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General terms and conditions
DACHSER Netherlands B.V. Zevenaar/Waddinxveen
General terms and conditions
All activities, depending on their nature, are
governed by:
International: The provisions of the CMR
Convention and, supplementing them, the
General Conditions of Carriage 2002, latest
version, filed at the registry of the district courts
in Amsterdam and Rotterdam.
National: the General Conditions of Carriage
2002, latest version, filed at the registry of the
district courts in Amsterdam and Rotterdam.
Forwarding
activities:
The
Netherlands
Forwarding Conditions, latest version, filed by
FENEX at the registry of the district courts in
Amsterdam, Arnhem, Breda and Rotterdam.
We will send you a copy of the above terms and
conditions on request.
By placing an order the client is accepting the
quotation and the general terms and conditions.
All legal relationships of Dachser Netherlands
B.V. are governed by Dutch law. Disputes will be
submitted exclusively to a district court in the
Netherlands.
Electronic exchange:
If data, including that relating to the waybill, is
exchanged electronically, the parties shall not
dispute the admissibility of electronic messages
as evidentiary material in the event of disputes
between themselves. Electronic messages have
the same evidential value as documents, unless
these messages have not been connected,
stored and registered in the format and at the
level of protection agreed between the parties,
nor in the agreed manner.
The contents of the electronic message will be
processed by Dachser Netherlands B.V. without
any changes (unless otherwise agreed in
writing). The assumption made in this regard is
that the contents of the message match the way
in which the client wishes to place the order.
Dachser Netherlands B.V. is not liable for any
losses resulting from the use of (or the inability
to use) its website, including losses due to
viruses or any incorrectness or incompleteness
of information, unless the loss is due to
intentional incorrect maintenance or negligence
on the part of Dachser Netherlands B.V. Nor is
Dachser Netherlands B.V. liable for losses
through the use of electronic means of
communication, including losses resulting from
errors
or
delay
in
sending
electronic
communications, interception or manipulation of
electronic communications by third parties or
from using computer programs for electronic
communications or the transmission of viruses.
Other conditions
All our prices are based on current rates of
exchange, rates and terms and conditions of
employment
(barring
unforeseen
circumstances). All our quotations are exclusive
of VAT.
Terms of delivery: Reference to abbreviations
for additional terms shall be in line with the
Incoterms 2010 classification. The client is liable
for all costs at any time should the sender or
recipient default.
Payment term: Unless otherwise agreed and
confirmed in writing, payment must be made net
in cash, without reduction, within 14 days of
invoice date; after these 14 days 1.5% of the
invoice amount shall be payable per month to
cover administration, postage and interest
charges. Collection proceedings will begin if no
payment has been received within eight weeks
of invoice date. All costs, judicial and
extrajudicial, shall be payable by the debtor; a
minimum of 15% of the invoice value, and at
least € 70,00 is payable to cover extrajudicial
collection costs, plus administration, postage
and interest charges.
All payments shall first be used to settle interest
charges and ordinary debts, in that order.
Invoicing: This will be on an E-invoicing basis.
If you would prefer an invoice to be sent by
post, we will charge you € 3,50 per invoice for
this.
Second delivery charges: If a shipment
cannot be delivered, for reasons that cannot be
attributed to Dachser Netherlands B.V. (e.g.
wrong address, rejection of the shipment by the
recipient), charges will be made for a second
delivery. A complaint about our invoice must be
submitted to the Dachser Netherlands B.V.
invoicing department in writing within seven
working
days
of
invoice
date.
Further
information can be found on the invoice.
Handling claims: Damage to a shipment due to
transport must be reported to the Dachser
Netherlands B.V. insurance department in
writing within seven working days. To guarantee
the swift handling of the claim, the claim must
contain the following details:
* damage invoice to Dachser Netherlands B.V.
* copy of commercial invoice
* the weight of the packages damaged/lost
* reason for the claim
In the event of major claims (exceeding the sum
of € 3,000) there may be a need to appoint an
expert on behalf of the insurers. A claim amount
due may not be set off against the outstanding
freight invoices of Dachser Netherlands B.V. The
rates offered are exclusive of transport
insurance. Goods transport insurance can be
concluded following written instructions before
the start of the transport at a premium to be
agreed.
Valuable
shipment
notification
requirement:
The client guarantees that the value of the
shipment to be carried does not exceed
€ 50,000. Dachser Netherlands B.V. will accept t
he order subject expressly to this condition. If
the value of the shipment to be carried is
€ 50,000 or more, Dachser Netherlands B.V.
be notified of the value in writing before the
start of the transport.
Transit times: For our current transit times,
see www.dachser.nl/elogistics/productpilot. The
transit time for shipments sent outside the EU
may differ because of outward and/or inward
customs clearance formalities.
During holiday periods the transit time of
shipments may differ from the regular transit
time.
Tolls: Are included in the rates where
applicable, unless otherwise stated in the
schedule of rates. If the applicable tolls are
changed or introduced in the course of the year,
the new toll charges will be passed on.
Trade show shipments: Restrictions apply to
delivery to a trade show. Contact the sales
department or your account manager for
information on the options and charges.
Cash on delivery charges: Cash on delivery is
only
possible
following
a
clear
written
instruction.
A cash on delivery fee will be
charged for the collection of the cash on delivery
amount. The cash on delivery fee will be 1% of
the goods value with a minimum of €25 and a
maximum of € 50,00 per shipment. The
maximum cash on delivery amount (cash) is
€ 5,000,00 with the exception of France, where
the maximum amount is € 750,00, Spain a
maximum of € 2.499,00
and Belgium
€ 3.000,00. No cash can be collected in Finland,
Great Britain, Italy, Ireland, Monaco, Norway
and Sweden. In Ireland, Great Britain and
Sweden cash on delivery shipments will be
delivered if the cheque has arrived at the
delivery office. Cash on delivery is not possible
in Estonia, Latvia, Lithuania, Greece, Turkey,
Albania, Bulgaria, Bosnia Herzegovina, Croatia,
Kosovo, Moldova, Macedonia, Romania, Slovenia
and Serbia.
Notifying/registering shipments: A charge of
€ 7,50 will be made for notifying the recipient of
shipments.
Self-pickup: if the recipient collects the goods
from the Dachser delivery office, we apply a
surcharge of € 7,50 per shipment.
EURO pallets/lattice boxes: EURO pallets and
lattice boxes can be exchanged in Belgium,
Denmark, Germany, France, the Netherlands,
Liechtenstein, Luxembourg, Monaco, Austria and
Switzerland. Responsibility for the quality of the
EURO pallets and lattice boxes supplied lies
entirely with the client. A depreciation
percentage is charged on the EURO pallets and
lattice boxes.
The depreciation percentage is 10%, which is
deducted from the client’s balance. Balance
statements are sent in the form of a packing
aids statement. Dachser Netherlands B.V. will
provide the other party with a packing aids
statement from time to time. The balance shown
on the packing aids statement is binding
between the parties, subject to proof to the
contrary. If the other party disputes the balance
on the packing aids statement, the other party’s
complaint against Dachser Netherlands B.V. is
only admissible if it has made a complaint by
submitting a fully completed “Dachser complaint
form” within a week of provision of the packing
aids statement concerned. The point at which
Dachser Netherlands B.V. has received the
complaint form is crucial in this regard. The
other party then has a week to deliver evidence
to the contrary to Dachser Netherlands B.V. If
the other party has not sent evidence to the
contrary to Dachser Netherlands B.V. within a
week of Dachser Netherlands B.V. receiving the
fully completed “Dachser complaint form”, the
balance on the packing aids statement counts as
binding and the complaint form will not be
considered by Dachser Netherlands B.V. A
dispute or claim submitted in any other way will
not be considered.
Hazardous goods: Dangerous goods may only
be presented if they may be carried in
accordance with the European Agreement
concerning the
International
Carriage
of
Dangerous Goods by Road (ADR). The shipper is
responsible for the correct labelling, approved
packaging and the transport document. Dachser
Netherlands B.V. must also be notified of the UN
number and the chemical name of the
hazardous substance concerned. An ADR
supplement may be payable for the carriage of
hazardous substances. The charges may vary by
shipment and by receiving country. A prohibition
on carriage for a number of ADR classes applies
within Dachser Netherlands B.V. Please contact
the Dachser office concerned for further
information. The transit times for ADR goods are
available on application and may differ from our
regular transit times.
Volume calculation: For kg rates the paying
weight of the shipment is decisive for the freight
rate. The paying weight is the highest weight of
the actual gross weight or the volume weight of
the shipment. The volume calculation can vary
from country to country. The applicable volume
calculation is shown in the schedule of rates.
Maximum dimensions:
Groupage (up to 2,500 kg):
240 cm x 180 cm x 220 cm per package, except
for UK and Serbia: 240 cm x 180 cm x 200 cm
per package. Max. 1,500 kg per package. A
maximum of 1,000 kg per package applies for
delivery by a vehicle fitted with a tailboard.
targospeed and targofix 10/12/plus 240 cm
x 140 cm x 160 cm per package, max. 1,500 kg
per shipment.
Freight length greater than 240 cm on
application. Different departure days and transit
times may apply.
The maximum weight of a package is 25 kg.
Shipments exceeding five packages must be
palletised.
Tailboard deliveries: Shipments up to 2.500
kg can be delivered by a vehicle fitted with a
tailboard at no additional charge. Dachser
Netherlands B.V. must be notified accordingly in
writing during placement of the order. A
supplement is payable for shipments greater
than 2.500 kg that have to be delivered by a
vehicle fitted with a tailboard. This supplement
depends on the size of the shipment and the
receiving country. The departure days and
transit times for such shipments may differ from
our regular transit times.
Unloading addresses: Delivery to private
individuals is possible by mutual agreement. For
shipments greater than 2,500 kg the recipient
must be accessible with an international goods
vehicle.
Delivery times: Shipments are delivered on
working days between 08.00 and 18.00. A
General terms and conditions
DACHSER Netherlands B.V. Zevenaar/Waddinxveen
supplement may be payable in the case of
deliveries with a specific time window.
Packing and marking: The goods presented
must be properly packed and show sender and
recipient’s full address. Each package will be
provided with a Dachser SSCC barcode label.
Barcode labels are provided by Dachser
Netherlands B.V. free of charge on request. The
client is liable for any damage due to defective
packing. Packing lists must be packed on the
package. Shipments sent through our regular
service are not delivered with the original CMR.
Notification of shipments/cancellation of
orders previously placed:
Groupage shipments: one day before collection,
not later than 17.00
LTL shipments: one day before collection, not
later than 12.00
FTL shipments: two days before collection, not
later than 17.00
Dead freight/cancellation: if an order is
cancelled on the day of loading, we reserve the
right to charge 70% of the agreed freight rate.
one day before loading
50%
two days before loading
25%
more than two days before loading
0%
Shipments can be notified by email:
[email protected] or
[email protected].
The applicable Dachser office can be found in
the schedule of rates. There is also the option of
notifying shipments online. Further information
is available from the sales department or your
account manager.
Loading and unloading times:
Groupage shipments (up to 2.500 kg): max. ½
hour
LTL shipments: max. one hour
FTL shipments: max. two hours
If the above loading/unloading times are
exceeded, we reserve the right to charge
€ 40,00 per hour (or part thereof) for waiting
time.
Tracking and Tracing:
Shipments can be tracked and traced on the
internet free of charge using the SSCC barcode
label:
www.dachser.nl/e-logistics/shipment
pointer. The entire shipping process can be
tracked at www.dachser.nl/e-logistics/shipment
control. A login code and password are required.
Please contact our sales department or your
account manager for further information about
the options and the charges.
Diesel clause: Our rates are based on a basic
diesel price of € 0.9158 per litre (source: Shell,
prices exclusive of VAT). A supplement of 1% is
payable for every five cent rise in the basic
diesel price. This is assessed at the beginning of
every month on the average price of diesel in
the previous month.
For the coming month this is then charged as a
supplement on the rates. The changes in the
price
of
diesel
can
be
tracked
at
www.oliecentrale.nl. If applicable, a different
diesel clause will appear in the schedule of rates.
Export
documentation/Inward
customs
clearance: Our prices are exclusive of the
preparation of export documents and/or inward
customs clearance charges. Our standard charge
for preparing export documents is € 35,00. Our
standard charge for inward customs clearance is
€ 35,00 maximum five tariff items. We will
charge you €7,50 for every additional tariff item.
The charge for preparing an FCR document is
€ 28,50. The charge for preparing an ATR
document is € 25,25. Any different agreements
about the export documentation and inward
customs clearance charges will appear in the
schedule of rates.
If Dachser Netherlands B.V. takes care of the
export documentation for you, you must
authorise Dachser Netherlands B.V. to do so.
Dachser Netherlands asks you to do this once by
means of a “direct export representation
authorisation”. Dachser Netherlands B.V. works
with the customs forwarders Gaston Schul in
Duiven (Zevenaar office) and Phimex in
Waddinxveen (Waddinxveen office). Dachser
Netherlands B.V. will send you a standard
authorisation on request. This must be signed by
the person with authority to sign. You must then
send the authorisation and a recent Chamber of
Commerce extract to the Dachser office
responsible for you.
PODs: Proofs of delivery are available through
our Shipment Control internet application (login
code and password required) and through our
back office. We do not automatically append
proof of delivery to the invoice.
Restrictions: We do not carry the following
goods: jewellery, precious stones, paper money,
coins, precious metals, securities, documents or
certificates, art objects, paintings, sculptures,
unpacked furniture, personal effects, living
animals and plants, weapons and ammunition
and goods prohibited by law.
Dachser Netherlands B.V.’s obligations are
subject to continuing respect for and compliance
with the national and international legal
regulations or official requirements relating to
the security and the traceability of trade and/or
the transport chain (especially with regard to
European and American embargo sanctions).
The client expressly confirms that it is aware of
and complies in full with all the statutory
obligations relevant to its business - in particular
the
foreign
trade
and
customs-related
regulations, especially with regard to valid
personal, country or goods embargoes - without
limitation or reservation. In this respect Dachser
Netherlands B.V. can assume that all shipments
presented to it have undergone a suitable check
by the client.
Dachser Netherlands B.V. has the right to
amend these General Terms and Conditions. Any
change in the General Terms and Conditions will
take effect on the date of entry into force
announced and failing that at the time that the
change has been communicated or become
known to the client.
In the event of differences of interpretation of
the General Terms and Conditions, the Dutch
text shall serve as the starting point.
Our general terms and conditions and the
AVC, CMR and FENEX terms and conditions,
Incoterms 2010 and the Dachser complaint form
are also available on and can be downloaded
from our website:
http://www.dachser.com/nl/nl/General-TermsConditions_315.htm
Version 1/2015