and has compensated CLM for the damage.

 

8. Limitation Period
All claims for compensation shall lapse one year after the date on which the error underlying the claim was discovered or could reasonably have been discovered.

 

9. Governing Law and Jurisdiction
All claims shall be governed by Dutch law. Only the Dutch courts have jurisdiction over disputes between CLM and its contracting party. Disputes shall be submitted to the District Court of Rotterdam.

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CLM will cooperate with mediation if the contracting party indicates a willingness to submit the dispute to mediation. The parties shall endeavor to jointly appoint a mediator. If they cannot agree on the choice of mediator, the mediator shall be appointed by the N.M.I. (Netherlands Mediation Institute) in Rotterdam.

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