TERMS OF USE CARGORS B.V.

These terms of use (“Terms”) apply to the access to and the use of the website, applications, APIs, portals and other services of Cargors B.V.

Cargors B.V. has its registered office in Amsterdam and is registered in the Commercial Register under Chamber of Commerce number 77339096 (“Cargors”, “we”, “us” or “our”).

By creating an Account, placing a Shipment, offering a transport service or otherwise making use of the Services, the User accepts these Terms.

A. CARGORS AND THE GATEWAY

A1 – Definitions

In these Terms, the following terms have the following meanings:

Account: the user account through which access to the Gateway is obtained.

Request: a request from a Shipper via the Gateway for a transport service.

Services: the digital, administrative, financial, communicative and supporting services provided by Cargors.

Gateway: the websites, applications, APIs, portals and other digital infrastructure of Cargors.

User: any natural person or legal entity that makes use of the Gateway, including a Shipper and a Carrier.

Goods: the goods to which a Request or Shipment relates.

Transport Document: among other things a consignment note, CMR consignment note, delivery document, POD or other document relating to the performance of a Shipment.

Carrier: the independent third party that offers or performs transport, freight forwarding or other logistics services.

Carrier Terms: the general and special terms and conditions that a Carrier declares applicable to its services.

Shipper: the User for whose account or for whose benefit a transport service is selected or placed via the Gateway.

Transport Service: the transport, freight forwarding or related logistics service offered or performed by a Carrier.

Shipment: a transport order placed via the Gateway by a Shipper, including the data provided with it, the selected Transport Service and any additional services.

A2 – Role of Cargors

Cargors operates an independent digital Gateway through which Shippers gain access to transport services of independent Carriers.

Cargors facilitates, among other things:

• requesting and comparing transport options;
• selecting and placing Shipments;
• the exchange of information between Shippers and Carriers;
• transport documentation;
• status and tracking information;
• changes to Shipments;
• administrative processing;
• financial settlement;
• and, where applicable, the administrative handling of claims.

Cargors does not itself perform any physical transport services.

Cargors does not assume any independent obligation towards the Shipper to transport Goods itself.

A Shipment created by the Shipper via the Gateway is confirmed by Cargors immediately by e-mail and/or via the Gateway. This confirmation means that the Shipment has been registered administratively by Cargors and is offered to the relevant Carrier for performance in accordance with the transport option selected by the Shipper. The rates and transport options displayed in the Gateway are based on the commercial, operational and contractual arrangements between Cargors and the relevant Carriers. After the Shipment has been created, Cargors informs the selected Carrier of the Shipment to be performed, among other things by e-mail, EDI message, API message or another agreed method of communication. The Carrier performs the Shipment in accordance with the arrangements made with Cargors and the terms and conditions applicable to the relevant Transport Service. Notwithstanding the making available of a transport option and the confirmation of the Shipment, it may occur that the selected Carrier is nevertheless unable to perform the Shipment, for example as a result of a lack of capacity, operational restrictions, changed circumstances or other circumstances attributable to the Carrier. If a Carrier indicates that it is unable to perform a Shipment, Cargors will make reasonable efforts to support the Shipper in finding an alternative. In doing so, Cargors may, among other things, show or propose other transport options available via the Gateway.

The final choice remains with the Shipper at all times. The Shipper may, among other things: a. select another available transport option via the Gateway; or b. cancel the relevant Shipment. Cargors is not obliged to arrange replacement transport at its own risk or for its own account and does not guarantee that an alternative transport option is available at the same price, terms and conditions, loading time or delivery time. In so far as legally permitted, Cargors is not liable for damage, costs, delay, loss of turnover, consequential damage or other adverse consequences arising because a selected Carrier does not perform, returns or cancels a Shipment, or because no suitable alternative Transport Service proves to be available. The foregoing does not affect any rights or claims of the Shipper against the relevant Carrier on the basis of mandatory law or applicable Carrier Terms.

Carriers are independent undertakings and not employees, subordinates or auxiliary persons of Cargors in the physical performance of the transport, unless expressly agreed otherwise in writing.

A3 – Contractual position towards Carriers

The manner in which a Carrier structures its contractual, administrative or financial relationship with Cargors may differ per Carrier.

Depending on the contract model applied by the relevant Carrier:

• the Transport Service may be contracted directly by the Shipper with the Carrier; or
• Cargors may be registered with the Carrier as contractual client, account holder, principal, Customer or comparable administrative or contractual party and place the relevant service for the benefit of the Shipper.

The fact that Cargors is registered with a Carrier as client, principal, account holder, Customer or comparable party, agrees rates with a Carrier, passes orders on to a Carrier or receives invoices from a Carrier does not in itself mean that Cargors binds itself towards the Shipper as carrier or assumes the transport liability of the Carrier.

The relationship between Cargors and the Shipper is governed by these Terms and any separate written arrangements between Cargors and the Shipper. The relationship between Cargors and a Carrier may separately be governed by the arrangements made with that Carrier and the applicable Carrier Terms.

A4 – Selection by the Shipper

The transport options available via the Gateway may differ, among other things, in respect of:

• Carrier;
• price;
• expected transit time;
• collection or delivery moment;
• sustainability;
• additional transport services;
• and applicable terms and conditions.

Unless expressly stated otherwise, the Shipper itself makes the final choice of an offered transport option.

Filters, rankings, recommendations, automatic selections, predictions or comparisons within the Gateway do not constitute a guarantee that a particular transport option is the best or most suitable option for the Shipper.

B. SHIPMENTS AND TRANSPORT

B1 – Formation of a Shipment

Prior to placing a Shipment, the Shipper provides all information that is reasonably necessary in order to perform the Transport Service correctly.

By placing a Shipment:

• the Shipper selects the relevant Transport Service;
• the Shipper instructs Cargors to process the selected Shipment administratively and technically;
• the Shipper accepts the price and characteristics of the selected transport option;
• the Shipper accepts the terms and conditions applicable to that Transport Service in so far as these apply with legal effect;
• the Shipper grants Cargors the limited power of attorney described in article B3.

The Shipment has been accepted by Cargors as soon as Cargors has provided a shipment confirmation to the Shipper.

Manifest errors in quotations, rates, exchange rates, distances, weights, surcharges or other price components are not binding if the Shipper should reasonably have understood that an error was involved.

B2 – Applicable transport terms and conditions

The following apply to the physical Transport Service:

• mandatory national and international laws and regulations;
• applicable conventions, including, in the case of international carriage by road, the CMR Convention where the conditions for its application are met;
• specific terms and conditions agreed for the relevant Shipment;
• the applicable general and special Carrier Terms.

Where AVC 2002, CMR, FENEX conditions, logistics service conditions, aviation, maritime or other sector-specific conditions have been declared applicable to a Transport Service, these form part of the legal regime applicable to the Transport Service in so far as they apply with legal effect.

The applicable Carrier Terms may be declared applicable by the relevant Carrier directly, via Cargors or in another legally valid manner.

Cargors is not obliged to publish all applicable Carrier Terms in full in the Gateway, in so far as these terms and conditions have been declared applicable or made available in another legally valid manner.

By placing a Shipment, the Shipper agrees that any and additional Carrier Terms may form part of the relevant Transport Service, in so far as these apply with legal effect.

Mandatory laws and regulations always prevail over conflicting contractual provisions.

B3 – Limited power of attorney to Cargors

For each Shipment, the Shipper grants Cargors a specific and limited power of attorney to perform, in so far as necessary for that Shipment, the following acts in the name of or for the benefit of the Shipper:

1. a.to pass on the transport order selected by the Shipper to the Carrier;
2. b.to confirm the Shipment;
3. c.to accept the Carrier Terms applicable to the selected Transport Service in so far as this is necessary for the processing of the Shipment;
4. d.to pass on operational instructions and changes;
5. e.to receive and pass on transport documents and other information;
6. f.to conduct administrative communication with the Carrier;
7. g.to handle payments and settlements with the Carrier administratively;
8. h.to forward and administratively handle claims, objections and damage-related correspondence to the Carrier in the name of or for the benefit of the Shipper.

This power of attorney is limited to the relevant Shipment and does not grant Cargors any general authority of representation.

The power of attorney does not entail that Cargors acquires ownership of the Goods or assumes the own obligations of the Shipper and/or Carrier.

B4 – No transport obligation of Cargors

Cargors does not itself perform any physical transport performance.

Cargors does not guarantee:

• that the Carrier will collect or deliver the Goods at a specific moment, unless Cargors has expressly and in writing provided such a guarantee as its own guarantee;
• that the Goods will be transported without loss, damage or delay;
• the presence of a specific vehicle or driver;
• or the quality of the actual performance by the Carrier.

A planned or expected loading, transit or delivery time displayed by Cargors is an indication, unless expressly designated as guaranteed.

Liability for the physical performance of the Transport Service is determined by the transport law applicable to that Transport Service and the applicable Carrier Terms.

B5 – Obligations of the Shipper

The Shipper warrants that all information provided by it is complete and correct.

The Shipper provides correct information about, among other things:

• loading and unloading address;
• contact persons;
• numbers and dimensions;
• weight;
• nature of the Goods;
• value, if relevant;
• packaging;
• dangerous substances and ADR classification;
• temperature requirements;
• stackability;
• required loading or unloading equipment;
• customs formalities;
• permits;
• and other particulars that may be of importance for the performance.

The Shipper ensures that the Goods are properly packaged and suitable for normal transport, unless agreed otherwise in writing.

The Shipper warrants that it is authorised to place the relevant Shipment and to grant Cargors the power of attorney referred to in these Terms.

Where the Shipper acts for the benefit of an owner, consignor, consignee or other party with an interest in the Goods, the Shipper warrants that it is sufficiently authorised to do so.

B6 – Prohibited and special Goods

It is not permitted to offer, without prior express consent, Goods the transport of which is prohibited or for which special legal, technical or safety requirements apply.

This includes, among other things, prohibited substances and, in so far as relevant, dangerous substances, weapons, ammunition, explosives and other regulated Goods.

Where transport is legally possible but special requirements apply, the Shipper must notify these in full in advance.

B7 – Changes and additional costs

A change to a Shipment after placement may lead to additional costs.

Additional costs may include, among other things:

• waiting time;
• abortive journey;
• redelivery;
• change of address;
• deviating weight or dimensions;
• additional loading or unloading activities;
• storage;
• customs costs;
• tolls;
• additional equipment;
• and other costs demonstrably related to the Shipment.

A Carrier must make additional costs known as soon as possible.

In so far as Cargors has agreed deviating periods with a Carrier for reporting additional costs, Cargors may apply these periods.

B8 – Cancellation

In the event of cancellation of a Shipment, cancellation costs may be due.

The amount thereof is determined by:

• the applicable Carrier Terms;
• the status of the Shipment;
• costs already incurred;
• and any specific cancellation conditions stated with the Shipment.

Where a Carrier is already en route, has scheduled a vehicle for the Shipment or is present at the loading location, additional costs or the full agreed freight price may be due, in so far as this follows from the applicable terms and conditions or arrangements.

The Carrier is not obliged to provide separate evidence for each cancellation that a driver was already en route or on location. In principle, Cargors may rely on operational status information provided by the Carrier.

Where the Shipper disputes the correctness of such costs on substantiated grounds, Cargors may request additional substantiation from the Carrier.

C. CLAIMS, DAMAGE AND LIABILITY

C1 – Claims concerning the Transport Service

Claims on account of, among other things:

• loss;
• damage;
• delay;
• shortage;
• incorrect delivery;
• or another shortcoming in the physical performance of the Transport Service,

may be submitted via Cargors.

Submitting a claim via Cargors does not mean that the claim is legally directed against Cargors.

Cargors may submit the claim in the name of or for the benefit of the Shipper with the Carrier involved and facilitate the administrative handling thereof.

Claim flow

SHIPPER / INTERESTED PARTY
          │
          │ claim notification + documents
          ▼
       CARGORS
claims & administration
          │
          │ claim with / communication with
          ▼
       CARRIER
          │
          │ assessment under
          │ transport law +
          │ carrier terms
          ▼
    CLAIM OUTCOME
          │
          ▼
       CARGORS
          │
          ▼
       SHIPPER

Cargors is authorised to request relevant documentation, photographs, invoices, consignment notes, statements and other data for the handling of the claim and to pass these on to the Carrier, its insurer or other parties involved in the damage handling.

For this purpose, the Shipper grants Cargors the necessary limited authority to handle the claim administratively in its name or for its benefit.

C2 – No acknowledgement of liability

The registration, handling, forwarding, discussion or administrative settlement of a claim by Cargors does not constitute an acknowledgement of liability by Cargors.

Through its involvement in the claim handling, Cargors does not assume the transport liability of the Carrier.

Ultimate liability for loss, damage or delay is determined by:

• applicable mandatory law;
• applicable conventions;
• the applicable Carrier Terms;
• and the circumstances of the specific case.

C3 – Direct statutory rights

Nothing in these Terms limits rights that a consignor, consignee, owner or other entitled party may exercise directly against a Carrier on the basis of mandatory law.

Cargors may, however, require that regular claim communication, in so far as legally permitted, is conducted centrally via Cargors.

C4 – Cargors' own liability

The liability regimes under, among other things, CMR, AVC or other applicable Carrier Terms relate primarily to liability for the Transport Service and do not replace the separate liability regime between Cargors and the User.

Cargors is liable solely for damage that results directly from an attributable failure in an obligation that Cargors itself has accepted on the basis of the agreement with the User.

Cargors is not liable for acts or omissions of an independent Carrier in the performance of the Transport Service, except in so far as mandatory law provides otherwise.

In so far as legally permitted, the liability of Cargors is limited to direct damage and to a maximum of €500 per event or series of related events with the same cause.

Cargors is not liable for indirect damage, including consequential damage, loss of turnover, loss of profit, loss of production, missed savings, loss of goodwill or other business damage.

The exclusions and limitations set out above do not apply in so far as the damage is the direct consequence of intent or wilful recklessness of Cargors itself or of persons charged with the management of its undertaking, or in so far as limitation or exclusion of liability is not permitted on the basis of mandatory law.

D. CONTRACT STRUCTURE

D1 – Contractual relationships

The Gateway may give rise to several legal relationships existing alongside one another.

Main legal structure

                  CARGORS
        technology / administration
               financial hub
                     │
          ┌──────────┴──────────┐
          │                     │
          ▼                     ▼
       SHIPPER               CARRIER
          │                     │
          │                     │   physical
          │                     │   transport service
          └─────────────────────┘

The agreement between the Shipper and Cargors concerns the Services provided by Cargors.

In addition, the relationship between Cargors and a Carrier may comprise commercial, technical, administrative, financial and/or contractual arrangements.

Depending on the contract model of the relevant Carrier, Cargors may be registered with that Carrier as client, Customer, principal or account holder.

This does not without more change the legal capacity of Cargors towards the Shipper.

D2 – Carrier model 1: direct transport agreement

A Carrier may permit the transport agreement to be concluded directly with the Shipper.

SHIPPER ───── transport agreement ─────► CARRIER
   │                                        ▲
   │                                        │
   └─────────── CARGORS GATEWAY ────────────┘
         intermediation / administration

In that case, Cargors acts solely in the role that follows from these Terms and the relevant Shipment.

D3 – Carrier model 2: Cargors as Customer/account holder

A Carrier may require or have determined contractually that Cargors itself is registered as Customer, contractual client, principal or account holder.

       SHIPPER
          │
          │ selection + Shipment
          │ limited power of attorney
          ▼
       CARGORS
          │
          │ Customer / account holder
          │ with Carrier
          ▼
       CARRIER
          │
          │ physical performance
          ▼
  GOODS / CONSIGNEE

In this model, the Carrier may:

• register Cargors as client;
• agree rates with Cargors;
• receive Shipments from Cargors;
• invoice Cargors;
• and hold Cargors to agreed payment obligations.

This does not automatically make Cargors the performing or contractual carrier towards the Shipper.

Cargors does not perform the physical transport performance and does not assume the transport liability of the Carrier.

Both the model described in article D2 and the model described in this article D3 may apply. Which model applies to a specific Carrier or Shipment depends on the commercial, contractual and operational arrangements between Cargors and the relevant Carrier.

D4 – No general agency or partnership

Save for the specific limited power of attorney as described in these Terms, no such relationship arises between Cargors and a User as:

• commercial agency;
• company;
• partnership;
• joint venture;
• employment agreement;
• franchise;
• fiduciary relationship;
• or general authority of representation.

The limited power of attorney applies solely to the acts specifically referred to in these Terms in connection with Shipments.

E. PAYMENT AND FINANCIAL SETTLEMENT

E1 – Financial hub

Cargors provides a centralised financial settlement of Shipments.

This may mean that:

• a Carrier invoices Cargors;
• Cargors pays amounts to a Carrier;
• Cargors invoices the Shipper;
• Cargors processes additional costs;
• Cargors processes credit notes or corrections;
• and Cargors provides collection and payment administration.

Flow of funds

       SHIPPER
          │
          │ payment for Shipment
          ▼
       CARGORS
          │
          │ financial settlement
          ▼
       CARRIER

The manner of invoicing or payment does not in itself determine who the physical Carrier is and does not entail that Cargors performs the physical transport performance itself.

E2 – Invoicing to the Shipper

Cargors may invoice the Shipper after performance or expected performance of a Shipment.

Cargors does not have to await receipt of a POD or other Transport Document where there is reasonably sufficient certainty that the Transport Service has been performed.

The invoice may consist of, among other things:

• the agreed price of the Shipment;
• additional agreed services;
• applicable surcharges;
• additional costs reported subsequently;
• and a fee for the Services of Cargors, in so far as applicable.

E3 – Payment obligation is independent of claims

The Shipper is obliged to pay invoices that are due within the agreed payment period.

The existence of a claim against a Carrier does not automatically suspend the payment obligation of the Shipper towards Cargors.

The Shipper may not set off, suspend or withhold payments on account of a claim against a Carrier, unless Cargors agrees to this in writing or mandatory law provides otherwise.

Claims are handled separately in accordance with chapter C.

E4 – Late payment

In the event of late payment, the Shipper owes statutory commercial interest from the due date.

Cargors is entitled to charge reasonable extrajudicial and judicial collection costs.

In so far as legally permitted, the extrajudicial collection costs amount to 15% of the outstanding principal sum with a minimum of €150.

Cargors may suspend the Account if an invoice that is due remains unpaid after a notice of default or after default has occurred.

F. OBLIGATIONS OF THE CARRIER

F1 – Professional performance

The Carrier warrants that it has all of the following that are necessary for the performance:

• permits;
• registrations;
• insurance;
• vehicles;
• personnel;
• certifications;
• and statutory authorisations.

The Carrier performs the Transport Service professionally and in accordance with applicable legislation.

F2 – Insurance

The Carrier has, in so far as applicable to its activities, appropriate insurance including carrier's liability insurance and the legally required vehicle insurance.

On request, the Carrier provides evidence of cover.

F3 – Transport documentation

The Carrier provides or uploads the available Transport Documents as soon as possible after performance.

Cargors may close a Shipment administratively where there is sufficient certainty that the Transport Service has been performed, even where not every Transport Document has yet been uploaded.

F4 – Additional costs

The Carrier reports foreseeable additional costs as soon as possible and, where reasonably possible, before these are incurred.

Additional costs that are not reported in good time may be rejected by Cargors where Cargors or the Shipper has thereby reasonably been deprived of the opportunity to prevent or assess the costs.

G. THE GATEWAY

G1 – Account

An Account is required for the use of certain Services.

The User warrants that the data provided is correct and up to date.

The User is responsible for keeping login details confidential and for activities that take place via its Account, unless there is a security incident that can be attributed to Cargors.

G2 – Availability

Cargors makes reasonable efforts to keep the Gateway available and functioning correctly.

Cargors does not guarantee uninterrupted or error-free operation.

In so far as legally permitted, Cargors is not liable for delays, disruptions or other consequences for the performance of a Shipment that result solely or mainly from temporary unavailability, technical malfunctions, maintenance, cyber incidents or technical problems at third parties, except in so far as the damage is the result of a circumstance for which Cargors is liable in accordance with article C4.

Maintenance, malfunctions, cyber incidents, technical problems at third parties or circumstances beyond the reasonable control of Cargors may lead to temporary unavailability.

G3 – Information from third parties

Part of the information within the Gateway originates from Carriers, Shippers or other third parties.

Cargors cannot guarantee that all information supplied by third parties is complete, up to date and error-free.

Cargors may correct manifest errors.

G4 – Misuse

It is prohibited to use the Gateway for:

• fraud;
• illegal activities;
• fake shipments;
• unauthorised scraping or automated data collection;
• disrupting systems;
• misuse of rates;
• threats or intimidation;
• or other activities that may harm Cargors, other Users or third parties.

Where there is a reasonable suspicion of misuse, Cargors may suspend or cancel an Account or Shipment.

H. INTELLECTUAL PROPERTY

H1 – Rights of Cargors

All intellectual property rights in the Gateway, software, design, databases, trademarks, models, content and technology belong to Cargors or its licensors.

The User receives solely a limited, revocable, non-exclusive and non-transferable licence for normal use of the Gateway in accordance with these Terms.

H2 – Prohibited use

Without the prior written consent of Cargors, it is not permitted, in relation to the Gateway or data from it, commercially to:

• copy;
• reproduce;
• scrape;
• crawl;
• reverse engineer;
• systematically download;
• or use for building or training competing products or services,

in so far as such a prohibition is legally permitted.

I. DATA, COMMUNICATION AND PRIVACY

I1 – Content

The User remains responsible for information and materials that it provides via the Gateway.

The User warrants that it is authorised to provide this data and that it does not infringe any rights of third parties.

I2 – Use of operational data

Cargors may process data in so far as necessary for:

• performance of Services;
• transport planning;
• tracking;
• communication;
• invoicing;
• claim handling;
• fraud prevention;
• security;
• product improvement;
• analysis;
• and compliance with statutory obligations.

Personal data is processed in accordance with the Privacy Policy of Cargors and applicable privacy legislation.

I3 – Communication

The User agrees to receive operational communication via, among other things:

• e-mail;
• telephone;
• SMS;
• push message;
• API;
• and communication within the Gateway.

Marketing communication is sent only in so far as a valid legal basis exists for it.

I4 – Location data

If the User activates location services, Cargors may process location data for, among other things:

• tracking;
• status updates;
• proof of performance;
• claim handling;
• fraud investigation;
• and operational support.

The User can disable location access via the settings of the relevant device.

J. INDEMNIFICATION

J1 – Incorrect information or unauthorised acts

The User indemnifies Cargors against third-party claims that result directly from:

• knowingly incorrect information from the User;
• unauthorised placement of a Shipment;
• illegal Goods;
• infringement of third-party rights;
• or a violation of applicable legislation attributable to the User.

An indemnity applies solely in so far as the relevant claim has not been caused by acts or omissions of Cargors itself.

K. ORDER OF PRECEDENCE OF TERMS

K1 – Cargors relationship

These Terms apply to the agreement between Cargors and the User.

In the event of a conflict between these Terms and a separate written agreement between Cargors and the relevant User, the separate written agreement prevails, unless provided otherwise therein.

K2 – Transport Service

For matters that relate solely to the physical performance of the Transport Service, the following apply primarily:

• mandatory legislation and conventions;
• specific transport arrangements agreed for the Shipment;
• applicable Carrier Terms.

These Terms primarily determine the legal relationship between Cargors and its Users and are not intended to set aside mandatory transport rules or Carrier Terms that apply with legal effect.

L. GOVERNING LAW AND DISPUTES

L1 – Cargors and User

Dutch law applies to the legal relationship between Cargors and the User.

Disputes between Cargors and a User are, unless mandatory law provides otherwise, submitted to the competent court in Rotterdam.

L2 – Disputes concerning the Transport Service

Other choice-of-law, arbitration or forum rules may apply to disputes that relate solely to the Transport Service, on the basis of:

• mandatory transport law;
• international conventions;
• or applicable Carrier Terms.

These Terms do not amend such mandatory or separately agreed rules.

M. AMENDMENT AND TERMINATION

M1 – Amendment of the Terms

Cargors may amend these Terms.

Material amendments are announced in an appropriate manner.

An amended version applies to Shipments placed after the effective date of that amended version, unless validly agreed otherwise.

M2 – Suspension and termination of the Account

Cargors may suspend or terminate an Account in whole or in part in the event of, among other things:

• fraud;
• serious or repeated misuse;
• payment arrears;
• breach of these Terms;
• risk to the security or integrity of the platform;
• or violation of applicable legislation.

Payment and other obligations that have already arisen continue to exist after termination.

N. FINAL PROVISIONS

N1 – No waiver of rights

The failure by Cargors to exercise a right immediately does not mean that Cargors waives that right.

N2 – Severability

If a provision proves to be wholly or partly invalid, void or unenforceable, the remaining provisions remain in force.

The parties will, in so far as possible, replace the relevant provision with a valid provision that approximates its purpose and purport as closely as possible.

N3 – Entire agreement

These Terms, the relevant Shipment and any separate written arrangements together constitute the agreement between Cargors and the User with regard to the subject matter governed therein.

O. SUMMARY OF THE CARGORS MODEL

The diagrams below are for clarification purposes only. In the event of a difference between a diagram and the text of these Terms, the text prevails.

1. Commercial structure

       SHIPPER
          │
          │ selects transport option
          │ via the Gateway
          ▼
       CARGORS
tech / finance / administration
          │
          │ Shipment
          ▼
       CARRIER
          │
          │ performs the transport
          ▼
      CONSIGNEE

2. Contractual structure

SHIPPER ◄──────────────► CARGORS
       platform / services
                            │
                            │ separate
                            │ carrier relationship
                            ▼
                         CARRIER

The Carrier may register Cargors within its own systems as Customer, client, account holder or principal.

That does not without more mean that Cargors itself becomes the physical or contractual carrier towards the Shipper.

The precise contractual structure may differ per Carrier in accordance with articles D2 and D3.

3. Financial structure

       SHIPPER
          │
          │ pays the invoice
          ▼
       CARGORS
          │
          │ settlement /
          │ payment to carrier
          ▼
       CARRIER

4. Physical transport performance

  LOADING LOCATION
          │
          ▼
       CARRIER
          │
          │ physical transport
          ▼
 UNLOADING LOCATION

Cargors does not perform this physical transport performance.

5. Claim structure

       SHIPPER
          │
          │ reports a claim
          ▼
       CARGORS
          │
          │ handles / forwards
          │ in the name of or for the benefit of the Shipper
          ▼
       CARRIER
          │
          │ assesses liability
          ▼
       RESULT
          │
          ▼
       CARGORS
          │
          ▼
       SHIPPER

The claim is handled via Cargors, but this does not mean that Cargors thereby assumes the transport liability of the Carrier.

P. CONTACT

– end –