AVC Transport Conditions
Article 1 Definitions 2
Article 2 Electronic messages 2
Article 3 Scope of application 3
Article 4 Obligations of the sender; 3
Article 5 The consignment note 4
Article 6 Evidential value of the consignment note 4
Article 7 Freight payment 5
Article 8 Instructions of the sender 5
Article 9 Obligations of the carrier 6
Article 10 Liability of the carrier 6
Article 11 Special risks 7
Article 12 Presumption of exonerating circumstances 7
Article 13 Compensation 8
Article 14 Intention to cause damage and wilful recklessness 8
Article 15 Notice of damage 8
Article 16 Right to claim 9
Article 17 Cash on delivery (COD) 9
Article 18 Reservations of the carrier 10
Article 19 Prevention after receipt 10
Article 20 Stack-on transport, through transport 10
Article 21 Storage in the event that the consignee does not show up 10
Article 22 Storage before, during and after carriage 11
Article 23 Right of lien 11
Article 24 Right of pledge 12
Article 25 Lost goods 12
Article 26 Indemnification; Himalaya clause 12
Article 27 Default interest 12
Article 28 Limitation period 13
Article 29 Choice of court; choice of law 13
Article 1
Definitions
In these conditions the following will mean:
1. Contract of carriage: the contract by which the carrier undertakes towards the sender to carry goods by road.
2. Sender: the contractual other party of the carrier. If a sender is referred to in the consignment note this does
not automatically mean that the sender referred to is the contractual other party of the carrier.
3. Consignee: the person who by virtue of the contract of carriage is entitled to delivery of the goods by the
carrier.
4. The consignment note: the document drawn up in three original copies, one of which (evidence of receipt) is
destined for the sender, the second (evidence of delivery) being destined for the carrier, and the third being
destined for the consignee.
5. Servants and agents: employees of the carrier as well as persons whose services the carrier uses for the
completion of the contract of carriage.
6. Force majeure: circumstances which a diligent carrier is unable to avoid and in so far as a carrier is unable to
prevent the consequences thereof.
7. Loss due to delay: financial loss arising from delay in delivering goods.
8. Written or ‘in writing: in writing or electronically.
9. BW: Burgerlijk Wetboek (Netherlands Civil Code).
10. CMR: Convention on the Contract for the International Carriage of Goods by Road (CMR) (Geneva1956), as
supplemented by the 1978 Protocol.
11. ‘Algemene Veerboot- en Beurtvaartcondities’ the Dutch General Ferry Boot and Regular Barge Terms and
Conditions), most recent version, as deposited by Stichting Vervoeradres at the registry of the District Courts
of Amsterdam and Rotterdam.
12. General Storage Terms and Conditions: the General Storage Terms and Conditions, most recent version, as
deposited by Stichting Vervoeradres at the registry of the District Courts of Amsterdam and Rotterdam.
Article 2
Electronic messages
1. If data, including those relating to the consignment note, are exchanged electronically, parties shall not
dispute the admissibility of electronic messages as evidence in the event of a mutual conflict.
2. Electronic messages have the same evidential value as written documents, unless these messages were
not sent, saved and registered in the format as agreed on between the parties and in accordance with the
security level and manner agreed on by parties.
3. A consignment note drawn up and signed electronically via the TransFollow platform has the same evidential
value as the consignment note referred to in section 1. The electronic signature placed via the TransFollow
platform is recognised as sufficiently reliable.
Article 3
Scope of application
The General Transport Terms and Conditions apply to the contract of carriage of goods by road; if the CMR applies,
then the General Transport Terms and Conditions also apply.
Article 4
Obligations of the sender;
notice of termination of the contract of carriage
1. The sender is required:
a) concerning the goods and the treatment of same, to timely supply the carrier with all data and
information as he is able to or ought to be able to, and of which he knows or ought to know that such data
and information are important to the carrier, unless he may assume that the carrier is already aware of
this data;
b) to make the agreed goods available to the carrier at the agreed location and time and in the agreed
manner, accompanied by the consignment note as required by article 5 and by any further documents as
required by law from the sender;
c) to clearly and appropriately address each package to be carried and, in so far as reasonably practicable,
to affix or append the required information and address to the packages or their packaging in such a
manner that under normal circumstances it remains legible until the end of the carriage. The sender may
agree in writing with the carrier that addresses on the packages can be substituted by a statement of
numbers, letters or other symbols;
d) to report the total weight of the goods to be carried on the consignment note;
e) to load and to stow the goods as agreed in or on the vehicle, and to have them unloaded, unless parties
agree otherwise, or unless other obligations arise from the nature of the intended carriage, considering
the goods to be carried and the vehicle made available.
2. The sender is not allowed to back out of his obligations mentioned in section 1 a, b, c, and d irrespective of the
circumstances he may invoke and the sender is required to compensate the carrier for the damage arising
from non-compliance with the obligations mentioned.
3. Without prejudice to the provisions of section 2, the carrier may terminate the contract without any
notification if the sender does not fulfil his obligations referred to in section1a and b; however the carrier
may only do so after he has set a final deadline for the sender in writing and the sender fails to meet its
obligation by the expiry of that deadline. If setting such a deadline would mean that the business operations
of the carrier would be unreasonably affected, then the carrier may terminate the contract without granting a
deadline as mentioned. The sender may likewise terminate the contract, if he does not fulfil his obligation as
mentioned in section 1b.
Termination is effected by written notice and the agreement is terminated when this notice is received.
After termination the sender owes the carrier 75 percent of the agreed freight rate but cannot be held liable
for further compensation. If no freight rate was agreed, the applicable freight rate will be as per the law,
respectively as per custom, respectively in fairness.
4. The carrier may also give notice of termination of the contract, in case of defective loading or stowing or
in case of overloading, but not until the sender has been given the opportunity to rectify the defect or the
overloading. If the sender refuses to rectify the defective loading and/or stowing or the overloading, the
carrier may either give notice of termination of the contract, or rectify the defects and/or the overloading
himself; in both cases the sender is required to pay the carrier an amount of € 500, unless the carrier proves
that the damages suffered are in excess of that amount; section 3 does not apply.
5. The sender must repay to the carrier any fine imposed on him as a result of overloading, unless the carrier
has fallen short in fulfilling his obli gations pursuant to article 9 sections 1 and 5 or the carrier has not given
notice of termination of the contract of carriage on the ground of the previous section, without prejudice to
his right to invoke bad faith on the part of the sender. In case the sender can show proof of any fine resulting
from violation of article 2.6 section 2 of the Wet Wegvervoer Goederen (Law roadtransport of goods), this
stipulation is deleted.
6. Notwithstanding the other sections of this article the sender must compensate to the carrier the damages
suffered in so far as caused by the circumstance that the carriage of the goods is or will be fully or partially
prohibited or restricted by public authority; however this liability will not exist if the sender proves that the
carrier was or could have reasonably been aware of the prohibition or restriction at the time of the contract of
carriage being concluded.
Article 5
The consignment note
1. When making the goods available the sender is obliged to submit a consignment note to the carrier which
states that these General Terms and Conditions apply to the contract of carriage concluded.
2. The sender is required to complete the consignment note truthfully and in full according to the instructions,
and when making the goods available to the carrier he warrants the correctness and completeness of the
data supplied by him.
3. The carrier is required to clearly identify himself as the carrier in the consignment note presented by the
sender and to sign it and return it to the sender. If the carrier so requires, the sender is required to sign the
consignment note. The signature may be printed or substituted by a stamp or any other mark of origin.
4. The consignment note may also be drawn up in the form of an electronic message in accordance with the
format and security level as agreed between the parties and in accordance with the manner of sending,
saving and registering as agreed between the parties.
Article 6
Evidential value of the consignment note
1. When accepting the goods the carrier is obliged to check the correctness of the statement of the quantity of
goods in the consignment note as well as the outward good condition of the goods and their packaging, and
in case of deviation to make a note of that on the consignment note. This obligation does not exist if in the
opinion of the carrier this would considerably delay the carriage.
2. The consignment note is prima facie evidence, subject to evidence to the contrary, of the conditions of the
contract of carriage and the parties to the contract of carriage, and of the receipt of the goods and their
packaging in outwardly good condition, and of the weight and quantity of the goods. If the carrier has no
reasonable means to check the correctness of the entries referred to in section 1, then the consignment note
will not be evidential of these entries.
Article 7
Freight payment
1. The sender is obliged to pay the freight and further expenses attached to the goods at the time that the
consignment note is handed over or the goods are received by the carrier.
2. If freight payable at destination has been agreed, the consignee is obliged to pay the freight, the costs due
owing to other reasons relating to the carriage and further charges attached to the goods on delivery of the
goods by the carrier; if the consignee does not pay these upon the first reminder, he and the sender are
jointly and severally obliged to pay. If, in the case of freight payable at destination, the sender has mentioned
in the consignment note that no delivery may be performed without payment of the freight costs, the costs
due owing to other reasons relating to the carriage and further expenses attached to the goods, the carrier, if
no payment is made, must ask the sender for further instructions which he is obliged to follow up, in so far as
reasonably possible, against compensation of costs and damage and possibly payment of a reasonable fee,
unless these costs were incurred by his own fault.
3. The carrier has the right to charge all extrajudicial and judicial costs incurred to collect the freight and other
amounts, as mentioned in sections 1 and 2, to the parties required to pay the freight and other costs.
The extrajudicial collection costs are due as from the time that the debtor is in default. The extrajudicial
collection costs are calculated on the basis of the Extrajudicial costs compensation decree (Besluit voor
buitengerechtelijke incassokosten, Bulletin of Acts, Orders and Decrees 2012/141) or the most recent version
of that decree.
4. The freight, the costs due owing to other reasons relating to the carriage and further expenses attached to the
goods are due also if the goods are not delivered at their destination or only partly, damaged or delayed.
5. An appeal to set off claims to pay freight, costs due owing to other reasons relating to the carriage and further
expenses attached the goods against claims for any other reason is not permitted.
6. If the sender does not fulfil his obligations referred to in this article, then the carrier is entitled to suspend
departure of the vehicle, and in this event the damage arising will be considered as expenses attached to the
goods.
Article 8
Instructions of the sender
1. The sender is entitled to change the location where the goods are made available, to designate himself
or somebody else as consignee, to change a designation given of the consignee as well as to give orders
concerning delivery or to change the place of delivery, provided these instructions do not impede the normal
business operations of the carrier. Instructions concerning non-delivery which reach the person having to
carry them out on time, must still be carried out however.
2. Instructions may also be given after receipt of the goods by the carrier.
3. The sender is required to compensate the carrier for any damage and costs caused by following the
instructions. If as a result of the instructions given the vehicle has been driven to a location which was
not previously agreed on, then the sender is required to pay a reasonable fee in this respect as well as
compensating the damage suffered and expenses incurred.
4. The right to give instructions lapses as soon as the consignee accepts the goods at the place of delivery or
the consignee claims compensation from the carrier because the latter did not deliver the goods.
Article 9
Obligations of the carrier
1. The carrier is required to accept the goods agreed on at the place and time and in the manner agreed as
well as to communicate the loading capacity of the vehicle to the sender, unless it can be presumed that the
sender is aware of this.
2. The carrier is obliged to deliver the goods received for carriage at the destination in the condition in which he
has received them.
3. The carrier is obliged to deliver the goods received for carriage within a reasonable time period; if a period of
delivery has been agreed in writing delivery must be carried out within this period.
4. If the carrier does not fulfil the obligation referred to in section 1, either party may give notice of termination
of the contract in respect of the goods not yet accepted by the carrier. However, the sender may do so only
after having set a deadline in writing for the carrier and the carrier does not fulfil his obligation at the expiry of
it.
Notice of termination is given by a written communication to the other party and the contract terminates
when this notice is received.
After termination the carrier is required to compensate the sender for the damage which he has suffered as a
result of the termination. This compensation, however, cannot amount to more than twice the freight and the
sender owes no freight.
5. The carrier is obliged to check the loading, stowing and any overloading by or on behalf of the sender if and
in so far as circumstances permit this. If the carrier considers that the loading and stowing is defective, he is
obliged, notwithstanding the stipulation in article 4 section 4, to make a note of this on the consignment note.
If he is not able or in a position to fulfil his control obligation, he may make a note of this on the consignment
note.
6. If delivery domicile has been agreed, the carrier must deliver the goods to the door of the address mentioned
in the consignment note or to the door of an address which the sender has provided in good time instead of
the one in the consignment note pursuant to article 8. If the address is not reachable via a surfaced road or
any other reasonable manner, it must be delivered to a location, which is as close as possible to the address
originally indicated.
Article 10
Liability of the carrier
1. Except in the case of force majeure the carrier is liable for damage to or loss of the goods and for damage due
to delayed delivery in so far as the carrier has not fulfilled the obligations referred to in article 9, sections 2
and 3.
2. The carrier is also liable for acts and omissions of his agents and servants in the same way as for his own
acts and omissions..
3. The carrier cannot relieve himself of his liability by invoking the defective condition of the vehicle or of the
equipment which he uses unless this was made available to him by the sender, the consignee or the receiver.
Material will not mean a ship or a railway carriage containing the vehicle.
Article 11
Special risks
Notwithstanding article 10, the carrier, who does not fulfil his obligations pursuant to article 9 sections 2 and 3,
will nevertheless not be liable for the damage arising from this, in so far as the non-observance is the result of
the special risks related to one or more of the following circumstances:
a) the carriage of the goods in an open uncovered vehicle, if this was explicitly agreed and specified in the
consignment note;
b) absence of or defective condition of packing of the goods which considering their nature or the manner of
carriage should have been sufficiently packed;
c) handling, loading, stowing or unloading of the goods by the sender, the consignee or persons acting on
account of the sender or the consignee;
d) the nature of certain commodities which owing to causes related to this nature are exposed to total or
partial loss or to damage, particularly through combustion, explosion, melting, breakage, corrosion, decay,
desiccation, leakage, normal reduction of quality or presence of vermin or rodents;
e) heat, cold, temperature variations or air humidity, but only if it has not been agreed that the carriage would
be performed by means of a vehicle especially equipped to protect the goods from the effects of such
conditions;
f) incompleteness or inadequacy of the address, numbers, letters or signs on the packages;
g) the fact that it concerns carriage of a live animal.
Article 12
Presumption of exonerating circumstances
1. If the carrier proves that, considering the circumstances of the case, the non-compliance with his obligations
pursuant to article 9 sections 2 and 3 may have been a consequence of one or more of the special risks
specified in article 11, it will be presumed that the non-compliance was indeed such a consequence. However,
the person who is entitled to receive the goods from the carrier may prove that this non-compliance was not
wholly or partly caused by one of these special risks.
2. The presumption referred to here above does not apply in the event mentioned in article 11a, if there is an
abnormal shortage or an abnormally large loss of packages.
3. If, in accordance with what the parties had agreed, the carriage is performed by means of a vehicle especially
equipped to protect the goods from the effects of heat, cold, temperature variations or air humidity, the
carrier for the purpose of exoneration of his liability as a result of these effects may only invoke article 11d
if he proves that all measures had been taken, which he was obliged to take considering the circumstances,
with respect to the choice, the maintenance, and the use of such equipment and that he acted in accordance
with the special instructions referred to in section five.
4. The carrier may only invoke article 11g, if he proves that all measures had been taken which he was normally
obliged to take, considering the circumstances and that he acted in accordance with the special instructions
referred to in section five.
5. The special instructions referred to in sections three and four of this article must have been given to the
carrier before the start of the carriage and must have been explicitly accepted by him and must be specified
in the consignment note if one has been issued for the carriage concerned. Merely the specification of them
in the consignment note constitutes no evidence in this event.
Article 13
Compensation
1. The compensation owed by the carrier on the ground of non-compliance with his obligation pursuant to
article 9 section 2 is limited to an amount of € 3.40 per kilogram; the carrier is not liable on the grounds
of the contract of carriage for other damage than that arising from loss of or damage to the goods, such as
consequential damage, business stagnation or immaterial damage.
2. The number of kilograms as basis for the calculation of the amount specified in section 1 is the weight of the
damaged or not delivered object as specified in the consignment note.
3. If the carrier is liable because he did not deliver within the reasonable period specified in article 9 section 3,
the compensation for delay in delivery is limited to once the freight; if the period specified in article 9 section
3 has been agreed in writing, the compensation is limited to twice the freight.
4. The costs of expertise research, salvage and other costs which are incurred to establish and realise the value
of the damaged or lost goods and of those delivered with delay are considered as depreciation of the object.
5. If the carrier is liable because of non-compliance with his obligation stemming from Sections 8:1115 para
2 and 8:1118 para 3 BW, or the articles 6 section 1, 19 sections 4, 21 or 25 of these terms and conditions,
compensation due by the carrier in this respect shall not exceed the compensation which he would owe in the
event of total loss of the goods concerned.
Article 14
Intention to cause damage and wilful recklessness
An act or an omission by whomever, except the carrier himself, carried out either with the intention to cause
damage, or recklessly and in the knowledge that this damage would ensue, does not deprive the carrier of his
right of appealing to any exoneration or limitation of his liability.
Article 15
Notice of damage
1. If the goods are delivered by the carrier showing obvious damage or loss and the consignee does not, on
receipt of the goods or immediately thereafter, communicate to the carrier a reservation in writing, specifying
the general nature of the damage or the loss, then the carrier is presumed to have delivered the goods in the
same condition as in which he received them.
2. If the damage or the loss are not externally visible and the consignee has not, within one week of acceptance
of the goods, communicated to the carrier a reservation in writing, specifying the general nature of the
damage or the loss, then the carrier is likewise presumed to have delivered the goods in the same condition
as in which he has received them.
3. If the goods are not delivered within a reasonable or an agreed period and the consignee has not, within one
week of acceptance of the goods, communicated to the carrier a reservation in writing, specifying that the
goods were not delivered within this period, then the carrier is presumed to have delivered the goods within
this period.
Article 16
Right to claim
Both the sender and the consignee are entitled to demand delivery of the goods in accordance with the
obligations of the carrier from the carrier.
Article 17
Cash on delivery (COD)
1. Parties may agree that the goods will charged with a COD amount which, however, shall not exceed the
invoice value of the goods. In that case the carrier may deliver the goods only after advance payment of the
COD amount in cash, unless the sender has authorised the carrier to accept some other form of payment.
2. If after notice of arrival the consignee does not pay the COD amount in accordance with the form of payment
as prescribed by the sender to the carrier, then the carrier must ask the sender for further instructions.
The costs related to asking for instructions are for account of the sender. The carrier must follow up the
instructions given to him, in so far as this is reasonably possible, in return for reimbursement of costs and
possibly a reasonable fee, unless these costs were incurred by his own fault.
If the sender gives instructions to the effect that delivery must be carried out in deviation to instructions
previously given relating to payment, then these instructions must be given in writing to the carrier.
In the absence of instructions the stipulations of article 21 apply mutatis mutandis.
3. The carrier is obliged after delivery of a COD consignment and transfer of the amount to him to remit the COD
amount without delay but in any event within two weeks to the sender or to transfer it to his bank or giro
account.
4. The period of two weeks specified in section 3 starts on the day that the goods are delivered.
5. The consignee who at the time of delivery knows that the goods are burdened by a COD amount is obliged to
pay to the carrier the amount which the latter owes to the sender.
6. If the goods have been delivered without the COD amount having been collected in advance, the carrier is
obliged to compensate the sender for the damage to the maximum of the COD amount, unless he proves
that there was no fault on his part or on the part of his employees. This obligation does not affect his right of
recourse against the consignee.
7. The COD fee due accrues to the sender.
8. All claims against the carrier stemming from a COD condition are limited to one year, counting from the
commencement of the day following the day when the goods were delivered or ought to have been delivered.
Article 18
Reservations of the carrier
In application of the present conditions the carrier reserves the right:
a) to carry the goods by means of the vehicles which are appropriate in his opinion and to keep them if
necessary in such vehicles, storage rooms or warehouses as he thinks fit, irrespective of whether these
vehicles, storage rooms or warehouses belong to the carrier or third parties;
b) to have the free choice of the route for carriage, and likewise to deviate from the customary route. He is also
entitled to call on places as he thinks fit for the operation of his enterprise.
Article 19
Prevention after receipt
1. If upon receipt of the goods by the carrier the carriage cannot reasonably be effected, continued or completed
or within a reasonable time period , the carrier is obliged to communicate this to the sender. Both carrier and
sender are then entitled to give notice of termination of the contract.
2. Notice of termination shall be given by notifying the other party in writing and the contract will terminate
when this written notification is received.
3. The carrier is not obliged to effect further carriage to the place of destination and is entitled to unload the
goods and store these at a place fit for the purpose; the sender is entitled to take possession of the goods.
The costs incurred with respect to the goods in connection with the termination are for account of the sender,
under reservation of section 4.
4. Without prejudice to force majeure the carrier is obliged to compensate the sender for the damage which he
suffers as a result of the termination of the contract.
Article 20
Stack-on transport, through transport
1. If part of the carriage, whether or not after transhipment of the goods, takes place on inland waterways,
the liability of the carrier for this part is defined by articles 9 and 13 of the Algemene Veerboot- en
Beurtvaartcondities.
2. If, after delivery of the goods which he has carried, the carrier undertakes to have the goods carried onwards,
he does so in the capacity of a forwarding agent and his liability in this capacity is then limited to € 3.40 per
kilogram for lost or damaged goods; no further compensation for any kind of damage shall be owed.
Article 21
Storage in the event that the consignee does not show up
1. If the consignee does not show up after notice of arrival of the goods, , if he does not begin taking delivery of
the goods, if he does not continue to accept delivery of the goods regularly and with appropriate haste, if he
refuses to accept the goods or to sign for receipt, the carrier may store the goods for account and risk of the
sender, observing due care, in a manner and location of his determination, if necessary also in the vehicle in
which the goods were carried; the carrier is obliged to inform the sender.
2. The carrier, taking section 1 into consideration may also proceed to storage or garaging, if furnishment of
security as specified in article 23 section 5 is refused, or if a dispute arises over the amount or the nature of
the security to be furnished.
3. Except in the event of seizure, the goods may be sold publicly or privately for account of the sender without
any legal authorisation being required, but only after expiry of one week after a notice in writing by registered
mail to the sender of the intention to sell.
4. The sale may be effected without observing any term and without prior notice if the goods are perishable or
storage may be detrimental or give rise to damage or danger for the vicinity. If prior notice was not given, the
carrier is obliged to inform the sender of the sale afterwards.
5. With regard to livestock the term specified in section 3 is three days, subject to the right of the carrier to
proceed to the sale without respecting any term and without prior notice if the condition of the livestock so
warrants. If prior notice was not given, the carrier is obliged to inform the sender of the sale afterwards.
6. The carrier will retain the proceeds from the goods sold, after deduction of the amount of any COD and a fee
due to the carrier in connection therewith and of everything due to the carrier in connection with the goods
sold, both for freight as well as the costs or storage and parking and other costs and damages, for the sender
for six months following the acceptance of the goods for carriage, at the expiry of which term he shall put the
amount retained in judicial custody.
Article 22
Storage before, during and after carriage
If sender and carrier agree that the carrier will store the goods before or during the carriage as agreed, or will do
so on completion of the carriage, such storage is effected under application of the General Storage Terms and
Conditions, pursuant to which sender and carrier are respectively considered as the depositor and the custodian.
Article 23
Right of lien
1. The carrier has a right of lien on goods and documents in his possession in connection with the contract of
carriage towards any person who demands delivery of same. This right does not accrue to him if, at the time
of receipt of the goods for carriage, he had reason to doubt the right of the sender to make the goods available
for carriage to him.
2. The right of lien applies likewise to charges attached to the goods by way of COD as well as to the COD fee to
which he is entitled, for which he is not obliged to accept security.
3. The carrier may also exercise the right of lien against the sender for reason of what is still owed to him with
respect to previous contracts of carriage.
4. Likewise, the carrier may exercise the right of lien against the consignee who in this capacity became a party
to previous contracts of carriage for reason of what is still owed to him with respect to these contracts.
5. If when settling the invoice a dispute arises over the amount due or if there is a need for a calculation to be
made for the determination of what is due that cannot be made quickly, then the party demanding delivery is
obliged to pay forthwith the part which the parties agree is due and to furnish security for the part in dispute
or for the part for which the amount has not yet been established.
Article 24
Right of pledge
1. All the goods, documents and monies in possession of the carrier in connection with the contract of carriage
serve as pledge for all claims which he has against the sender.
2. Except for the cases where the sender has been declared bankrupt, has been granted moratorium of
payments or in has been declared subject to a debt reorganisation scheme for natural persons, the carrier
shall never be entitled to sell the pledged objects without permission from the Court in accordance with
Section 3:248 para 2 BW.
Article 25
Lost goods
If the goods have not been delivered within thirty days from the day when they were accepted for carriage and if
their whereabouts is unknown, the goods will be considered as lost.
If within one year after the carrier has paid compensation for non-delivery of the goods to the person who was
entitled to delivery of same, these goods or some of them appear to be (again) in possession of the carrier,
the latter is obliged to communicate this circumstance to the sender or the consignee in writing, whichever
has expressed the wish to this effect in writing, and then the sender respectively the consignee has the
right for thirty days from receipt of such communication to demand as yet delivery of these goods against
reimbursement of the compensation he has received. The same applies if the carrier has paid no compensation
for non-delivery, subject however to the period of one year to start from the day after the day when the goods
ought to have been delivered. If the sender or the consignee respectively does not avail himself of this right,
article 21 applies.
Article 26
Indemnification; Himalaya clause
1. The sender who fails to meet any obligation which the law or these conditions impose on him is obliged to
indemnify the carrier against all damages which he might suffer as a result of this non-compliance when he
is held liable by a third party on account of the carriage of the goods.
2. When servants and agents of the carrier are held liable on account of the carriage of the goods, these persons
may invoke each liability limitation and/or exoneration which the carrier can invoke pursuant to these
conditions or any other legal or contractual provision.
Article 27
Default interest
Pursuant to Section 6:119 BW, parties owe statutory default interest on any amounts owed.
Article 28
Limitation period
1. All judicial claims based on or related to the contract of carriage are limited to one year.
2. In so far as a carrier seeks recourse against a person whose services the carrier has used in completing the
contract of carriage to recoup what the carrier is due to the sender or the consignee a new limitation period of
three months begins from the time as stipulated in Section 8:1720 para 1 BW.
Article 29
Choice of court; choice of law
1. All disputes arising from or relating to domestic carriage by road between parties residing in the Netherlands
can exclusively be adjudicated by the competent court in Rotterdam, unless the parties agree otherwise in
writing.
2. All legal relationships ensuing from or relating to the contract of carriage are governed by Dutch law.
Explanatory note
Instead of a court ruling, parties may submit their dispute to arbitration. UNUM is specialised in arbitration and
mediation in the areas of transport, storage, logistics, international trade, and the shipping and shipbuilding
industries. Stichting Vervoeradres is member of the board of UNUM to represent the interests of road transport
and logistics services. Since September 2011 it is no longer possible to submit cases for arbitration to the
Stichting Arbitrage voor Logistiek.
If you wish to make use of the arbitration services of UNUM, then include the arbitration clause below in your
contract of carriage.
‘All disputes ensuing from or connected to this contract will be subject to Arbitration in Rotterdam in accordance
with the UNUM Arbitration Rules. Article 29 paragraph 1 AVC 2002 does not apply to this contract.’
Even after the conflict has arisen, the parties can decide to submit the case for arbitration. This requires an
agreement in writing between the parties.
Stichting Vervoeradres represents shippers’ and carriers’ joint interests under public and/or private law, in an
independent and impartial manner. It assists carriers and shippers in concluding transport contracts in a legally
binding and balanced fashion, by providing standards for legal documents (consignment notes) and texts
(General Terms and Conditions and examples of clauses / contracts). The application of these standards helps
reduce the incidence of conflicts regarding the actual execution of logistics contracts. Furthermore, the standards
contribute to the prevention of breaches of the law.
Beurtvaartadres has been serving the Dutch transport sector for more than 90 years. We facilitate the logistics
chain in exchanging and storing data on logistic transactions in order to reduce the administrative burden in the
sector. We optimise logistics processes with innovative, user-friendly products and services. With us you are at
the right place for: the digital consignment note, import and export matters and a complete range of transport
documents.