1. General
ER Drybulk B.V. ("ER Drybulk", "we", "us" or "our") acts as an independent shipbroker in the dry bulk shipping market. These Terms of Business govern the relationship between ER Drybulk and any person or entity requesting or using our services ("Client" or "you"). By requesting or using our services, you confirm that you have read, understood, and agreed to these Terms.
2. Our Services
ER Drybulk provides shipbroking services in the dry bulk sector, including the introduction of vessel owners and charterers, assistance with negotiations, and the exchange of market information. ER Drybulk acts solely as intermediary and never as principal. All contracts, including charter parties, are concluded directly between the contracting parties.
3. Instructions and Authority
The Client shall ensure that all instructions provided to ER Drybulk are given by duly authorised persons. ER Drybulk may rely on any instruction given orally or in writing that it reasonably believes to be from an authorised representative. ER Drybulk shall not be liable for acting in good faith on such instructions.
4. Market Information
All market information, freight indications, and estimates provided by ER Drybulk are indicative only and provided without warranty. Market conditions may change rapidly and ER Drybulk does not guarantee the accuracy or completeness of such information.
5. Commission and Payment
ER Drybulk is entitled to commission for its services as agreed verbally, in writing, or in accordance with market practice. Commission becomes due upon the successful conclusion of a fixture, unless otherwise agreed. Invoices are payable within thirty (30) days of the invoice date.
6. Confidentiality
All information exchanged in connection with ER Drybulk's services shall be treated as confidential and shall not be disclosed to third parties without prior consent, except where required by law.
7. Limitation of Liability
ER Drybulk shall not be liable for any indirect or consequential loss, including loss of profit. Any liability of ER Drybulk shall in all circumstances be limited to the amount of commission received in connection with the relevant transaction.
8. Termination
Either party may terminate the relationship at any time by written notice. Termination shall not affect accrued rights, including the right to commission on fixtures already concluded.
9. Governing Law and Jurisdiction
These Terms of Business shall be governed by and construed in accordance with the laws of the Netherlands. Any disputes shall be subject to the exclusive jurisdiction of the competent courts of the Netherlands.