General Terms and Conditions
Aircargo.nl B.V. — Chamber of Commerce 34251536 — Samoaweg 4, 1432 BZ Aalsmeer
Applicability
All services of Aircargo.nl B.V. (Chamber of Commerce 34251536), located at Samoaweg 4, 1432 BZ Aalsmeer, are subject to the Dutch Forwarding Conditions of FENEX, filed with the registries of the District Courts in Rotterdam and Amsterdam on May 1, 2018.
By using our services, you agree to the applicability of these terms to the legal relationship between you and Aircargo.nl B.V.
About the Dutch Forwarding Conditions
The Dutch Forwarding Conditions (NEV) have been drafted by FENEX, the Dutch Association for Forwarding and Logistics. These conditions form the standard regulation for the legal relationship between freight forwarders and their clients and are widely accepted within the logistics sector.
The full text of the Dutch Forwarding Conditions is available via the official FENEX website: www.fenex.nl. You can also request the conditions from Aircargo.nl B.V.
Key Provisions
Services (Article 2)
The conditions apply to all offers, agreements, and actions related to the services to be performed by Aircargo.nl B.V., unless subject to mandatory law. The conditions remain in effect after termination of the agreement.
Engagement of Third Parties (Article 3)
Aircargo.nl B.V. is free to engage third parties in the execution of an agreement and to accept the conditions of those third parties on behalf and at the risk of the client, unless otherwise agreed in writing.
Offers and Formation (Article 4)
All offers from Aircargo.nl B.V. are without obligation. Agreements are only concluded after written confirmation or commencement of performance.
Fees (Article 6)
Price quotations are based on the prices valid at the time of the offer. Changes in cost factors (rates, wages, freight and exchange quotations, etc.) may be passed on. Rights, taxes, levies, and insurance premiums are not included in all-in rates unless expressly agreed otherwise.
Liability (Article 11)
Aircargo.nl B.V. is not liable for damages unless the client proves that such damage arose from fault or negligence of Aircargo.nl B.V. or its subordinates. Liability is in all cases limited to 10,000 SDR per event, and in case of damage or loss of goods to 4 SDR per kilogram gross weight. Consequential damage, lost profits, and immaterial damage are never compensated.
Force Majeure (Article 12)
In case of force majeure, the obligations of Aircargo.nl B.V. are suspended for the duration of the force majeure. Additional costs resulting from force majeure (transport, storage, insurance, etc.) are borne by the client.
Payment Terms (Article 15)
Fees and costs are generally due upon commencement of services. In case of late payment, all claims become immediately payable. Aircargo.nl B.V. has the right to charge a credit limitation surcharge if a credit term is applied.
Retention and Pledge Rights (Article 17)
Aircargo.nl B.V. has a right of retention and pledge on all goods, documents, and funds it holds in the context of the assignment, for all claims against the client.
Limitation Period (Article 20)
Claims expire by lapse of nine months after the event causing the claim, or after the day on which the entitled party knew or reasonably could have known of the damage.
Dispute Resolution (Article 23)
Disputes are settled by arbitration according to the FENEX arbitration rules, unless parties agree to submit the dispute to the competent Dutch court at the seat of Aircargo.nl B.V.
Contact
For questions about these general terms and conditions, you can contact:
Aircargo.nl B.V.
Samoaweg 4
1432 BZ Aalsmeer
Netherlands
Chamber of Commerce number: 34251536
The full Dutch Forwarding Conditions can be consulted via www.fenex.nl or requested at our office.