TransMission applies the following provisions, general terms and conditions for its services within the joint venture.
Rates and payment terms
Pricing
The prices are based on each customer’s specific shipping pattern in the Benelux and corresponding financial turnover. The shipping patterns are evaluated annually and the calculated rates adjusted where necessary.
Franking free domicile
All freight costs are charged to the party placing the order. Other franking forms such as carriage paid (ex factory) and DAF, in which the customer does not pay any or only part of the charges, are not possible. It is possible however to ship goods COD.
Validity of quotes
Our rates apply until further notice, but never more than one calendar year after the effective date. The amounts stated are in euros (unless expressly stated otherwise) and apply to payment of freight charges in the Netherlands. The rates do not include:
Fuel surcharge
Continuous, sharp swings in price have forced TransMission to impose a diesel surcharge on the freight costs. As a rule, this surcharge is dependent upon the current price at the pump as stated on the website of the leading oil companies.
The price of € 0.682 excl. VAT applies as an index. This price was valid on 1-1-2004. If the diesel price changes with respect to this index, the surcharge will increase or decrease by 1% for every 3 cent increase or decrease.
Note: The index basis and the diesel surcharge can vary per partner. Ask the relevant partner for current prices.
Annual price adjustment
On an annual basis, the prices are adapted to the estimated cost developments such as the NEA which is published every October for the small-scale distribution market segment. If the actual cost developments deviate substantially from the estimates, then TransMission reserves the right to adjust prices on an interim basis.
Invoicing and payment
Customers will receive a specified invoice on either a weekly or monthly basis. For invoice amounts lower than €45 per month, we charge an additional €10 in administrative fees. Payment may be made by automatic debit payments or transfer within 14 days.
The General Terms of Payment drawn up by the Dutch Transport Operators Association (TLN) for the Dutch transport industry are fully applicable. These terms were filed at the Office of the District Court of The Hague on 2 July 2002, under document number 69/2002.
Responsibility
The shipper must provide the carrier with the legally required information in a timely manner. The shipper has joint responsibility for any overloading. The shipper must therefore compensate the carrier for any penalty imposed for overloading, unless the carrier failed in its duties of supervision and care.
Terms and conditions
For transport within the Netherlands, the most recent version of the 2002 General Transport Conditions (AVC Conditions) apply. For cross-border transport, the terms of the CMR Convention (Convention on the Contract for the International Carriage of Goods by Road) apply. All agreements are exclusively subject to the laws of the Netherlands. The links refer to the Stichting Vervoeradres.
Click here for the General Conditions of Transport 2002
Click here for CMR provisions
Liability
Goods are not insured during transport, unless the party placing the order has arranged otherwise. We therefore recommend that customers assess, on the basis of the value of the goods, whether or not it is desirable to take out goods transport insurance with their own insurer.
Transport within the Netherlands is covered by the statutory AVC Conditions. This means, among other things, that customers can hold the carrier liable for a maximum of €3.40 gross compensation per kilo lost.
For cross-border transport, the CMR Convention applies. Under the Convention liability is a maximum of approximately €10.00 gross compensation per kilo lost. If the consignee has signed for receipt of the goods in good condition, we will refuse all claims of liability.
Jewellery, securities, coupons, specimens, documents, radioactive materials, antiques, collectors’ items with value as such, computer software, fragile goods made of glass, crystal, porcelain or ceramics always fall outside our liability in accordance with both sets of conditions referred to above.
In the event of loss or damage, we will proceed in accordance with the applicable conditions. Our acceptance of liability may also serve as the starting point for the additional indemnification by the customer’s own insurer. Any claims shall lapse after 12 months from the date of shipment.
