Flexport European Trucking Terms & Conditions
By requesting or accepting goods or services from Flexport Inc., and/or its subsidiaries and affiliates (collectively, “Flexport”), the Customer agrees to the following terms and conditions of service (“Terms and Conditions”).
Flexport may from time to time change these Terms and Conditions. Any changes are effective immediately upon publication on our website at www.flexport.com/terms.
Acceptance. These General Terms and Conditions apply to all activities of Flexport International LLC, it subsidiaries and affiliates, hereinafter ‘Flexport’ and are attached to all quotes. The most recent version of the General terms and Conditions is publicised and readily available at our website www.flexport.com. Copies (or additional copies) of these general terms and conditions will be provided at no charge, upon request. By accepting a quote for transportation services by Flexport , the customer consents to the applicability of these terms and conditions.
Liability for costs. The customer remains at all times jointly and severally liable for the payment of the invoices of Flexport International LLC. If at the customer's request, the costs must be charged to the party with the payment obligation for those charges pursuant to the terms and conditions of delivery, the customer bears the costs and risk of doing so in observance of the preceding sentence.
General. Unless agreed otherwise in writing between the customer and Flexport, the following conditions apply to all our transactions and activities performed in the European Union:
For national road transport, the latest version of the national road transport conditions of the country where services are provided.
The Netherlands - the General Transport Conditions 2002 (Algemene Vervoerscondities 2002, A.V.C. 2002) filed with the court registries of the District Courts in Amsterdam and Rotterdam.
Germany - General Freight Forwarding Conditions (Allgemeine Deutsche Spediteurbedingungen ADSp 2017)
United Kingdom - Road Haulage Association Terms and Conditions 2009
Belgium - General Conditions for Transport by Road (Algemene Voorwaarden voor Wegvervoer 2017 by TLV, UPTR, FEBETRA)
France - General Conditions for Transport and Logistics Services ( Conditions Générales de Vente régissant les opérations effectuées par les opérateurs de transport et/ou de logistique 2017)
Spain - Land Transport Regulation Law (Ley de Ordenación de Transporte Terrestre, LOTT 2016 )
Italy - Standard Trading Conditions (CONDIZIONI GENERALI DI SPEDIZIONE 2009)
Sweden, Norway, Denmark, Finland - General Conditions of the Nordic Association of Freight Forwarders (NSAB 2015)
For international road transport, meaning cross border, the Convention on the Contract for the International Carriage of Goods by Road (CMR), complemented by the above mentioned national conditions.
For forwarding activities we follow, the latest version of the Dutch Forwarding Conditions (Nederlandse Expeditievoorwaarden), excluding the arbitration clause, filed by the Netherlands Association for Forwarding and Logistics (FENEX) with the court registries of the District Courts in Amsterdam, Arnhem, Breda and Rotterdam.
The following applies to the electronic exchange of messages: - If information, including that pertaining to the waybill, is exchanged by electronic means, the parties shall not dispute the admissibility of electronic messages as evidence in the event of disputes. - Electronic messages shall have the same evidential value as written documents unless these messages were not sent, stored and recorded in accordance with the format, level of security and method of sending agreed between the parties.
In the event that one or more provisions of these conditions differ from the conditions referred to above, these conditions shall prevail except with respect to provisions of mandatory law.
Packing and marking. Goods consigned must be properly packaged and labelled with clear information, on each packaging unit, stating the product, the full address of addressee and sender, with icons indicating handling procedures, etc. Any non-current information on the packaging material must be either removed or rendered illegible. Except as otherwise caused by Flexport, customer shall be responsible for ensuring that its products and packaging are in compliance with all applicable laws, and shall indemnify and hold harmless Flexport from any loss, damage or claims arising from the product or packaging failing to comply with applicable laws.
Hazardous Materials. Acceptance of hazardous materials for trucking is subject to prior approval of Flexport. If the shipment is accepted hazardous materials shipped must be in compliance with all legal requirements on such materials. The client is responsible for correct labelling, approved packaging, the transport document and sender's declaration. The goods must be properly packaged and secured on pallets.
Terms of Delivery. Flexport withholds the right to deviate from the agreed delivery windows. No rights can be derived from the specified delivery or transit times.
Pallets. Flexport does not except any pallet exchange programs
Transport by third parties. Flexport is authorised to have the transport carried out by third parties. In cases of third-party transport, Flexport will act solely as forwarding agent and not as transporter. The activities of Flexport as forwarding agent are subject to the most recent version of the national forwarding condition from the country the services are performed.
Indemnification and Himalaya clause.
Customer is obligated to indemnify and hold harmless Flexport against all claims from third parties with respect to damage caused by the performance of the activities by Flexport except in so far as this damage was caused by acts or omissions on the part of the management of Flexport, carried out with either the intent to cause that damage or recklessly and with the knowledge that that damage would probably result therefrom. Damage also includes damage caused by death or injury as well as any type of financial losses.
At all times and in all cases the customer is obligated to indemnify Flexport against the claims from third parties, except in so far as this damage was caused by acts or omissions on the part of the management of Flexport, carried out with either the intent to cause that damage or recklessly and with the knowledge that that damage would probably result therefrom.
When representatives of Flexport as well as persons whose services are used by Flexport to perform the agreement are held liable, these persons can invoke any limitation and/or exemption of liability that Flexport can invoke on account of the General Terms and Conditions or any other legal or contractual provision.
Transporters’ liability (national/international). Whenever Flexport conducts international or national transports, the CMR convention or, in supplement there to, the national road transport conditions apply as laid down in article 3. These provide for a limitation of liability which may limit the transporters’ liability to less than the total amount of the value of the consignment. For full coverage of the actual value of the goods during transport, the client is strongly advised to insure goods against the risks of transport. If desired, the Flexport can arrange for supplemental insurance at very competitive rates. For the options and rates, contact the Insurance division of the Flexport.
Delay, consequential loss. Flexport does not undertake that the Goods will be transported from the place of receipt or port of loading, or will arrive at the port of discharge or place of delivery, as applicable, or will be transshipped on board any particular vessel or other conveyance at any particular date or time or to meet any particular market or in time for any particular use. The scheduled or advertised departure and arrival times are only expected times and may be advanced or delayed and Flexport shall in no circumstances whatsoever be liable for direct, indirect, or consequential loss or damage caused by delay. Save as otherwise provided herein, Flexport shall in no circumstances be liable for direct or indirect consequential loss or damage arising from any other cause.
Reporting obligation for valuable consignments. The client warrants that the declared value of the consignment to be transported does not exceed € 50,000. Flexport accepts the assignment explicitly under this condition. If the value of the consignment to be transported is € 50,000 or more, Flexport must be notified that the shipment is a high value shipment in writing in advance of the transport. Above the threshold Flexport only accepts shipments when fully declared value insured by the customer. At the explicit request of the customer, Flexport will attempt to contract supplemental insurance for the transport at the customer's expense. If the customer fails to notify Flexport on a high value shipment, the customer violates the obligation of information to Flexport and is liable for the consequences of this violation. In that case, any liability on Flexport in case of damage, loss and theft of the goods will lapse. This information is necessary to be able to take adequate measures to prevent theft during transport, which is also in the interests of the client.
Jurisdiction. All legal relationships with Flexport in regard to trucking services in Europe are governed by Dutch law.