These General Terms and Conditions apply to all services by FOREMOST LINE HK LTD, whose registered office is at Capital City, Independence Avenue, Victoria, Seychelles and to its local offices and affiliates including but not restricted to FOREMOST INTERNATIONAL GROUP. Any other General Terms and Conditions, including the customer’s, will not be applicable. FOREMOST may amend these General Terms and Conditions insofar it has been notified to the customer. Such notification may be given by way of a statement on an invoice or by electronic or regular mail. Unless some other date has been specified, such amendments will come into effect one (1) month after receipt of the notification.
Provision of services
FOREMOST will perform its contract according to the rules of the art applicable in its sector and will do everything practicable to achieve the desired results and attain the objectives set down under the project.
Should either party fail to respect these Standard Terms and Conditions, the other party may send official notice by recorded delivery post setting out the shortcomings or breaches and the items that are not conform to contract. If the defaulting party fails to remedy the shortcoming or breach within two weeks of that official notice, the complainant will be entitled to rescind the project with immediate effect.
Price and payment terms
The payment must be made anticipatively by electronic funds transfer into FOREMOST’s bank account and must mention the related reference service number. In its absence an administrative fee of 100 EUR will be charged.
Any complaint must be registered with FOREMOST by recorded delivery letter within eight (8) days following the payment.
Intellectual property rights
Unless otherwise agreed, all rights of ownership over the results obtained, recommendations made, reports, studies or analyses carried out and data provided, as well as over the electronic “Cargo Tracking System” will remain the property of FOREMOST.
Confidential information will be construed as any technical or commercial information constituting a trade secret, manufacturing secret etc and shall include any disclosure or opinion linked to the personal sphere.
Unless authorized in writing by the disclosing party, the parties undertake that (a) they will not use, reproduce or distribute such information, either directly or indirectly, orally or in writing, outside the context of the project or order and (b) they will take all measures necessary to avoid such information being disclosed to others, with the exception of members of their staff requiring to use it to carry out the project or fulfill the order.
The duty of restraint does not apply if the party to which the information was given can produce evidence that the information was in the public domain, that it knew it already or that it obtained it legally from a third party that was not under a confidentiality obligation.
The party to which the information was given will indemnify the party providing the information against any loss or harm that the latter might suffer due to non-compliance by the former of the commitments as set out in this article.
FOREMOST’s liability in contract and tort will in all events be limited to making good any existing losses that are the immediate and direct consequence of willful breach of a duty of care on its part or the part of its staff or subcontractors and will be limited to the amount invoiced for the product or contract performance over the last twelve (12) months with a maximum of EUR 500.
FOREMOST will in no event be liable for losses of (or damage to) data, loss of business, loss of profit, loss of income, loss of goodwill or clientele (including losses caused to reputation or image) or the loss of savings that had been relied on or the consequences of use by the customer of the results, reports, recommendations or other data provided by FOREMOST.
Acts of God
The parties will not be liable for delays or omissions in the performance of their obligations where such delays or omissions are due to an act of God.
“Act of God” means any unforeseeable event outside the party’s control that could not be avoided in spite of reasonable efforts being made.
Should an act of God endure for more than two months, both parties may terminate the project or rescind the order by recorded delivery letter, and in that case no compensation will be due.
Applicable law and jurisdiction
These General Terms and Conditions are governed by Belgian law. Disputes will be subject to the exclusive jurisdiction of the Antwerp courts.