General terms and conditions
De Zwaluw B.V. applies the following general terms, conditions and provisions for its services within the partnership.
Rates and payment terms:
Rate base
Rates are based on clients’ own, specific Benelux shipping patterns and the corresponding financial turnover. These shipping patterns are evaluated annually and the calculated rates are adjusted if necessary.
Francing Franco
All freight costs are charged to the client. Other franking forms such as non-franco (ex-factory) and free-at-frontier, where the client pays partially or not at all, are not possible.
Period of validity of quotation
Our rates are valid until further notice, but never longer than one calendar year from the effective date. The amounts are in euros (unless expressly stated otherwise) and apply to freight payment in the Netherlands. Rates do not include:
- VAT;
- diesel fuel surcharge;
- duties and/or taxes due to governments;
- return of packaging (pallets, gitterboxes, etc.);
- administration costs (if applicable).
Fuel surcharge
Continuous, sharp price fluctuations force De Zwaluw B.V. to levy a diesel surcharge on freight costs. As a rule, this surcharge depends on the current pump quotation as listed on the websites of leading oil companies. The index base is €0.682 excluding VAT. This price applied on 1-1-2004. If the diesel price changes in relation to the index, the surcharge goes up or down by 1% for every 3 cents increase or decrease.
N.B. The index base and diesel surcharge may vary from one partner to another. Please check with the relevant partner for the most up-to-date prices.
Annual tariff adjustment
Tariffs are adjusted annually in line with the estimated cost developments, as published by the NEA in October each year for the fine-meshed distribution submarket. If actual cost developments deviate significantly from the estimates, De Zwaluw B.V. has the right to adjust rates on an interim basis.
Invoicing and payment
Clients receive an itemised invoice on a weekly or monthly basis. For invoice amounts lower than € 45,= per month, we charge a € 10, administration fee. Payment is possible by direct debit or bank transfer within 14 days.
The Algemene Betalingsvoorwaarden, drawn up by Transport en Logistiek Nederland for the Dutch transport industry, are fully applicable. These conditions were filed at the Office of the District Court in The Hague on 2 July 2002, deed number 69/2002.
Click here for the General terms of payment
Responsibility
The shipper is obliged to provide the legally required information to the carrier in a timely manner. The shipper is jointly responsible for any overloading. Therefore, the shipper must reimburse the penalty imposed on the carrier for overloading, unless the carrier has failed to fulfil its duty of control and care.
Terms and conditions
For transport within the Netherlands, the General Transport Conditions (AVC) 2002, latest version, apply. For cross-border transport, these are the CMR provisions. All agreements are governed exclusively by Dutch law. Storage is subject to the Dutch Warehousing Conditions. The links refer to the documents of the Stichting Vervoeradres.
Click here for General Transport Conditions (AVC) 2002
Click here for CMR provisions
Click here for Dutch Warehousing Conditions
Liability
Goods are not insured during transport, unless the client has arranged otherwise. We therefore advise clients to assess, based on the value of the goods, whether it is advisable to take out goods transport insurance with their own insurer.
Within the Netherlands, transport falls under the statutory AVC conditions, which means, among other things, that clients can hold the carrier liable for up to €3.40 per gross loss per lost kilo or purchase price.
For cross-border transport, the CMR provisions apply, with possible liability for a maximum of approximately €10.00 per gross damage per lost kilo. If the recipient has signed for proper receipt of the goods, we will reject any liability claim.
Jewellery, securities, coupons, specimens, documents, radioactive substances, antiques, collector’s items with collector’s value, computer software, fragile goods made of glass, crystal, porcelain or ceramics always fall outside our liability, in accordance with the aforementioned two conditions.
In the event of damage or loss, we will act in accordance with the applicable conditions. The acceptance of our liability may also serve as a basis for additional compensation from the own insurer. Any claims will expire in 12 months from the date of shipment.