Concerning the payments for transport, storage and other activities assigned to the carrier, determined by Transport and Logistiek Nederland, filed with the registry of the District Court in The Hague on July 2, 2002, deed number 69/2002.
Article 1 Freight payment
The sender is obliged to pay the freight and other costs burdening the goods at the time he hands over the bill of lading or at the time the goods have been received by the carrier.
If postage-free shipment has been agreed, the consignee is obliged to pay the freight, other costs due on other grounds relating to the transport and other costs burdening the goods upon delivery of the goods by the carrier; If he does not comply with this upon first reminder, the sender is jointly and severally liable for payment. If, in the case of unpaid shipment, the sender has stated on the consignment note that delivery may not be made without payment of the freight, of other costs owed in connection with the transport or of further costs burdening the goods, the carrier must, if payment is not made, ask the sender for further instructions which he must follow, insofar as this is reasonably possible, in return for compensation for costs, damage and possibly payment of a reasonable reward, unless these costs have arisen through his fault.
The carrier is entitled to charge all necessary extrajudicial and judicial costs incurred to collect the freight and other amounts, as referred to in paragraphs 1 and 2, to the person who is obliged to pay the freight and other costs. The extrajudicial collection costs are due from the moment the debtor is in default and the claim has been handed over for collection.
The freight, the costs owed on other grounds relating to the transport and other costs incurred on the goods are also due if the goods are not delivered to their destination, only partially, damaged or delayed.
Recourse to settlement of claims for payment of freight, of amounts owed on other grounds in respect of the transport or of further costs burdening the goods with claims on other grounds is not permitted.
If the sender has not fulfilled his obligations stated in this article, the carrier is entitled to suspend the departure of the means of transport and then the damage caused to him as a result will be regarded as costs burdening the goods.
Article 2 right of retention
The carrier has a right of retention on goods and documents in his possession in connection with the agreement against anyone who requires delivery thereof. He is not entitled to this right if, at the time he received the goods, he had reason to doubt the authority of the sender to make the goods available.
The right of retention also relates to what is imposed on the goods by way of cash on delivery as well as to the commission due to him in connection with the cash on delivery, for which he does not have to accept security.
The carrier can also exercise the right of retention against the sender for what is still owed to him in connection with previous agreements.
The carrier may also exercise the right of retention against the consignee who entered into previous agreements in that capacity for what is still owed to him in connection with those agreements.
If a dispute arises during settlement about the amount due or if a calculation that cannot be carried out quickly is required to determine it, the person who demands delivery is obliged to immediately pay the part on which the parties agree that the amount due is due and to provide security for the payment of the part disputed by him or the part for which the amount has not yet been determined.
Artikel 3 pandrecht
Alle zaken, documenten en gelden, die de vervoerder in verband met de overeengekomen werkzaamheden onder zich heeft, strekken hem tot pand voor alle vorderingen, die hij ten laste van de afzender heeft.
Behoudens in de gevallen waarin de afzender in staat van faillissement verkeert, hem surseĢance van betaling is verleend of ten aanzien van hem de schuldsaneringsregeling natuurlijke personen van toepassing is verklaard, heeft de vervoerder nimmer het recht de verpande zaken te verkopen zonder toestemming van de rechter overeenkomstig art.3:248 lid 2 BW.
Artikel 4 vertragingsrente
Partijen zijn over een door hen verschuldigd bedrag wettelijke rente verschuldigd op voet van art. 6:119 BW.
Article 5
These conditions can be referred to as the "Transport and Logistics Netherlands general payment conditions".
Transport and Logistics Netherlands
Boris Pasternaklaan 22
2719 DA Zoetermeer
Postal address:
PO Box 3008
2700 KS Zoetermeer