Terms and Conditions
The Terms and Conditions off TransHeroes
1. INTRODUCTION
We are TransHeroes | Smart Logistics Provider. You may also know us from the trade names: BTA International, TTS Transport, Van der Wal Enschede, Forwarding Plus, TTS TransUrgent, TTS TransAir, TTS TransOcean and TTS Customs. TransHeroes provides smart logistics solutions to its customers. We like to make clear agreements, which is why our terms and conditions are written in understandable terms and a normal font. Clear wording, no hassle or bullshit, that’s what we like.
2. APPLICABLE TERMS AND CONDITIONS, FREIGHT FORWARDING
2.1. All our quotations, assignments and services are subject to the most recent version of the Dutch Forwarding Conditions of the FENEX (or simply the FENEX Conditions), as filed with the registry of the courts of Amsterdam, Arnhem, Breda and Rotterdam. You will find a direct link here. FENEX is the industry organisation for Freight Forwarders in the Netherlands.
2.2. Freight Forwarding? The term freight forwarding might need some further clarification. We do not execute the transport ourselves, but we conclude transport contracts with preferred carriers or hauliers, whether or not in consultation with you. We do not own any trucks, ships, airplanes or trains. The Dutch Civil Code speaks about a Freight Forwarder: therefore our services are limited to intermediation between customer and carrier. We exclusively organize the transport of goods on behalf of you, our customer. Other terms are: forwarder, freight agent or forwarding agent.
2.3. To prevent a possible discussion; purely and only these TransHeroes conditions and the FENEX Conditions are applicable. We explicitly reject any other purchasing terms and conditions. We work exclusively and only according to Dutch law, which therefore applies!
2.4. Do we have a big problem together and can't work it out? Then we will submit the dispute only to the Dutch court in the district of TransHeroes or another competent Dutch court. The arbitration clause in the FENEX conditions does not apply.
3. TRANSPORT AGREEMENTS, DAMAGE AND LIABILITY
3.1. The transport agreements that we conclude on behalf of our clients are subject to treaties/conventions, laws and regulations. The carriers that we hire for our services apply their own general terms and conditions as well. You might easily get lost in laws and regulations. Additionally, the liability of the carriers is determined based on applicable rules. Such liability is often limited. The limit usually depends on the weight of the goods. An overview of the applicable limits and other conditions (such as waiting fees or the consequences of cancelling freight) can be found by under "COMMON CONDITIONS AND LIMITS".
3.2. Quality and reliability are essential with regard to the selection of our carriers. However, it occasionally goes wrong and damage occurs during transport. As a freight forwarder, we are not liable for damage during transport. Off course we will assist you to recover your loss from the liable party. Usually this is the carrier who has performed the transport.
3.3. Due to the limits explained in article 3.1, the carrier may not be liable for the full amount of the loss or damage. This may therefore mean that you will not be compensated for the full amount of damage! Obviously we can offer you an additional insurance that covers the full loss. In some cases it is also possible to agree a different limit or a special interest with the carrier for an additional fee. We will be happy to discuss the possibilities with you.
4. PAYMENT AND POD’s
4.1. All quotations we make are exclusive of VAT, exclusive of any import duties and exclusive of any VAT that must be paid when importing goods. Unless we expressly state otherwise. We will send signed waybills, CMRs or other Proof Of Deliveries on request.
4.2. We check the credit rating of our customers before accepting the order. Is the credit rating sufficient? Then you get 21 days payment term after invoice date. Is the credit rating insufficient in our opinion? Then you pay in advance. VAT and/or import duties must always be paid promptly, unless we agree otherwise.
COMMON CONDITIONS AND LIMITS
1. INTRODUCTION
All our transport agreements that we conclude on behalf of our customers are subject to conventions, legislation and regulation. The applicable legislation and regulation is depending on the mode of transport, the loading and unloading place, the appropriate district court and the involved carrier or haulier. You can imagine that the transport of two pallets within the Netherlands is subject to different rules than a temperature controlled ocean freight from Germany to Japan. You might easily get lost in these rules and conditions.
2. WAITING HOURS AND WAITING COSTS
Since we work with different carriers, we would like to create some uniformity with regard to the charging of waiting hours. Sometimes it happens that loading or unloading the truck takes a little longer than expected. We use the following guidelines: <3 Ldm - maximum 30 minutes, <6.5 Ldm - maximum 75 minutes and ≤ FTL - maximum 120 minutes. If you exceed the (un-)loading time, we might charge you waiting cost. In general, we charge € 15 per 15 minutes or € 20,- per quarter hour with a maximum of € 560,- per day. If it deviates, we will state this in our quotation.
3. DEAD FREIGHT OR CANCELLATION OF FREIGHT
Obviously it can happen that a consignment has to be cancelled. This is what we call a dead freight. It is needless to say that this is very annoying, especially for the carrier that has been selected. He has reserved space and is now left holding the bag. In case of cancellation on the (working)day before 16.00 hrs before loading, we will charge 70% of the freight price for cancellation. If it is later than 16.00 hrs on the (working)day before loading or on the day of loading itself, we will charge the full or 100% of the freight price on the day of loading. These percentages are common in the industry.
Disclaimer: We do not intend to create a complete overview of all the rules that are applicable to our services. For example, many carriers use their own general terms and conditions – which we cannot ignore – as well. Moreover, all the rules, exceptions and peculiarities simply do not fit into one table. We only hope that we have made you a little wiser! Is something not clear? Ask us!
Direct contact with Jan4. LIABILITY AND LIMITS
The liability of the carriers with regard to the damage or loss is determined based on the applicable rules. Such liability is often limited. The limit usually depends on the weight of the goods. For your reference, we have stated these limits in the table below. Please note that this limitation refers to the liability of the carrier or haulier that we have hired on behalf of our customers. For the sake of completeness we would like to mention that TransHeroes as a freight forwarder is not liable for any damage or loss with regard to the transport of goods.
*SDR = Special Drawing Rights | SDR is a type of exchange rate and is dependent on world exchange rates. 1 SDR amounts to approximately € 1.10 to € 1.30.