The General Transport Conditions 2002 have been filed with the registry of the
District Courts of Amsterdam and Rotterdam. These apply in addition to our General Terms and Conditions as set out in Article 15.6.
Table of contents
General Transport Conditions 2002
(AVC 2002)
Article
1: Definitions
2: Electronic reporting
3: Scope
4: Obligations of the sender; termination of the contract of carriage
5: The bill of lading
6: Evidential value of the consignment note
7: Freight payment
8: Sender's Instructions
9: Obligations of the carrier
10: Carrier's Liability
11: Special risks
12: Presumption of liability exonerating circumstances
13: Compensation
14: Intent and conscious recklessness
15: Notification of damage
16: Right to claim
17: Cash on delivery
18: Carrier's reservations
19: Obstruction after reception
20: Stack transport; onward transport
21: Storage in case of non-appearance of the addressee
22: Storage before, during and after transport
23: Right of retention
24: Lien
25: Lost Causes
26: Indemnification; Himalaya Clause
27: Late payment interest
28: Statute of Limitations
29: Arbitrage
Explanation of arbitration
General Transport Conditions 2002
(AVC 2002)
Article 1
Definitions
In these conditions the following terms are understood to mean:
1. Contract of carriage: the contract whereby the carrier undertakes to the sender
to the transport of goods by road.
2. Sender: the carrier's contractual counterparty.
Mentioning a sender on the consignment note does not automatically imply that the sender so named
is the carrier's contractual counterparty.
3. Consignee: the person who, under the contract of carriage, is obligated to carry the goods to the carrier.
is entitled to delivery of the goods.
4. The consignment note: the document drawn up in three original copies, one of which
copy (proof of receipt) is intended for the sender, a copy (proof of receipt)
delivery) is intended for the carrier and one copy is intended for the addressee.
5. Auxiliary persons: subordinates of the carrier as well as persons whose services are required
carrier uses in the performance of the contract of carriage.
6. Force Majeure: circumstances which a careful carrier could not have avoided.
avoid and to the extent that such carrier could not have prevented the consequences thereof.
7. Delay Losses: Financial losses resulting from delayed delivery of goods.
8. Written: in writing or electronically.
9. BW: Civil Code.
10. CMR: the Convention on the Contract for the International Carriage of Goods by Sea
road (Geneva 1956), as supplemented by the 1978 Protocol.
11. General Ferry and Regular Shipping Conditions: the General Ferry and Regular Shipping Conditions,
latest version, filed by sVa / Stichting Vervoeradres with the registry of the
district court in Amsterdam and Rotterdam.
12. General Storage Conditions: the General Storage Conditions, latest version, deposited
by sVa / Stichting Vervoeradres at the registry of the district court in Amsterdam and
Rotterdam.
Article 2
Electronic reports
1. If data, including those relating to the consignment note, are transmitted electronically,
exchanged, the parties will, in the event of disputes between them, determine the admissibility of electronic
do not dispute messages as evidence.
2. Electronic messages have the same evidentiary value as written documents, unless these messages are not on
the format and level of security agreed between the parties as well as not on the
have been sent, stored and registered in the agreed manner.
Article 3
Scope of application
The General Conditions of Carriage apply to the contract of carriage of goods by road;
if the CMR applies, the General Conditions of Carriage apply additionally.
Article 4
Obligations of the sender; termination of the contract of carriage
1. The sender is obliged:
(a) the carrier shall provide all such information in good time regarding the goods and their handling.
to do what he is capable of or should be capable of, and what he knows or should know that
they are of importance to the carrier, unless he can assume that the carrier has
knows data;
(b) the agreed items at the agreed place, time and manner and accompanied by the
the consignment note required by Article 5 and the consignment note otherwise required by law on the part of the sender
to make required documents available to the carrier;
(c) to address each package to be transported clearly and effectively and, if reasonably possible,
it is possible to provide the required data and addresses on or to the packages or their packaging.
in such a way that they can be transported under normal circumstances until the end of the journey
will remain legible. The sender may agree in writing with the carrier that the
addressing of the packages is replaced by a mention of numbers, letters or other
symbols;
(d) to state the total weight of the goods to be transported on the consignment note;
(e) to load, stow and unload the agreed items in or on the vehicle, unless
parties agree otherwise or the nature of the intended transport takes into account
taking into account the goods to be transported and the vehicle made available, if otherwise follows.
2. The sender cannot rely on any circumstances whatsoever to comply with the conditions referred to in paragraph 1.
a, b, c and d are exempt from the obligations mentioned and the sender is obliged to provide the carrier with the
to compensate for damages resulting from failure to comply with the aforementioned obligations.
3. Without prejudice to paragraph 2, the carrier may terminate the contract without any
cancel the notice of default if the sender fails to comply with the terms referred to in paragraph 1 under a and b
obligations, but only after he has given the sender a deadline in writing.
has been made and the sender has not fulfilled his obligation at the end of the term. If
setting such a term would unreasonably hinder the operation of his business
disturbed, the carrier may also terminate the agreement without granting the said period
to cancel.
If the sender has not fulfilled his obligation referred to in paragraph 1(b), he may also
cancel the agreement.
Termination shall be effected by written notice and the agreement shall end on the
moment of receipt thereof. After cancellation, the sender is liable for 75% of the agreed freight
owed to the carrier without being liable for further damages. If
no freight has been agreed, the freight according to law or usage shall apply as such,
respectively fairness.
4. The carrier may also terminate the agreement if the loading and/or stowage
is defective or overloaded, but not after the sender has been given the opportunity
to remedy the defect or overloading. If the sender refuses to
the loading and/or stowage defect or overloading can be undone
carrier to terminate the agreement or to report the defect and/or overloading itself
undo; in both cases the sender is obliged to pay the carrier an amount of €500
pay, unless the carrier proves that the damage suffered as a result exceeds this amount; paragraph 3
is not applicable.
5. The sender must pay to the carrier any fine imposed on him for overloading.
reimburse, unless the carrier has failed to fulfil its obligations under Article 9, paragraphs 1 and 5
obligations resting on whether the carrier has not terminated the contract of carriage on the grounds
of the previous paragraph, without prejudice to the sender's appeal to bad faith.
6. Without prejudice to the other paragraphs of this Article, the sender must provide the carrier with the information provided by the latter.
compensate for any damage suffered to the extent that it is the result of the circumstance that the transport
of the matters from above are or will be wholly or partially prohibited or restricted; these
However, liability does not exist if the sender proves that this prohibition or restriction
was known or could reasonably have been known to the carrier at the time the contract was entered into
contract of carriage.
Article 5
The bill of lading
1. The sender is obliged to provide a consignment note when making the goods available to the carrier.
to be handed over stating that these General Conditions of Carriage are on the closed
contract of carriage applies.
2. The sender is obliged to complete and complete the consignment note in accordance with the instructions contained therein.
to be completed truthfully and it is available at the time the items are made available
guarantees the accuracy and completeness of the information provided by him.
3. The carrier is obliged to act as a carrier on the consignment note presented to him by the sender.
to make this clearly known and sign it and hand it over to the sender. If the
If the carrier so requests, the sender is obliged to sign the consignment note. The signature
can be printed or indicated by a stamp or any other mark of origin
replace.
4. The consignment note may also be made out in the form of electronic messages in accordance with
the format and level of security agreed between the parties as well as in accordance with the
method of sending, storing and registering agreed upon between the parties.
Article 6
Evidential value of the bill of lading
1. The carrier is obliged to check the accuracy of the information upon receipt of the goods.
of the number of items on the consignment note as well as the apparent good condition of the items and their
to check the packaging and, in case of any deviation, make a note on the
Bill of Lading. This obligation does not exist if, in the opinion of the carrier, the carriage
would therefore be significantly delayed.
2. The consignment note shall be evidence, unless proven otherwise, of the terms of the
contract of carriage and the parties to the contract of carriage, of the taking over of the
items and their packaging in apparent good condition, showing the weight and number of items.
If the carrier does not have reasonable means at its disposal to verify the accuracy of
the information referred to in the first paragraph, the consignment note does not provide proof of that
mentions.
Article 7
Freight payment
1. The sender is obliged to pay the bill of lading at the time he hands over the bill of lading or at the time
that the goods have been received by the carrier, the freight and other charges on the goods
to meet pressing costs.
2. If unpaid shipment has been agreed, the addressee is entitled to the delivery of the
goods by the carrier obliges the freight, the goods on other grounds relating to the carriage
to pay all costs owed and other costs relating to the goods; if he has these at the first
If the sender has not complied with the reminder, the sender is jointly and severally liable to pay.
If the sender has stated on the consignment note that the goods will be delivered without postage,
payment of the freight, of any amount due in connection with the carriage on other grounds or of
further costs burdening the goods cannot be delivered, the carrier must, if
no payment is made, ask the sender for further instructions which he must follow, if
if this is reasonably possible, against compensation for costs, damages and any payment of
a reasonable reward, unless these costs were incurred through his fault.
3. The carrier is entitled to take all necessary extrajudicial and judicial measures.
costs for collecting the freight and other amounts, as mentioned in paragraphs 1 and 2, from the person
who is obliged to pay the freight and other costs.
The extrajudicial collection costs are due from the moment the debtor is in
default is in effect and the claim has been handed over for collection.
4. The freight, any amounts due on other grounds in connection with the carriage and any other charges on the goods
Resting costs are also due if the goods are not, only partially, damaged or with
delayed delivery to destination.
5. Appeal for offsetting of claims for payment of freight, of claims arising from other reasons in this regard
of the transport costs or of further costs burdening the goods with claims from
other heads are not allowed.
6. If the sender has not fulfilled his obligations mentioned in this Article,
the carrier is entitled to suspend the departure of the means of transport and in that case the
any damage incurred by him as a result of this shall be deemed to be costs burdening the goods.
Article 8
Sender's Instructions
1. The sender is entitled to change the place where the goods are made available, either himself or
to designate another as addressee, to give a given designation of the addressee
to change or give orders regarding delivery or to change the place of delivery, provided that
These instructions do not impede the normal business operations of the carrier. Instructions regarding
However, failure to deliver must always reach the person who must carry it out in time
are being performed.
2. Instructions may be given even after the carrier has taken receipt of the goods.
3. The sender is obliged to compensate the carrier for any damage caused by following the instructions.
to compensate for damages and costs incurred.
If the vehicle is moved to a previously unseen location as a result of the instructions given,
agreed place has been driven, the sender is obliged, except for compensation for damages suffered
damages and costs incurred, including reasonable compensation.
4. The right to give instructions shall lapse as soon as the consignee arrives at the place of unloading.
accepts goods or the consignee claims compensation from the carrier because these
does not deliver the goods.
Article 9
Carrier's obligations
1. The carrier is obliged to deliver the agreed goods at the agreed place, time and in the agreed manner.
to receive and inform the sender of the vehicle's loading capacity,
unless it is reasonable to assume that the sender is aware of this.
2. The carrier is obliged to deliver goods received for carriage at the destination in the condition
in which he received it.
3. The carrier is obliged to deliver the goods received for carriage within a reasonable period.
destination to be delivered; if a delivery term has been agreed in writing,
to be delivered within this period.
4. If the carrier fails to comply with the obligation referred to in paragraph 1, either party may
agreement regarding the goods which the carrier has not taken delivery of,
cancel. However, the sender can only do this after giving the carrier written notice of termination.
has set a term and the carrier has not yet fulfilled its obligation upon expiry of that term
met.
Termination is effected by written notice to the other party and the agreement
ends at the moment this notice is received.
After termination, the carrier is obliged to compensate the sender for any damage suffered by the sender.
has suffered termination. However, this compensation shall not amount to more than twice the
freight and the sender is not liable for freight.
5. The carrier is obliged to carry out the loading, stowing and any other work carried out by or on behalf of the sender.
to check overloading if and to the extent that circumstances permit. If he
If he is of the opinion that the loading or stowage is defective, he is obliged, without prejudice to the provisions of Article 4, paragraph 4
certain, to note this on the consignment note. If he is unable or incapable of
To comply with his inspection obligation, he may make a note of this on the consignment note.
6. If home delivery has been agreed, the carrier must deliver the goods to the door
from the address stated on the consignment note or at the door of an address which he may use instead
thereof - in accordance with Article 8 - has been provided in a timely manner by the sender. When the address
not reasonably accessible via a paved road or otherwise, must be delivered on
a place as close as possible to the originally specified address.
Article 10
Carrier's liability
1. The carrier is, except in cases of force majeure, liable for damage to or loss of the goods and
for damages due to delay to the extent that the carrier has failed to comply with the obligations referred to in Article 9, paragraphs 2 and 3
obligations have not been fulfilled.
2. The carrier shall be liable for the actions of its assistants in the same way as for its own
conduct liable.
3. The carrier may not rely on the following to release himself from his liability:
defects of the vehicle or the material he uses, unless the latter is caused by
has been made available to the sender, the addressee or the recipient. Material
does not include a ship or railway wagon on which the vehicle is located.
Article 11
Special risks
Without prejudice to Article 10, the carrier who is liable to pay the costs incumbent upon him under Article 9, paragraphs 2 and 3,
failed to comply with obligations, nevertheless not liable for any damage resulting from this, for
to the extent that this failure to comply is the result of the special risks associated with one or more of the
following circumstances:
(a) the transport of the goods in an uncovered vehicle, when this has been expressly agreed and
is stated on the consignment note;
(b) absence or defectiveness of the packaging of the goods which, given their nature or the manner in which they are packaged,
transport should have been sufficiently packed;
(c) handling, loading, stowage or unloading of the goods by the sender, the consignee or
persons acting on behalf of the sender or the addressee;
(d) the nature of certain things themselves, which are due to causes connected with that nature itself
exposed to total or partial loss or damage, in particular by
ignition, explosion, melting, rupture, corrosion, spoilage, drying out, leakage, normal
loss of quality or occurrence of vermin or rodents;
(e) heat, cold, temperature differences or humidity of the air, but only if not
agreed that the transport will take place with a vehicle specially equipped to transport the goods
to escape its influence;
(f) incompleteness or deficiency of the addressing, numbers, letters or marks of the packages;
(g) the fact that the transport concerns a live animal.
Article 12
Presumption of liability exonerating circumstances
1. Where the carrier proves that, having regard to the circumstances of the case, the failure to comply
has a consequence of the obligations incumbent upon him under Article 9, paragraphs 2 and 3
may be subject to one or more of the special risks referred to in Article 11, it is presumed that the
failure to comply results from this. The person who is entitled to the goods from the carrier may
However, prove that this failure to comply is not wholly or partly caused by any of these risks
causes.
2. The above-mentioned presumption does not exist in the case referred to in Article 11(a),
if an unusually large shortage or an unusually large loss of packages occurs.
3. If, in accordance with the agreement between the parties, the transport takes place by
by means of a vehicle specially designed to protect the goods from the influence of heat,
cold, temperature differences or humidity of the air, the carrier may waive his
liability resulting from this influence can only be invoked under Article 11(d),
if he proves that all measures to which he, taking into account the circumstances,
were required, have been taken with regard to the selection, maintenance and use of this
establishments and that he has complied with the special instructions referred to in the fifth paragraph.
4. The carrier may only rely on Article 11(g) if he proves that all
measures which he was normally obliged to take, taking into account the circumstances,
have been taken and that he has complied with the special instructions referred to in the fifth paragraph.
5. The special instructions referred to in the third and fourth paragraphs of this Article shall be given to the
carrier before the commencement of the carriage, he must have expressly confirmed this
accepted and, if a consignment note has been issued for such carriage, they must be included therein.
The mere mention on the consignment note does not constitute proof in this regard.
Article 13
Compensation
1. The compensation which the carrier may claim for failure to comply with the obligations owed to him under
Article 9 paragraph 2 obligation resting on the amount due is limited to an amount of € 3.40 per
kilograms; for damage other than damage resulting from loss of or damage to the goods,
such as consequential damage, business interruption or immaterial damage, the carrier is liable under the
transport contract not liable.
2. The number of kilograms used to calculate the amount referred to in paragraph 1,
is the weight of the damaged or undelivered item stated on the consignment note.
3. If the carrier is liable because he has not delivered within a reasonable time as
referred to in Article 9 paragraph 3, the delay damages are limited to once the freight; if the term,
referred to in Article 9 paragraph 3, has been agreed in writing, the delay damage is limited to
twice the freight.
4. Expertise costs, salvage costs and other costs incurred to determine the value of the
to determine and report damaged, lost or delayed items.
realize, are considered as a reduction in the value of that item.
5. If the carrier is liable because he has failed to fulfil an obligation incumbent upon him under the
Articles 8:1115 paragraph 2 and 8:1118 paragraph 3 of the Dutch Civil Code or Articles 6 paragraph 1, 19 paragraph 4, 21 or 25 of
If the Client fails to comply with these conditions, he will no longer be liable for any compensation for damages.
amounts other than what he would be liable to pay in the event of total loss of the items concerned.
Article 14
Intent and conscious recklessness
Any act or omission by any person other than the carrier himself, whether done with intent
to cause the damage, either recklessly and with the knowledge that such damage would probably result
does not deprive the carrier of the right to any exclusion or limitation of its
to invoke liability.
Article 15
Notification of damage
1. If the goods are delivered by the carrier with externally visible damage or loss
without the addressee providing written confirmation upon or immediately after acceptance of the goods
reservation, stating the general nature of the damage or loss, to the attention of
the carrier has brought the goods, the carrier is deemed to have delivered the goods in the same condition
delivered as in which he received it.
2. If the damage or loss is not outwardly visible and the addressee does not notify the addressee within one
a week after acceptance of the goods a written reservation stating the general nature of the
the damage or loss has been reported to the carrier, the
carrier is also deemed to have delivered the goods in the same condition as in which he received them
has received.
3. If the goods are not delivered within a reasonable or agreed period without
the addressee within one week after acceptance of the goods a written reservation,
stating that the goods have not been delivered within that period, to the attention of the
the carrier has delivered the goods, the carrier is deemed to have delivered the goods within that period.
delivered.
Article 16
Right to claim
Both the sender and the consignee have the right to demand delivery of goods from the carrier.
to be claimed in accordance with the obligations incumbent on the carrier.
Article 17
Cash on delivery
1. Parties may agree that the goods will be charged with cash on delivery, but that
will not be higher than the invoice value of the goods. In that case the carrier may
only deliver against prior payment of the cash on delivery, unless the sender
the carrier has been authorized to accept another method of payment.
2. If after notification of arrival it appears that the addressee has not received the reimbursement
in accordance with the payment method prescribed by the sender to the carrier,
the carrier must request further instructions from the sender. The costs associated with
The request for instructions shall be at the sender's expense. The carrier must provide the instructions to him
follow given instructions, as far as this is reasonably possible, against payment of
costs and, if necessary, payment of a reasonable fee, unless these costs are his fault
to arise.
If the sender gives instructions that deviate from what was previously given,
If payment instructions are to be delivered by the carrier, they must be submitted in writing to the
be given to the carrier.
In the absence of instructions, the provisions of Article 21 shall apply accordingly.
3. The carrier is obliged, after a shipment has been delivered cash on delivery and the funds have been received by him,
have been paid, the relevant reimbursement fees must be paid without delay, but in any case within two
to hand over to the sender within a few weeks or to transfer the amount to his or her bank or giro account.
4. The two-week period referred to in paragraph 3 commences on the day on which the goods are delivered.
delivered.
5. The addressee, who at the time of delivery knows that an amount has been charged as cash on delivery on the goods
The carrier is obliged to pay the amount owed by the carrier to the sender.
to fulfil.
6. If the goods have been delivered without prior collection of the cash on delivery, the carrier is
obliged to compensate the sender for damages up to a maximum of the amount of the cash on delivery,
unless he proves that there was no fault on his part or on the part of his subordinates. This
obligation shall not affect his right of recourse against the addressee.
7. Any applicable cash on delivery charges will be charged to the sender.
8. All claims against the carrier under a cash on delivery clause shall lapse by the expiry of
one year, calculated from the beginning of the day following the day on which the goods were
delivered or should have been delivered.
Article 18
Carrier's reserves
Under these conditions, the carrier reserves the right:
(a) to transport the goods in or by means of such means of transport as will be convenient for him
prevent and, if necessary, store the goods in such means of transport, storage spaces or
storage areas, as he may deem fit, regardless of whether these are means of transport, storage spaces or
storage areas belonging to the carrier or to third parties;
(b) to freely determine the route to be followed, provided that he also deviates from the usual route. He is
also entitled to visit those places which he requires for the exercise of his business
deems desirable.
Article 19
Obstruction after reception
1. When, after receipt of the goods by the carrier, the carriage cannot reasonably be
cannot be commenced, continued or completed or cannot be commenced, continued or completed within a reasonable time, the carrier is
obliged to inform the sender of this. The carrier and sender then have the
authority to terminate the agreement.
2. Termination shall be effected by written notice to the other party and the agreement
ends at the moment this notice is received.
3. The carrier is not obliged to ensure further transport to the destination
and is authorized to unload and store the goods at a suitable location; the sender is
authorized to take possession of the goods. The matters related to the termination
Subject to paragraph 4, any costs incurred shall be borne by the sender.
4. Except in cases of force majeure, the carrier is obliged to compensate the sender for any damage he has suffered.
suffered as a result of the termination of the agreement.
Article 20
Stack transport; onward transport
1. When part of the transport, whether or not after transshipment of the goods, takes place over the
inland waterways, the carrier's liability for that part is determined by the
Articles 9 and 13 of the General Ferry and Regular Shipping Conditions.
2. When the carrier, after delivery of the goods carried by him, undertakes to
further transport of those goods, he acts in the capacity of forwarder and his
liability in that capacity limited to € 3.40 per kilogram of the damaged or
lost items; no further compensation for any damage whatsoever is due.
Article 21
Storage in case of non-appearance of the addressee
1. If the addressee does not appear after notification of arrival of the goods, if he has
receipt of the goods does not begin if he does not do so regularly and with due haste
continues, if he refuses to accept the goods or to sign for receipt, the goods may
by the carrier at the expense and risk of the sender on the goods to be delivered by the carrier
to be stored in a manner and place to be determined with reasonable care - if necessary also in the
means of transport in which they were transported - or stored; the carrier is obliged to inform the sender of the
to set height.
2. The carrier may, subject to paragraph 1, also proceed with storage or parking if the provision
of security as referred to in Article 23 paragraph 5, is refused, or if a dispute arises regarding the
amount or nature of the security to be provided.
3. Except in the case of seizure, the goods may be returned after one week from the date of the registered
sending a written notice of the intended sale to the consignor, by
be sold publicly or privately by the carrier on behalf of the sender without
that some judicial authorization is required.
4. The sale may take place without observing any term and without prior
notification if the goods are perishable or if storage could be harmful
could cause damage or danger to the environment. If no prior
notification has taken place, the carrier is obliged to notify the seller after the sale.
sender.
5. With regard to livestock, the period referred to in paragraph 3 shall be three days, provided that
that the carrier, without observing any time limit and without prior notice,
Sale may proceed if the condition of the livestock makes this desirable. When
no prior notice has been given, the carrier is obliged after the sale thereof
to notify the sender.
6. The carrier retains the proceeds of the goods sold, after deducting the amount of a
any reimbursement and a commission due to the carrier in connection therewith and of
all that is due to the carrier in respect of the goods sold, both for freight and for
costs of storage or parking as well as other costs and damages, for a period of six months after the
acceptance of the goods for transport at the disposal of the sender, after which period
he will place the amount held available in judicial custody.
Article 22
Storage before, during and after transport
When the sender and carrier agree that the carrier will, prior to or during the
agreed transport or after the transport the goods will be stored,
this storage under applicability of the General Storage Conditions.
The sender and carrier are accordingly considered as depositor and carrier respectively.
custodian.
Article 23
Right of retention
1. The carrier has a right of retention on goods and merchandise against any person who demands delivery thereof.
documents which he has in his possession in connection with the contract of carriage. This right belongs to him
not allowed if at the time he received the goods for transport he had reason to doubt the
the sender's authority to make the goods available for carriage.
2. The right of retention also relates to any amount owed on the goods by way of reimbursement.
as well as the commission due to him in connection with the reimbursement, for which he is not liable
need to accept certainty.
3. The carrier may also exercise the right of retention against the sender for anything that has been delivered to him.
still owed in connection with previous contracts of carriage.
4. To the consignee who, in that capacity, has entered into previous contracts of carriage
the carrier may also exercise the right of retention for anything that still belongs to him
is due in connection with those agreements.
5. If a dispute arises during settlement regarding the amount due or a dispute arises for the purpose of determining the amount due,
If a calculation that cannot be carried out quickly is not necessary, the person who demands delivery is obliged to pay the part
which the parties agree to pay immediately and for the payment of the
part disputed by him or the part, the amount of which has not yet been determined, security
to set.
Article 24
Lien
1. All items, documents and monies which the carrier receives under the contract of carriage
has in his possession, serve as a pledge for all claims which he may have against the sender.
has.
2. Except in cases where the sender is declared bankrupt, he is granted a suspension of payments
payment has been granted or the debt settlement scheme for natural persons has been applied to him
has been declared applicable, the carrier is never entitled to sell the pledged goods
without the permission of the court in accordance with Article 3:248 paragraph 2 of the Dutch Civil Code.
Article 25
Lost causes
If goods have not been delivered within thirty days after the day on which they were put up for transport,
If accepted and their whereabouts are unknown, they are considered lost.
If within one year after the carrier has delivered goods to the person who is entitled to delivery of goods to him,
has paid damages in connection with the non-delivery of these goods, these goods or
If any of these subsequently turn out to be in the hands of the carrier, the carrier is obliged to
sender or the addressee, who has expressed the request to him in writing, of this
to inform the sender or addressee of the circumstance in writing
within thirty days after receipt of this notice, the right to offset the amount paid by him
received compensation to still demand delivery of these items. The same applies if the
carrier has not paid any compensation for non-delivery, provided that
that the one-year period commences on the day following the day on which the goods were
must have been delivered. If the sender or the addressee respectively does not exercise their right
If use is made, the provisions of Article 21 shall apply.
Article 26
Disclaimer; Himalaya Clause
1. The sender who has not fulfilled any obligation imposed upon him by law or these conditions is
obliged to indemnify the carrier against all damage suffered as a result of the failure to comply
may be subject to such obligation if, in connection with the transport of the goods, it is
third party is addressed.
2. When the carrier's assistants are called upon in connection with the carriage of the goods,
addressed, these persons may appeal to any restriction and/or exemption of
liability arising under these conditions or any other legal or
contractual provision the carrier can rely on.
Article 27
Late payment interest
Parties owe statutory interest on any amount owed by them pursuant to Article 6:119
BW.
Article 28
Statute of limitations
1. All claims based on or connected with the contract of carriage
legal actions expire after one year.
2. To the extent that a carrier seeks recourse against a person whose services the carrier has provided,
performance of the contract of carriage has been used for what he has provided to the
The amount owed by the sender or the addressee commences from the moment as determined in Article 8:1720 paragraph
1 BW, a new period of limitation which lasts three months.
Article 29
Arbitrage
Any disputes arising out of or in connection with the contract of carriage may be
subject to arbitration in accordance with the regulations of the Logistics Arbitration Foundation,
established in The Hague.
Explanation
At the initiative of the business organizations EVO, which collaborate in sVa / Stichting Vervoeradres,
Royal Dutch Transport, Dutch Inland Shipping Office and Transport and Logistics Netherlands is
an arbitral tribunal established under the name Stichting Arbitrage voor Logistiek, established in
The Hague, telephone: 070 - 30 66 767, fax: 070 - 35 120 25, e.mail: sal@tmsbv.nl., internet:
www.arbitrage-logistiek.nl
If one wishes to settle disputes arising from agreements to which the General
If the Conditions of Carriage 2002 apply, you can use this arbitration tribunal
include the following arbitration clause in such agreements:
"All disputes arising out of or in connection with the contract of carriage shall be
subject to arbitration in accordance with the Regulations of the Arbitration Foundation for
Logistics, established in The Hague. Insofar as the CMR applies to the present
the contract of carriage applies, the arbitrators will apply the CMR accordingly
apply."paragraph