Legal Information and General Terms & Conditions | GSK Brokers BV
Part 1: Legal Information
Legal Information | GSK Brokers BV
1. Company Identification Details
This website is owned by GSK Brokers BV
Registered office: Jozef Simonslaan 74, 2520 Oelegem, Belgium
Dutch office: Nieuwland Parc 307, 2952 DD Alblasserdam, The Netherlands
Telephone: +32 (0)475 27 47 67
E-mail: gsk@gskbrokers.eu
VAT number: BE 0459.964.201
Company registration number: 0459.964.201
2. Intellectual Property Rights
The content of this site, including trademarks, logos, drawings, data, product or company names, texts, images, etc., is protected by intellectual property rights and belongs to GSK Brokers BV or third parties holding such rights.
3. Limitation of Liability
The information on this website is of a general nature and is not tailored to personalr specific circumstances. It cannot therefore be considered as personal, professional, or legal advice to the user.
GSK Brokers BV makes every effort to keep the information complete, accurate, and up to date. Nevertheless, inaccuracies may occur. GSK Brokers BV cannot be held liable for any direct or indirect damages resulting from the use of the information on this site.
4. Hyperlinks to Third Parties
This website contains links to third-party websites. GSK Brokers BV has no control over the content or characteristics of these websites and cannot be held liable for their content or use under any circumstances.
5. Applicable Law and Competent Courts
Belgian law applies to this website. In the event of disputes, only the courts of the judicial district of Antwerp shall have jurisdiction.
6. Privacy Statement
GSK Brokers BV is committed to protecting your personal data in accordance with Regulation (EU) 2016/679 (GDPR).
Personal data collected:
First name, last name
Address
Telephone, mobile, fax
Email address
Purposes of processing:
Responding to your inquiries
Informing you about new vessels
Sending newsletters and commercial communications
Marketing communications from Gangboordpraat, if relevant
Your rights:
Right of access, rectification, erasure, restriction of processing, objection, and data portability
You may submit a request by email to gsk@gskbrokers.eu or by post, with a copy of your ID card, to:
GSK Brokers BV, Jozef Simonslaan 74, 2520 Oelegem
7. Cookie Policy
This website uses cookies to improve the user experience. Third-party tools are used for analytical and marketing purposes. Upon your first visit, we will request your consent via a cookie banner.
8. Payment Terms and Collection
All invoices are payable within fourteen (14) days from the invoice date, unless otherwise agreed in writing.
In case of late payment of general invoices (not brokerage commission invoices), a default interest of 8% per year is due from the due date, as well as a fixed compensation of 10% of the invoice amount, with a minimum of €50.
For brokerage commission invoices within the framework of intermediation and mediation, only the payment and collection provisions stated in Article 11.4 of the General Terms and Conditions apply.
In case of disputes, only the courts of Antwerp shall have jurisdiction.
The following conditions apply to all outgoing invoices of GSK Brokers BV and may also be fully included in the invoice documents.
1. Each invoice shall be deemed accepted unless it is contested in writing by registered mail within eight (8) calendar days from the invoice date, addressed to the registered office of GSK Brokers BV.
2. Invoices are payable within fourteen (14) days from the invoice date, without any discount.
3. In case of late payment, default interest of 8% per year is due from the due date, as well as a fixed compensation of 10% of the invoice amount, with a minimum of €50.
4. In the event of non-payment on the due date, all outstanding amounts become immediately payable.
5. In case of disputes, only the courts of Antwerp shall have jurisdiction.
Part 2: General Terms and Conditions specifically for brokerage and mediation
GENERAL TERMS AND CONDITIONS OF SALE, DELIVERY AND PAYMENT
GSK BROKERS BV
Article 1 – Definitions
1.1 “Assignment” means the agreement of mandate whereby the client requests the broker to mediate in concluding one or more intended mediation agreements between the client and a third party.
1.2 “Broker” means GSK BROKERS BV who, in such capacity, provides mediation in concluding one or more agreements between the client and a third party.
1.3 “Client” means the person or entity who gives the broker one or more assignments as referred to in paragraph 1 of this article.
1.4 “Commission” means the remuneration to which the broker is entitled for the services he performs under the assignment.
Article 2 – Applicability of the general terms and conditions
2.1 These general terms and conditions apply to all assignments concluded between the broker and the client, as well as to offers and invoices issued by the broker in this context.
2.2 In the event of total or partial nullity or invalidity of one or more provisions of these terms, the remaining provisions shall remain in full force.
2.3 The client’s general terms and conditions do not apply and are expressly rejected. Deviating clauses are only binding when expressly accepted in writing by the broker.
2.4 The provisions of the assignment prevail over the content of these terms if there is a conflict between the agreement concluded by the broker and the client and these conditions.
2.5 The Dutch text of these general terms and conditions is binding and prevails over any translations thereof.
Article 3 – The Assignment
3.1 All offers are without obligation.
3.2 Unless expressly agreed otherwise in writing, an assignment is exclusive.
The assignment is therefore deemed to have been concluded with the broker concerned, to the exclusion of other brokers and/or intermediaries.
3.3 An assignment as such does not grant the broker the authority to conclude the agreement on behalf of the client, unless the client grants the broker a written power of attorney to that effect.
Article 4 – Modification(s) of the Assignment
4.1 The client may, in consultation with the broker, modify the content of the assignment during its term. The modification(s) shall only take effect once confirmed in writing by the broker.
4.2 If the broker’s assistance encompasses more than the services described in the assignment, the broker must inform the client of this in advance in writing.
Article 5 – Duration of the Assignment, Termination and Other Forms of Conclusion
5.1 Unless otherwise agreed in writing, the assignment is entered into for an indefinite period, provided that the agreement may only be terminated by either party after six months from commencement, subject to a notice period of three months.
5.2 In addition to the option of termination as provided in paragraph 1 of this article, the assignment shall also end by:
a. the conclusion of the intended agreement;
b. the expiry of the agreed term in the case of an agreement entered into for a fixed period;
c. the return of the assignment by the broker as a result of the client’s wish to amend the content of the assignment (including a price change) in such a way that the intended agreement can no longer reasonably be executed in the short term, and such change has not been confirmed in writing by the broker in accordance with Article 4.1 of these terms;
d. the object becoming unmarketable due to the condition into which the object has fallen;
e. the object becoming unmarketable due to severe damage and/or damage to essential parts of the object required for the conclusion of the intended agreement.
Article 6 – Services of the Broker
6.1 The broker is expected to advise the client and provide an assessment of the market value as well as other financial, fiscal, technical, and legal aspects relevant to the object concerned and the intended agreement between the client and a third party.
6.2 The broker’s duty to investigate the accuracy of the data provided by the client is limited to examining rights, including mortgages and other (limited) rights encumbering the object, insofar as this appears from the public registers in which registered vessels are recorded.
6.3 The client cannot derive any rights from advice and information received from the broker if such advice does not directly relate to the assignment.
Article 7 – Obligations of the Client
7.1 The client is responsible for the condition, equipment, and the accuracy of the description of the data provided by him concerning the object.
7.2 With regard to what is stated in paragraph 1 of this article, the client indemnifies the broker against any claims from third parties.
7.3 In the case of a sales assignment, the client is obliged to possess and maintain an adequate and value-retaining hull and liability insurance for the object for which the broker has offered his services.
Article 8 – Brokerage Fee Payable
8.1 The client owes the broker a commission in the context of the assignment if the client and a third party have reached an agreement regarding the intended transaction.
8.2 Deviating arrangements and/or (partial) termination options agreed directly between the client and a third party without the intervention of the broker do not nullify the broker’s right to a commission.
8.3 By virtue of the exclusivity referred to in Article 3.2 of these terms, it follows that if the intended agreement is concluded during the term of the assignment, it is deemed to have been concluded through the intervention of the broker, unless the client can demonstrate that the intended agreement was concluded without the broker’s involvement.
8.4 For a period of six months after the end of the brokerage assignment, the broker retains the right to the full commission based on the last asking price established in writing.
Article 9 – Amount and Determination of the Commission
9.1 The amount of the commission shall be agreed in writing between the broker and the client. If not agreed, the percentage customary within the industry shall be charged.
9.2 The commission shall be calculated on the total amount of the intended agreement concluded within the framework of the assignment, including additional work and additional deliveries that one party must pay to the other party for the object as a result of the concluded intended agreement.
Article 10 – Liability
10.1 Compensation for damages suffered by the client is excluded:
a. damage resulting from intent or deliberate recklessness by auxiliary persons or non-executive subordinates of the broker;
b. business damage, including, for example, lost profits and interruption damage. It is up to the client to insure against this or not.
Article 11 – Payment
11.1 Unless otherwise agreed in writing, payment of the commission shall be made to a bank account designated by the broker.
11.2 At the broker’s request, the client is obliged to provide sufficient security for the payment of the commission, as determined by the broker, regardless of the agreed payment terms. If the client fails to comply within the reasonably set deadline determined by the broker, the client shall be immediately in default. The broker shall then have the right to (partially) dissolve the agreement and recover any damages from the client.
11.3 The client shall owe the broker interest immediately if payment of the commission has not been made within the agreed period. This interest amounts to 12% per year but equals the statutory interest rate if it is higher. Any part of a month shall be considered a full month.
11.4 If payment of the commission has not been made within the agreed period, the client shall owe the broker all extrajudicial collection costs, with a minimum of €500.
The following scale shall be applied for calculating the costs:
on the first €50,000 → 15%
on the next amount up to €75,000 → 10%
on the next amount up to €100,000 → 8%
on any amount exceeding that → 5%
If the actual extrajudicial costs incurred are higher than the above calculation, the actual costs shall be payable.
11.5 The full claim for payment of the commission becomes immediately due and payable if:
a. an agreed payment term has been exceeded;
b. attachment is made on the client’s claims and/or assets;
c. the client has been declared bankrupt or applies for a suspension of payment;
d. the client, as a natural person, has filed a request for admission to judicial debt restructuring, is placed under guardianship, or dies;
e. the client, in its capacity as a company or legal entity, is dissolved or liquidated.
11.6 If, after a possible legal procedure, the broker is ruled in favour by the court, all costs incurred by the broker in connection with this procedure shall be borne by the client.
11.7 The client is prohibited from disclosing to third parties any information received from the broker in connection with the assignment, under penalty of compensating all damages that may result for the broker.
Article 17 – Applicable Law and Competent Court
17.1 Any dispute shall be governed by Belgian law and shall fall under the exclusive jurisdiction of the courts of the judicial district of the plaintiff’s domicile. If the Justice of the Peace is competent, then the Justice of the Peace shall have jurisdiction.
