Terms and Conditions

Introduction

Please find below our Terms and Conditions. They apply when using or purchasing products & services through our Web site transportingwheels.com and provide important information for you as a buyer. Read the Terms & Conditions therefore well prior to ordering as each order will require that you validate them. We recommend that you save these conditions or print them.

Definitions

1 Transporting Wheels BV: established in Vollenhove and registered at the Chamber of Commerce under registration number 60912332 acting under the name Transporting Wheels BV.

2 Website: The website from Transporting Wheels B.V. is available through www.transportingwheels.com and all its subdomains.

3 Customer: the natural or legal person, whether or not acting in a professional or company who enters into an Agreement with Transporting Wheels BV and / or has registered on the Website.

4 Agreement: any agreement or contract between Transporting Wheels BV and the Customer, which agreement the General Conditions form an integral part.

5 Conditions: these General Terms and Conditions.

Applicability Conditions

1 On all offers, agreements and deliveries from Transporting Wheels BV the General Terms and Conditions apply, unless expressly agreed otherwise in writing.

2 If the Customer in his order, confirmation or notification record contains acceptance terms or conditions that differ from or are not contained in the General Conditions, these are for Transporting Wheels BV binding only if and insofar as they are expressly accepted in writing by Transporting Wheels BV .

3 In the event that in addition to these Terms and Conditions specific product or service conditions apply, those conditions also apply, but Customer may in the event of conflicting terms always rely on the applicable provision that is most favorable to him.

Prices and information

1 All on the Website and in any other Transporting Wheels BV derived materials prices are inclusive of VAT and, unless otherwise specified on the Website, other taxes which the government imposed.

2 No separate shipping and handling.

3 The content of the website has been compiled with the greatest care. Transporting Wheels BV cannot guarantee that all information on the website at any time is accurate and complete. All prices and other information on the Website and in other Transporting Wheels BV-derived materials are therefore subject to obvious programming and typing errors.

4 Transporting Wheels BV cannot be held responsible for (color) abnormalities due to monitor quality.

Conclusion of the Agreement

1 The Agreement is concluded at the moment of acceptance by the Customer of the supply of Transporting Wheels BV and compliance with the terms and conditions set by Transporting Wheels BV.

2 If Customer has accepted the offer electronically Transporting Wheels BV immediately confirm electronic receipt of acceptance of the offer. Until receipt of this acceptance has not been confirmed, the Customer has the option to terminate the Agreement.

3 If it appears that the acceptance or otherwise entering into the Agreement by Customer incorrect data has supplied, Transporting Wheels BV has the right to adjust its obligation to pay after the correct data is received.

4 Transporting Wheels BV can within the law can check if the Customer can fulfill its payment obligations, as well as all facts and factors that are important for the responsible conclusion of the Agreement. If Transporting Wheels BV under this investigation was justified to the Agreement not to go, he is entitled to refuse an order or request or to implement special conditions, such as connecting prepayment.

Registration

1 To use the Website, the best for the Customer is to register using the registration / account logon option on the Website.

2 During the registration process, Customer chooses a username and password which he can log on to the Web site after registration. Customer is responsible for choosing a sufficiently reliable password.

3 Customer must have credentials to keep username and password. Strictly confidential Transporting Wheels BV is not liable for the abuse of login data and should always assume that a customer who logs on to the Web site is actually that Customer. All that is done through the account of the Customer, is the responsibility and risk of the Customer.

4 If Customer knows or suspects that his credentials have come into unauthorized hands he must change his password directly and /or notify Transporting Wheels BV directly thereof, to allow Transporting Wheels BV take appropriate action.

Implementation Agreement

1 Once the order is received by Transporting Wheels BV, Transporting Wheels BV send the products in compliance with the provisions as soon as possible in paragraph 3 of this Article increasing.

2 Transporting Wheels BV is entitled to engage in carrying out the obligations arising from the Agreement to third parties.

3 The delivery period is in principle two working days. The method of delivery will take place by uploading the product into Customers account.

4 If Transporting Wheels BV cannot deliver the products within the agreed period shall Customer thereof. Customer can agree in this case with a new delivery date or he gets the opportunity to terminate the Agreement without charge.

5 Transporting Wheels BV encourages Customer to inspect the delivered products and it shows defects promptly, preferably in writing or by e-mail, to report. See further the article regarding warranty and conformity.

Payment

Customer must apply with the payment rules on Transporting Wheels BV according to the payment methods indicated in the ordering process and possibly on the Website. Transporting Wheels BV is free in the choice of offering payment methods and can also change from time to time.

Warranty and conformity

1 This article shall apply only if there is a Customer who is not acting in exercise of his profession or business.

2 Transporting Wheels BV guarantees that the products comply with the Contract, the specifications stated in the offer, the reasonable requirements of reliability and / or usability and on the date of the conclusion of the agreement existing legal provisions and / or government regulations. If specifically agreed Transporting Wheels BV also guarantees that the product is suitable for other than normal use.

3 A guarantee issued by Transporting Wheels BV, manufacturer or importer does not affect the legal rights and claims the Customer has under the Agreement and can be invoked.

4 If the delivered product does not comply with the Agreement, then Customer must within a reasonable time after he has discovered it notify and inform Transporting Wheels BV thereof.

5 If Transporting Wheels BV agree that the complaint is founded, will after consultation with the relevant Client products repaired, replaced or refunded. The maximum reimbursement is subject to the Article on liability equal to the price paid by Customer for the product.

Complaints

If one customer has a complaint about a product (in accordance with Article regarding warranty and conformity) and / or other aspects of the service provided by Transporting Wheels BV, he can contact Transporting Wheels BV e-mail. See the contact information at the bottom of the General Conditions.

2 Transporting Wheels BV provides Customer as soon as possible but in any event within seven days of receipt of the complaint, a response to his complaint. If it is not possible to give a definitive response than substantive or Transporting Wheels BV will confirm within 7 days of receipt of the complaint and give an indication of the period in which they are expected to comment on the complaint from a substantive or final response customer.

Liability

1 This Article shall apply only if Customer a natural or legal person acting in the exercise of his profession or business.

2 The total liability of Transporting Wheels BV to Customer for a breach of the performance of the Agreement is limited to compensation of up to the amount of the price stipulated in the Agreement price (including VAT).

3 Liability of Transporting Wheels BV to Customer for indirect damage, which in any case-but explicitly not only consequential damages, lost profits, lost savings, loss of data and damage due to business interruption.

4 Apart from the cases rests on Wheels Transporting BV to Customer no liability for damages, mentioned in the preceding two paragraphs of this Article regardless of what action would be based. Damages However, the limitations specified in this Article shall expire if and to the extent that damage is the result of intent or gross negligence of Transporting Wheels BV.

5 The liability of Transporting Wheels BV to Customer due to attributable failure in the performance of a contract occurs only if Client Transporting Wheels BV immediately and properly in default claims, stating a reasonable period to remedy the deficiency, and Transporting Wheels BV after that term in the fulfillment of its obligations continues to fail. The notice must contain so Transporting Wheels BV is able to respond adequately. A detailed description of the failure

6 condition for the existence of any right to damages is that the Customer the damage as soon as possible but no later than 30 days after the occurrence thereof in writing to Transporting Wheels BV reports.

7 In the case of force majeure Transporting Wheels BV is not obliged to pay any ensuing damage to Customer.

Retention of title

1 As long as Customer has made ​​the full payment for the entire amount agreed all goods remain the property of Trannsporting Wheels BV.

Personal Information

1 Transporting Wheels BV processes the personal data of Customer in accordance with the published on the Website privacy statement.

Final Provisions

1 The Agreement is governed by Dutch law.

2 To the extent that is otherwise prescribed by mandatory law all disputes that may arise in connection with this Agreement shall be submitted to the competent Dutch court in the district where Transporting Wheels BV is located.

3 If in these Terms and Conditions is found to be invalid provision will not affect the validity of the entire Terms and Conditions. The parties shall determine (a) new provision in that case, replace (s), which as far as legally possible to the intent of the original provision is given.

4 The term "writing" in this agreement also includes communication by e-mail and fax, provided the identity of the sender and the integrity of the e-mail sufficiently established.

Contact

If after reading these General Terms questions, complaints or comments, please feel free to email us.

Transporting Wheels BV

Email: info@transportingwheels.com

CoC 60912332

VAT NL854116758B01

Download the TransportingWheels terms and conditions

DUTCH FORWARDING CONDITIONS

GENERAL CONDITIONS

OF THE

FENEX (Netherlands Association for Forwarding and Logistics)

deposited at the Registry of the District Courts at Amsterdam,

Arnhem, Breda and Rotterdam on 1 July 2004

Applicability

Article 1.

1. These general conditions shall apply to any form of service which the forwarder shall

perform. Within the framework of these general conditions the term forwarder must

not be understood exclusively to mean the forwarder as contemplated in Book 8 of

the Dutch Civil Code. The party ordering the forwarder to carry out operations and

activities shall be considered the forwarder's principal, regardless of the agreed

mode of payment.

2. With respect to the operations and activities, such as those of shipbrokers,

stevedores, carriers, insurance agents, warehousing and superintending firms etc.

which are carried out by the forwarder, the conditions customary in the particular

trade, or conditions stipulated to be applicable, shall also be applicable.

3. The forwarder may at any time declare applicable provisions from the conditions

stipulated by third parties with whom he has made contracts for the purpose of

carrying out the orders given to him.

4. The forwarder may have his orders and/or the work connected therewith carried out

by third parties or the servants of third parties. In so far as such third parties or their

servants bear statutory liability towards the forwarder's principal, it is stipulated on

their behalf that in doing the work for which the forwarder employs them they shall be

regarded as solely in the employ of the forwarders. All the provisions (inter alia)

regarding non-liability and limitation of liability and also regarding indemnification of

the forwarder as described herein shall apply to such persons.

5. Instructions for delivery C.O.D., against banker's draft etc., shall be deemed to be

forwarding work.

Contracts

Article 2.

1. All quotations made by the forwarder shall be without any obligation on his part.

2. All prices quoted and agreed shall be based on the rates, wages, costs incidental to

social security and/or other provisions of law, freight and exchange rates applying at

the time of quotation or contract.© Copyright FENEX, 2004 2-10

All rights reserved. These conditions, or parts thereof, may not be reproduced, copied or published in any form or

by any means without the written permission of FENEX, The Netherlands.

3. Upon any change in any or more of these factors the quoted or agreed prices shall

likewise be altered in accordance therewith and retroactively to the time such change

The forwarder must be able to prove the change(s).

Article 3.

1. If the forwarder charges all-in or fixed rates, as the case may be, these rates shall be

deemed to include all costs that in the normal procedure of handling the order are for

the account of the forwarder.

2. Unless provided otherwise, all-in or fixed rates shall not include at any rate: duties,

taxes and levies, consular and attestation fees, cost of preparing bank guarantees

and insurance premiums.

3. For work of a special nature, unusual job or work requiring a special amount of time

or effort, an additional reasonable amount may at all times be charged.

Article 4.

1. In the event of loading and/or unloading time being inadequate - regardless of the

cause thereof - all costs resulting therefrom, such as demurrage, etc., shall be borne

by the principal, even when the forwarder has accepted the bill of lading and/or

charter party from which the additional costs arise without protestation.

2. Expenses of an exceptional nature and higher wages arising whenever carriers by

virtue of any provision in the shipping documents load or unload goods in the

evening, at night, on Saturdays or on Sundays or public holidays, shall not be

included in the agreed prices, unless specifically stipulated. Any such costs shall

therefore be refunded by the principal to the forwarder.

Article 5.

1. Insurance of any kind shall be arranged only upon specific instructions in writing at

the principal's expense and risk. The risks to be covered shall be clearly stated. A

mere statement of the value is not enough.

2. If the forwarder has taken out any insurance in his own name he shall be bound - if

so requested - only to transfer his claims against the insurer to his principal.

3. The forwarder shall not be responsible as regards the choice of the insurer and the

latter's solvency.

4. When the forwarder uses derricks and any other such equipment for carrying out his

orders he shall be entitled to take out insurance at his principal's expense to cover

the forwarder's risk arising through the use of such equipment.

Article 6.

1. Unless agreed otherwise in writing, the supplying to the forwarder of data required

for customs formalities shall imply an order to perform such formalities.© Copyright FENEX, 2004 3-10

All rights reserved. These conditions, or parts thereof, may not be reproduced, copied or published in any form or

by any means without the written permission of FENEX, The Netherlands.

Performance of the contract

Article 7.

1. If the principal has not given any specific instructions with his order, the mode and

route of transport shall be at the forwarder's option and the forwarder may at all

times accept the documents customarily used by the firms with which he contracts

for the purpose of carrying out his orders.

Article 8.

1. The principal shall ensure that the goods are tendered at the agreed place and time.

2. The principal shall ensure that the documents required for receipt and for despatch,

as well as the instructions, are in the forwarder's possession in proper time.

3. The forwarder shall not be obliged but shall be entitled to investigate whether the

specifications stated to him are correct and complete.

4. In the absence of documents, the forwarder shall not be obliged to receive against a

guarantee. Should the forwarder furnish a guarantee, he shall be saved harmless by

his principal from and against all the consequences thereof.

Article 9.

1. All operations such as inspecting, sampling, taring, tallying, weighing, measuring

etc., and receiving goods subject to appraisal by a court-appointed expert shall take

place only on the principal's specific instructions and upon reimbursement of the

costs thereof.

2. Nevertheless, the forwarder shall be entitled, but not obliged, on his own authority

and at his principal's expense and risk to take all such action as he deems

necessary in the principal's interest.

3. The forwarder shall not act as an expert. He shall in no way be liable for any

notification of the state, nature or quality of the goods; nor shall he be under any

obligation to ensure that the shipped goods correspond with the samples.

Article 10.

1. The addition of the word "approximately" shall allow the principal the freedom to

supply 2.5% more or less.

Liability

Article 11.

1. All operations and activities shall be at the principal's expense and risk.

2. Without prejudice to the provisions of Article 16, the forwarder shall not be liable for

any damage whatsoever, unless the principal shall prove that the damage has been

caused by fault or negligence on the part of the forwarder or the latter's servants.© Copyright FENEX, 2004 4-10

All rights reserved. These conditions, or parts thereof, may not be reproduced, copied or published in any form or

by any means without the written permission of FENEX, The Netherlands.

3. The forwarder's liability shall in all cases be limited to 10,000 SDR per occurrence or

series of occurrences with one and the same cause of damage, on the

understanding that in the event of damaging, loss of value or loss of the goods

comprised in the order, the liability shall be limited to 4 SDR per kilogram damaged

or lost gross weight, the maximum being 4,000 SDR per consignment.

4. The loss to be indemnified by the forwarder shall never exceed the invoice value of

the goods, to be proved by the principal, in default whereof the market value - to be

proved by the principal - at the time when the damage has occurred shall apply. The

forwarder shall not be liable for lost profit, consequential loss, and pain and

5. If during the execution of the order damage occurs for which the forwarder is not

liable, the forwarder shall make efforts to recover the principal's damage from the

party that is liable for the damage.

The forwarder shall be entitled to charge to the principal the costs incidental thereto.

If so requested, the forwarder shall waive in his principal's favour his claims against

third parties engaged by him for the purpose of carrying out the order.

6. The principal shall be liable towards the forwarder for any damage as a

consequence of the (nature of the) goods and the packaging thereof, the

incorrectness, inaccuracy or incompleteness of instructions and data, the failure to

tender the goods or not doing so in time at the agreed place and time, as well as the

failure to supply -- or to do so in time -- documents and/or instructions, and fault or

negligence in general on the part of the principal and the latter's servants and third

parties called in or engaged by him.

7. The principal shall indemnify the forwarder against third-party claims connected with

the damage referred to in the foregoing paragraph, such third parties including

servants of both the forwarder and the principal.

8. Even where all-in or fixed rates, as the case may be, have been agreed, the

forwarder, who is not a carrier, shall be liable under the present conditions and not

as a carrier.

Article 12.

1. To be regarded as force majeure are all circumstances which the forwarder could

not reasonably avoid and the consequences of which the forwarder could not

reasonably prevent.

Article 13.

1. In the event of force majeure, the contract shall remain in force; the forwarder's

obligations shall, however, be suspended for the duration of the event of force

2. All additional costs caused by force majeure, such as carriage and storage charges,

warehouse or yard rentals, demurrage for vessels or trucks, insurance, removal, etc.,

shall be borne by the principal and shall be paid to the forwarder at the forwarder’s

initial request.© Copyright FENEX, 2004 5-10

All rights reserved. These conditions, or parts thereof, may not be reproduced, copied or published in any form or

by any means without the written permission of FENEX, The Netherlands.

Article 14.

1. The mere statement by the principal of a time for delivery shall not be binding upon

the forwarder.

2. The forwarder does not guarantee arrival times, unless agreed otherwise in writing.

Article 15.

1. If the carriers refuse to sign for number or weight of pieces or items etc., the

forwarder shall not be liable for the consequences thereof.

Imperative law

Article 16.

1. If the goods are not delivered without delay at the place of destination in the state in

which they were tendered, the forwarder, in so far as he has carried out a contract of

transport himself which he was to conclude with a third party, is obliged to notify this

forthwith to the principal who has notified him of the damage.

2. If the forwarder fails to make notification as referred to in the first paragraph and if as

a result thereof he has not been called upon as a carrier in time, he shall, in addition

to being liable for payment of the further damage sustained by the principal as a

result thereof, be liable to pay compensation equal to the damages he would have

had to pay, if he had been called upon as a carrier in time.

3. If the goods are not delivered without delay at the place of destination in the state in

which they were tendered, the forwarder, in so far as he has not carried out a

contract of transport himself which he was to conclude with a third party, is obliged to

inform the principal forthwith which contracts of transport he has entered into to fulfil

his obligation. He is also obliged to put at the disposal of the principal all documents

in his possession or which he can reasonably supply, at any rate in so far as they

may be used to claim damages sustained.

4. As from the point of time at which he informs the forwarder unequivocally that he

wishes to exercise such rights and powers, the principal shall obtain as against the

party with whom the forwarder has conducted business the rights and powers to

which he would have been entitled if as a shipper he had concluded the contract

himself. He shall be free to take legal action in this matter if he submits a statement

to be issued by the forwarder - or in case the forwarder has gone into compulsory

liquidation, by the forwarder's liquidator - that between him and the forwarder with

respect to the goods a contract for the carriage thereof was concluded.

5. If the forwarder fails to comply with an obligation as referred to in the third

paragraph, he shall, in addition to being liable for payment of the further damage

sustained by the principal as a result thereof, be liable to pay compensation equal to

the damages which the principal would have received from him if he himself had

carried out the contract concluded by him, less the damages which the principal may

have received from the carrier.© Copyright FENEX, 2004 6-10

All rights reserved. These conditions, or parts thereof, may not be reproduced, copied or published in any form or

by any means without the written permission of FENEX, The Netherlands.

Payment

Article 17.

1. The principal shall pay to the forwarder the agreed remuneration and other resulting

costs, freights, duties, etc., ensuing from the contract and/or these conditions, upon

arrival or despatch of goods which are being received or forwarded respectively. The

risk of exchange rate fluctuations shall be borne by the principal.

The agreed remuneration and other resulting costs, freights, rights, etc., ensuing

from the contract and/or these conditions, shall also be due if in the performance of

the contract damage has occurred.

2. If, in contravention of paragraph 1 of this article, the forwarder allows deferred

payment, the forwarder shall be entitled to make an additional credit limit charge.

3. If the principal does not pay the amount due immediately upon notice to that effect

or, as the case may be, after lapse of the term of deferred payment, the forwarder

shall be entitled to charge the legal interest in conformity with Articles 6:119 or

6:119a Dutch Civil Code.

4. In the event of cancellation or dissolution of the contract, all claims of the forwarder,

with the inclusion of future claims, shall become due and payable forthwith and in

full. All claims shall be due and payable forthwith and in full in any case, if:

- the principal is involuntarily wound up, the principal applies for suspension of

payment or otherwise loses the unrestricted disposition over his assets;

- the principal offers a settlement to his creditors, is in default of fulfilling any

financial obligation owed to the forwarder, ceases to trade or - where the

principal is a legal entity or a corporate body - if the legal entity or the corporate

body is dissolved.

5. The principal shall be reason of the forwarding contract and upon demand by the

forwarder provide security in the form of a bond with sureties for any amount for

which the principal is or may be indebted to the forwarder. The principal is also so

obliged where he already has to provide or has provided security in the form of a

bond with sureties in connection with the amount owed.

6. The forwarder shall not be obliged out of his own means to provide security in the

form of a bond with sureties for the payment of freight, duties, levies, taxes and/or

other costs should the same be demanded. All the consequences of non-compliance

or of failure to comply forthwith with a demand to provide security in the form of a

bond with sureties shall be borne by the principal.

If the forwarder has provided security in the form of a bond with sureties out of his

own means, he may demand that the principal pay the amount for which security has

been provided security in the form of a bond with sureties.

7. The principal shall at all times be obliged to indemnify the forwarder for any amounts

to be levied or additionally demanded by any authority in connection with the order,

as well as any related fines imposed upon the forwarder.

The principal shall also reimburse the said amounts to the forwarder if a third party

called in by the forwarder demands payment within the framework of the forwarding

contract.© Copyright FENEX, 2004 7-10

All rights reserved. These conditions, or parts thereof, may not be reproduced, copied or published in any form or

by any means without the written permission of FENEX, The Netherlands.

8. The principal shall at all times indemnify the forwarder for any amounts as well as for

all additional costs that may be claimed or additionally claimed from the forwarder in

connection with the order as a result of incorrectly charged freight rates and costs.

9. The principal shall not be entitled to apply any set-off in respect of sums charged by

the forwarder to the principal under any contract existing between them.

Article 18.

1. Cash payments shall be deemed in the first place to have been made on account of

non-preferential debts, regardless of whether any other instructions were given at the

time of payment.

2. If legal proceedings or other means are resorted to in the event of overdue payment,

the amount of the indebtedness shall be increased by 10% for clerical expenses,

while the legal and other costs shall be borne by the principal up to the amount paid

by or due from the forwarder.

Article 19.

1. With respect to all claims he has or may at any time have against the principal and/or

the owner, the forwarder shall have a pledge and a lien on all goods, documents and

moneys which he holds or will hold in his possession whatever the reason and the

purpose thereof may be, as against any party requiring their delivery. If the goods

are forwarded on, the forwarder shall be entitled to collect the sum due on

subsequent delivery or draw a bill therefor with the shipping documents annexed.

2. The forwarder may also exercise the rights granted to him in paragraph 1 for that

which the principal was owing to him with respect to previous orders.

3. The forwarder is also authorized to exercise the rights granted to him by virtue of

paragraph 1 for any amount(s) payable by way of delivery C.O.D. in respect of the

4. Failing payment of the amount due the security shall be sold as provided by statute

or - if so agreed - by private sale.

Final provisions

Article 20.

1. No legal or arbitration proceedings shall be taken against third parties by the

forwarder unless he states his readiness to take the same at the principal's request

and expense.

Article 21.

1. Without prejudice to the provisions of paragraph 5 of this Article, all claims shall be

barred by the mere lapse of a period of nine months.© Copyright FENEX, 2004 8-10

All rights reserved. These conditions, or parts thereof, may not be reproduced, copied or published in any form or

by any means without the written permission of FENEX, The Netherlands.

2. All claims against the forwarder shall be barred by the mere lapse of a period of

eighteen months.

3. The terms mentioned in paragraphs 1 and 2 shall commence on the day following

the day on which the claim has become due and payable or the day following the day

on which the prejudiced party had knowledge of the loss. Without prejudice to the

preceding provisions, the said terms shall commence on the day following the day of

delivery with respect to claims regarding damage to, decrease in value or loss of the

goods. The day of delivery shall be understood to be the day on which the goods are

delivered from the means of transport or, if they have not been delivered, the day on

which they should have been delivered.

4. In case any public authority or third parties as referred to in paragraph 7 of Article 17

claim payment from the forwarder, the term mentioned in paragraph 1 of this Article

shall commence on the first of the following days:

  • the day following the day on which payment is claimed from the forwarder by any

public authority or third party;

  • the day following the day on which the forwarder has settled the claim existing

against him.

If the forwarder or a third party called in by the forwarder as referred to in Article 17,

par. 7 has submitted an administrative objection and/or lodged an administrative

appeal, the period specified in paragraph 1 shall commence on the day following the

day on which the decision on the administrative objection and/or the administrative

appeal has become final.

5. If after the term of prescription a third party claims payment of the amount due and

payable by either parties, a new term of prescription - of three months - commences,

unless the situation referred to in paragraph 4 of this Article occurs.

Article 22.

1. All contracts to which the present conditions apply shall be governed by Dutch law.

2. The place for settlement and adjustment of damage shall be that where the

forwarder's business is situated.

Disputes

Article 23.

1. All disputes which may arise between the forwarder and the other party shall be

decided by three arbitrators to the exclusion of the ordinary courts of law, and their

decision shall be final. A dispute shall exist whenever any of the parties declares this

to be so.

Without prejudice to the provisions of the preceding paragraph the forwarder shall be

at liberty to bring before the competent Dutch court in the forwarder’s place of

business claims for sums of money due [and] payable, the indebtedness of which

has not been disputed in writing by the opposing party within four weeks after the

invoice date. In the event of urgent claims, the forwarder shall equally be at liberty to

institute interim relief proceedings (kort geding) before the competent Dutch court in

the forwarder’s place of business. © Copyright FENEX, 2004 9-10

All rights reserved. These conditions, or parts thereof, may not be reproduced, copied or published in any form or

by any means without the written permission of FENEX, The Netherlands.

2. One arbitrator shall be appointed by the Chairman or the Vice-Chairman of the

FENEX; the second shall be appointed by the Dean of the Bar Association of the

district in which the aforesaid forwarder has registered office; the third shall be

appointed by mutual agreement between the two arbitrators so appointed.

3. The Chairman of the FENEX shall appoint as such an expert on forwarding

questions; the Dean of the Bar Association shall be asked to appoint a member of

the legal profession; the third arbitrator shall preferably be an expert on the trade and

industry in which the forwarder's opposite party is engaged.

4. The party desirous of having the dispute determined shall inform the Secretariat of

the FENEX hereof by registered letter or fax letter, giving a brief description of the

dispute and of his claim and at the same time remitting the amount of administrative

costs to be determined by the Board of the FENEX, due as a compensation for the

administrative work of the FENEX in an arbitration case.

A case shall be considered to be pending on the day of receipt of the said registered

letter or fax letter by the Secretariat of the FENEX.

5. After receipt of the above-mentioned application for arbitration the Secretariat of the

FENEX shall as soon as possible acknowledge receipt thereof and send a copy of

the application to the other party, to the Chairman of the FENEX, to the Dean of the

Bar Association, with a request to each of the latter two to appoint an arbitrator and

to notify the FENEX Secretariat of the name and address of the person appointed.

Upon receipt of such notification the FENEX Secretariat shall as soon as possible

notify the persons concerned of their appointment, send each of them a copy of the

application for arbitration and a copy of these general conditions and request each of

them to appoint a third arbitrator and notify the FENEX Secretariat of the person so

Upon receipt hereof the FENEX Secretariat shall forthwith notify the third arbitrator of

his appointment, at the same time sending him a copy of the application for

arbitration and a copy of these general conditions. The FENEX Secretariat shall also

notify both parties as to who have been appointed arbitrators.

6. If all three arbitrators have not been appointed within two months of the application

for arbitration having being lodged all of them shall be appointed by the President of

the District Court within whose jurisdiction the forwarder's business is situated upon

the application of whichever party shall first make the same.

7. The person appointed by the Dean shall act as Chairman of the arbitration board. If

the arbitrators are appointed by the President of the District Court, the arbitrators

shall themselves decide who is to function as chairman. The place of arbitration shall

be the place where the chairman of the arbitrators is established.

The arbitrators shall make their award as good men in equity, subject to their liability

to observe the applicable imperative legal stipulations. Where applicable, they shall

also apply the provisions of the international transport treaties, among which, inter

alia, the Convention on the Contract for the International Carriage of Goods by Road

(CMR).

The arbitrators shall determine the procedure of the arbitration, subject to the parties

being given opportunity to put forward their cases in writing and to elucidate the

same orally.© Copyright FENEX, 2004 10-10

All rights reserved. These conditions, or parts thereof, may not be reproduced, copied or published in any form or

by any means without the written permission of FENEX, The Netherlands.

8. The arbitrators shall continue in office until the final award. They shall deposit their

award at the Registry of the District Court within the district of which the seat of the

arbitration is situated, while a copy thereof shall be sent to each of the parties and to

the FENEX Secretariat.

The arbitrators may require the Plaintiff or both parties to deposit a sum beforehand

in respect of the arbitration costs; during the proceedings they may require an

additional amount to be deposited. If, within three weeks of the relevant request, the

deposit required by the arbitrators of the plaintiff has not been paid in, it shall be

deemed to have withdrawn the arbitration. In their award the arbitrators shall order

which of the two parties shall bear the costs of arbitration or what proportion thereof

each party shall bear. These costs shall comprise the arbitrators' fees and

disbursements, the amount of administrative costs paid to the FENEX with the

application and the costs incurred by the parties in so far as the arbitrators deem the

same to be reasonably necessary.

The sums due to the arbitrators shall to the extent possible be taken from the

amounts deposited.

Article 24.

1. These general conditions may be cited as the "Dutch Forwarding Conditions".

In case the English translation differs from the Dutch text, the latter will prevail.

FENEX, Netherlands Association for Forwarding and Logistics

PortCity II, Waalhaven Z.z. 19 3rd Floor, Portnumber 2235, 3089 JH Rotterdam

P.O. Box 54200, 3008 JE Rotterdam


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