Terms and Conditions

Dutch Forwarding Conditions

FENEX developed the Dutch Forwarding Conditions. These conditions are also commonly referred to as "FENEX conditions" or "FENEX terms." However, note that this can cause confusion, since FENEX has developed several different sets of general terms and conditions. Make sure to avoid this confusion, and refer specifically to the Dutch Forwarding Conditions.

The Dutch Forwarding Conditions govern the legal relationship between the client and the freight forwarder, and are based on a broad interpretation of the forwarding agreement. This means that the forwarding agreement covers all work the freight forwarder carries out on behalf of the client. This differs from the forwarding agreement as defined in Book 8 of the Dutch Civil Code, which describes it specifically as an agreement to "arrange for carriage," in other words, a contract of carriage with a carrier that the freight forwarder arranges on behalf of its client.

The conditions apply to all work carried out by the freight forwarder, such as storage, distribution, customs clearance, insurance, packing and repacking, weighing, marking, order picking, invoicing, etc. The Dutch Forwarding Conditions establish a reasonable balance between the rights and obligations of the parties. Alongside provisions on matters such as liability and the freight forwarder's right of pledge and retention, the conditions also set out a framework for resolving disputes between the freight forwarder and its client. Disputes are decided, to the exclusion of the ordinary courts, by three arbitrators, unless the parties jointly agree to have the dispute settled by a single arbitrator.

The Dutch Forwarding Conditions are intended to provide a framework for situations in which a party acts as a freight forwarder. In this context, it is important to distinguish between a forwarding agreement and a contract of carriage. That distinction lies in the nature of the agreement. The freight forwarder is responsible for arranging the choice of carrier with whom it concludes a contract of carriage on behalf of its client. The carrier, by contrast, performs the actual transport and is therefore responsible for delivering the goods undamaged, at the agreed place and time. This liability is largely a matter of mandatory law. The statutory provisions on forwarding, however, are a matter of default law that parties may deviate from.

To determine whether a given arrangement constitutes forwarding or carriage, it must be established what the two parties intended to agree, or, where this is unclear, what must be deemed to have been agreed given the circumstances. In any event, a freight forwarder must present itself as such to the outside world. This is done, for example, through a description of the work focused on forwarding in the order confirmation or quotation, and by declaring the FENEX conditions applicable on letterhead, invoices, order confirmations, and the like.

It can happen that a freight forwarder, in the course of a forwarding assignment, actually carries out the transport of the goods itself. In such cases the situation is fairly clear: the freight forwarder is then regarded as a carrier. This means that the largely mandatory regime of carrier liability will generally apply to it as well. In sea transport, this is known as a "maritime consolidator" (groupeur). A consolidator can, from a legal standpoint, act as a carrier. A freight forwarder acting as a consolidator will, in that case, issue its own bills of lading or combined transport documents (the HBL or FBL). Similar developments occur in road transport. This shows that a freight forwarder is prepared to accept carrier liability where trade and industry require it.

Dutch Storage Conditions

The Dutch Storage Conditions govern the legal relationship between the client and forwarding companies that carry out specific storage activities. Some forwarding companies specialise specifically in the storage of goods. In that case, these storage companies apply a specific set of general terms and conditions to their storage activities, known as the Dutch Storage Conditions. These conditions apply solely and exclusively to storage, not to other logistics activities.

Conditions for Logistics Activities

The Conditions for Logistics Activities are specifically intended for companies that carry out additional work alongside storage, such as invoicing, assembly, labelling, repacking, packing, and inventory management. The scope of these conditions covers only the storage process and the additional activities involved. The liability provisions of the Conditions for Logistics Activities differ from those in the Dutch Storage Conditions.

The Conditions for Logistics Activities are based on what is known as strict liability. This means the service provider is liable for damage unless it demonstrates that the damage was due to force majeure. These conditions were replaced in 2014 by the Logistics Services Conditions. They may still be used, but are no longer maintained and are no longer deposited with the Chamber of Commerce or the district court.

Logistics Services Conditions

Carriers, freight forwarders, and logistics service providers can now use a new set of general terms and conditions for arrangements they make with one another or with their clients. The expectation is that these Logistics Services Conditions 2014 (LSV 2014) will, over time, replace the two existing types of general conditions and become the new standard. The new conditions offer a number of advantages and were developed by Transport en Logistiek Nederland (TLN) and its affiliated freight forwarders' association, FENEX.

In addition, the LSV 2014 is intended above all to align more closely with everyday practice, that is, with the role of a general logistics service provider. Simplicity is the guiding principle. A good example is the payment terms integrated into the LSV 2014. Agreements on payment terms exist to be honoured. Failure to comply can result in significant collection costs, high interest, and firm security rights as a deterrent.

For arranging transport (having goods carried) and customs and fiscal matters, it is necessary that, alongside the LSV, the Dutch Forwarding Conditions are also declared applicable to the agreement.

Platform Conditions (digital services)

An increasing number of freight forwarders offer digital services alongside their physical services, such as booking portals and track & trace. To support this, FENEX has developed specific Platform Conditions. These conditions govern the legal relationship between the freight forwarder and the client in connection with the use of the freight forwarder's platform, including any related integrations. The provision of a (software) platform differs fundamentally from a forwarding or logistics service, among other things in terms of nature, risks, and obligations. The Platform Conditions therefore do not apply to the forwarding or logistics services themselves. These are instead governed by their own conditions, such as the Dutch Forwarding Conditions or the Logistics Services Conditions. The Platform Conditions can therefore be used alongside these other sets of conditions. To support this, FENEX has also prepared an explanatory document and a practical checklist. Please review these documents to apply the Platform Conditions correctly and effectively.

For the current official text of these conditions, visit: https://www.tln.nl/ledenvoordeel/voorwaarden