TransportMatchGENERAL
1. By entering into an agreement with Transportmatch B.V. (hereinafter: Transportmatch), the Client accepts the general terms and conditions of Transportmatch. Once contracted subject to the applicability of these terms and conditions, these general terms and conditions shall also apply to future quotations and agreements.
2. Client means: the party that purchases equipment, personnel and/or services from Transportmatch, or intends to do so. Clients may be natural persons or legal entities, their representative(s), authorized agent(s), legal successor(s) and heir(s).
3. Terms and conditions of our client shall not apply to the quotations and agreements referred to in Article 1, unless expressly stipulated otherwise in writing by Transportmatch.
4. If Transportmatch, in specific instances, does not invoke the provisions of these terms and conditions, this does not mean that Transportmatch has waived its right to invoke these terms and conditions in any other instance.
5. To agreements concerning road transport, these terms and conditions apply the General Transport Conditions (Algemene Vervoercondities - AVC), always in the version most recently filed with the registry of the District Courts of Amsterdam and Rotterdam. To agreements concerning exceptional transport, these terms and conditions apply the General Conditions for Exceptional Transport (Algemene Voorwaarden voor Exceptioneel Transport - AVET). Cross-border road transport shall be performed in accordance with the CMR Convention and, in addition thereto, the aforementioned AVC and/or AVET.
6. The full AVC and AVET conditions and the CMR Convention will be provided free of charge upon request and are available for inspection at Transportmatch.
7. The general terms and conditions of Transportmatch, the AVC and AVET conditions, and the CMR Convention can be found at www.transportmatch.eu
8. All amounts in these general terms and conditions are exclusive of VAT.
LIABILITY
9. The liability of Transportmatch is governed in accordance with the provisions of the AVC and AVET conditions or the CMR Convention. Any liability of Transportmatch outside of these provisions shall in any event be limited per damage event or series of damage events with the same origin to the amount of the invoice. This limit may only be broken in the event of gross negligence or fault and/or intent or deliberate recklessness.
10. If the Client considers the maximum liability under AVC, AVET, or CMR conditions to be insufficient, the Client may take out supplementary cargo insurance. Transportmatch may, on the initiative or indication of the Client, take out additional insurance in consultation with the Client.
11. Transportmatch is not liable for damage and costs, other than as a result of intent or gross negligence on the part of Transportmatch, however named and incurred, if a Client, or any third party, whether or not for a fee:
a. Makes use of equipment belonging to Transportmatch;
b. Has requested Transportmatch to perform certain work, which work does not form part of any agreements already concluded, and Transportmatch has acted in that respect in accordance with instructions given by or on behalf of the Client and/or that other third party;
c. Stores or parks goods on the premises of Transportmatch.
12. Transportmatch is not liable for damage and/or costs, however named, if such damage and/or costs arise from services, work and/or deliveries performed free of charge, unless the Client demonstrates that the damage and/or costs arose as a result of intent or gross negligence on the part of Transportmatch that is equivalent to intent.
13. Transportmatch stipulates all statutory and contractual defenses that Transportmatch may invoke to ward off its own liability towards the Client, or any third party, also for the benefit of its subordinates and non-subordinates for whose conduct Transportmatch would be liable under the law.
RATES
14. Unless agreed otherwise and explicitly stated on the quotation, Transportmatch's quotation rate includes:
a. Within the Netherlands: 1 loading and 1 unloading hour. International: 3 loading and 3 unloading hours. In the event of an overrun, the rates found in the waiting time table 16h apply;
b. Permits;
c. Tolls;
d. One dedicated BF2 or BF3 escort vehicle;
e. Ferry crossing included if required;
f. 2 free hours included for handling customs documents and formalities.
15. The required lead time regarding permits is based on Transportmatch's past experience. Transportmatch cannot be held liable for any delay in obtaining the permits or for the failure of the competent authority to grant the requested exemption/permit.
16. Unless agreed otherwise and explicitly stated on the quotation, Transportmatch's quotation rate excludes (if required):
a. Costs for loading and unloading (crane, personnel, hoisting accessories, etc.);
b. Extra escort, if prescribed in the permit. Including ATB (Switzerland), Hilfspolizei / BF-4 escort (Germany), VTL (Sweden), Guideurs (France), potential police/motorcycle escort. These costs will only become known after the permit application, and Transportmatch will pass them on to the Client;
c. Route survey, the costs of which amount to a minimum of €400 for half a day (=5 hours); additional costs after 5 hours amount to €100 per hour. With the exception of non-EU countries;
d. Bridge calculations;
e. Removal and reinstallation of street furniture and/or other civil structures;
f. Customs papers, which must be provided by the Client;
g. Co-driver;
h. Extra unloading, loading and waiting hours, according to the following waiting time table 15h:
o 2-axle truck : €110 per hour
o 3-axle truck : €125 per hour
o 4-axle truck : €150 per hour
o Escort : €70 per hour i. Tarping of cargo; in the event of damage to the tarpaulin, repair costs shall be for the Client. j. Costs for other conditions specified in the permit that were unknown at the time of determining the quotation price, such as, but not limited to, bank guarantees for the purpose of permits to be obtained for Europe.
17. Costs arising from unforeseeable/unexpected changes in routes due to, for example, roadworks will be passed on to the Client.
18. In the event of an overrun of the designated loading and unloading hours through no fault of Transportmatch, 10 waiting hours will be charged to the Client if this causes a day's delay in transport. Costs in accordance with waiting time table 16h.
19. Transportmatch is not responsible for (potential) taxes and import duties with respect to the cargo.
20. The costs under items 15, 16 and 17 will be charged to the Client on a separate invoice after delivery. By signing an agreement with Transportmatch, the Client agrees in advance to the amount of the additional costs incurred to be charged. The administration fee is €50 per invoice sent.
21. The quotation is valid for the object to be transported as formulated in the quotation. The Client shall ensure the completeness of information concerning the object to be transported. The Client is personally responsible and liable for any defects in the goods to be transported. Defects or errors that reasonably should have led to prior adjustment or correct delivery of the goods shall be at the Client's own expense. This responsibility extends to damage to persons, equipment or other goods, and costs arising from the defective packaging of the goods, unless the defect was apparent or known to Transportmatch at the time of taking receipt and Transportmatch made no reservations in that respect.
22. All our quotations are calculated with the weighted fuel price and evaluated and, if necessary, adjusted every first working day of the week. Source : https://www.tln.nl/brandstofmonitor/ Transportmatch reserves the right to increase the quotation issued in the event of a rise in the fuel price, respectively in accordance with the table below: Increase relative to weighted fuel price Increase of quotation amount in % € 0.05 1% € 0.10 2% € 0.15 3% € 0.20 4% € 0.25 5% € 0.30 6% Etc. Etc.
QUOTATION
23. All quotations issued by Transportmatch are without obligation.
24. All quotations, unless explicitly stated otherwise, are based on execution on weekdays.
25. An agreement is formed upon signing a quotation and/or filling out an order confirmation form. If the Client is a legal entity, the signatory must be authorized according to the Chamber of Commerce (or a comparable authority abroad) to bind the legal entity.
26. If the Client is a natural person, Transportmatch may, in addition to the signed quotation, request that a copy of a bank statement be provided showing Name, Address, Place of Residence and Account Number for the verification of the Client's identity.
27. A quotation is valid up to 30 days after its date.
28. A quotation must be accepted and signed in writing.
CANCELLATION
29. In the event of cancellation of the transport, the Client is obliged to reimburse Transportmatch for all costs already incurred. If cancellation takes place within 7 times 24 hours prior to the time of commencement of the scheduled transport, the Client shall owe 70% of the agreed quotation rate. Postponement of the transport is only possible in consultation with and with the consent of Transportmatch.
30. Transportmatch will charge the Client 70% of the agreed quotation rate if:
a. The cargo is not available at the agreed time;
b. The dimensions of the cargo deviate from the specified dimensions, as a result of which the transport cannot be performed.
LOADING/UNLOADING
31. Loading and unloading locations must be readily accessible and passable for the equipment to be deployed. If and to the extent that the loading and unloading locations prove not to be readily accessible and passable, an alternative solution will be sought in consultation with the Client. If this leads to additional costs, Transportmatch has the right to charge these costs to the Client.
32. If the Client offers goods for carriage and these goods were not loaded by Transportmatch, Transportmatch is not liable for damage arising as a result of the manner of loading.
33. If the Client offers goods for carriage and these are packed in such a way that checking the number of items and/or the contents is not possible, Transportmatch shall not be bound by the number and/or contents as specified by the Client and/or stated on the consignment note.
34. If checking is not possible upon loading by Transportmatch and/or the transport will be significantly delayed by checking, all at the discretion of Transportmatch, Transportmatch shall not be bound by the number of items and/or condition of the cargo and/or contents, as specified by the Client and/or stated in the consignment note.
35. If items 31 and/or 32 occur, a reservation must be made on the consignment note by the driver.
PRICES
36. Prices are based on locations that are readily accessible and passable, respectively. If during the execution of the assignment it appears that accessibility is not good, Transportmatch has the right to increase the prices by all additional costs incurred as a result.
37. Invoices are deemed to have been accepted and approved by our client if no written objection has reached Transportmatch within 8 days of the invoice date.
PAYMENT
38. The financial status of the Client may be checked in advance by Transportmatch. Based on the results thereof, Transportmatch may request advance payment, cash payment to the driver, or 50% upon order and 50% prior to unloading.
PAYMENT TERM
39. If Transportmatch does not require advance payment and delivery on account is permitted by Transportmatch, payment of the invoice must be made within 30 days of the invoice date (unloading date), unless explicitly agreed otherwise. In the absence of timely payment, the Client is immediately in default. Any suspension of payment is not permitted. If payment has not been made within the agreed term, the Client is obliged to pay, in addition to the principal amount, the statutory (commercial) interest applicable on the basis of law or treaty.
40. The client is not entitled to apply any set-off with respect to amounts charged by Transportmatch to the Client pursuant to any agreement concluded with the Client.
41. If Transportmatch proceeds with collection through judicial or other proceedings in the event of late payment by the Client, all costs already incurred or yet to be incurred by Transportmatch, as well as those related thereto, including extrajudicial collection costs, being a minimum of 15% of the principal amount, shall be borne by the Client, without prejudice to the provisions of Article 37.
42. If it has been agreed that the transport will take place for cash or by advance payment and neither has taken place upon delivery, the Client has two options:
a. Unloading takes place after payment has been made, whereby the Client must also compensate for the extra waiting time according to the rate described in the waiting time table under paragraph 15h;
b. Transportmatch instructs that the cargo be brought to Transportmatch's business location, after which a second transport will be scheduled, which will only be performed after the first and second transport have been paid for. Storage costs and crane costs will be charged to the Client.
PRICES
43. The prices mentioned in these general terms and conditions are prices as applied in December 2023. Prices may be increased and current prices are available upon request.
44. The prices of Transportmatch are based on the rates, wages, prices, etc. applicable on the date of the offer or of the conclusion of the agreement or of the actual performance and, unless stated otherwise, are exclusive of turnover tax, both Dutch and foreign. In the event of a change in one or more of these factors, the prices shall automatically change accordingly and be binding, including with respect to ongoing agreements, on the understanding that if the prices change within three months after the conclusion of the agreement, the Client shall be entitled to dissolve the agreement. All this unless expressly agreed otherwise. In the event of an appeal to dissolution of the agreement due to passing on higher costs, the Client is obliged to reimburse external costs already incurred by Transportmatch for the purpose of executing this agreement.
CLIENT'S RESPONSIBILITIES
45. The quotation rate is valid for the dimensions, weight and particulars specified by the Client. If and to the extent that these details have not been provided correctly and turn out to be higher, all related costs, such as providing another suitable trailer, will be charged, including fines for permits that are insufficient, plus the standard administration fee of €50 per invoice as in paragraph 20.
APPLICABLE LAW AND CHOICE OF FORUM
46. Dutch law applies to all legal acts between the Client and Transportmatch. Disputes between the parties shall be adjudicated by the competent Dutch court in Rotterdam.
LANGUAGE
47. In the event of differences of interpretation between the Dutch version and a translated version of the
48. Offer subject to typographical errors.
RIGHT OF PLEDGE
49. In addition to the provisions of Articles 23 and 24 of the AVC, in the event of non-satisfaction of the claim, the sale of the possessory pledge shall take place in the manner prescribed by law or, if agreement exists in that regard, privately.
50. Transportmatch may, upon request, have the possessory pledge replaced by another equivalent security at the sole discretion of Transportmatch.
51. The Client may never invoke against Transportmatch any postponement of payment granted to it, whether expressly or not, with respect to previous assignments.
CUSTOMS
52. Handling of customs formalities provided by Transportmatch takes place at the expense and risk of the Client. Transportmatch is only liable for costs and damage arising from improper handling of customs formalities if the Client demonstrates that there is intent or gross negligence on our part.
53. The Client indemnifies Transportmatch at all times against claims imposed on Transportmatch or the Client by governmental authorities regarding customs duties, taxes, excise duties, etc. on goods for which the customs formalities are handled by Transportmatch on behalf of the Client, unless the Client demonstrates that there is intent or gross negligence on our part.
RENTAL
54. Rental of machines, materials, tools, (tank) containers, semi-trailers, trucks and other goods takes place under the following conditions:
a. Transportmatch undertakes to make an asset in good condition available to the Client at the commencement of the rental agreement;
b. The Client is obliged upon taking receipt of the goods to inspect them for faults and defects. If the Client makes no written remarks upon taking receipt with respect to the condition of the goods, it shall be deemed to have received these goods in good condition;
c. The Client is obliged to return the rented asset at the end of the rental agreement in the same condition as that in which the asset was at the commencement of the rental agreement. Excepted from this is wear and tear resulting from normal use for which the asset is intended by its nature. If the rented asset is received back by Transportmatch in a condition other than that in which it was made available, the Client is obliged to compensate Transportmatch for the depreciation of the rented asset, and to do so upon first request;
d. The Client is prohibited from relinquishing control of the rented asset to third parties, with the exception of employees in its service, from subletting it, pledging it and/or alienating it;
e. Any necessary permits for the use of the rented asset will be arranged by the Client. In the absence of (a) necessary permit(s), the Client indemnifies Transportmatch with respect to additional tax assessments and/or (damage) claims arising from the absence of this/these permit(s);
f. Fuel for rented machines, tools and/or trucks is not included in the rental price;
g. Transportmatch is not liable for any damage, which also includes fines and (police) out-of-court settlements imposed by governmental authorities, arising from the use of the rented asset, however caused, other than as a result of intent or gross negligence on our part. The Client indemnifies Transportmatch against third-party claims made in this respect;
h. If the Client is in default of paying the rent due to Transportmatch, Transportmatch is entitled, without any notice of default being required, to take the rented asset out of the Client's control. The costs associated with this shall be for the account of the Client.
Limitation period, forfeiture of rights Any (claim) right against Transportmatch shall become time-barred and forfeit by the mere lapse of 12 months after the claim arose, insofar as the applicable standard conditions do not already provide for a limitation/expiry period.