The General Transport Conditions (AVC 2002) are general terms and conditions which are often used in connection with the transportation of goods by road in the Netherlands. To cross-border transportation other rules apply. The general conditions comprise:
- the sender's duties
- the haulier's duties
- conditions for payment of the shipment
- particular risks
- storage agreements
Liability haulier
According to the General Transport Conditions, the haulier is liable for loss and damage to the load as well as losses suffered as a result of delays. This does not apply if they can demonstrate a case of force majeure. The haulier's liability is limited to a specific amount per kilo. In the case of a delay, the haulier is liable for 1 or 2 times the price of the shipment.
The General Transport Conditions only apply if both parties (sender and haulier) agree accordingly. This agreement is usually reached by using an AVC consignment note. You can download an English version of the AVC 2002 from the Vervoeradres Foundation website.
Nonliability haulier
The haulier is not liable, if loss or damage is caused by:
- transport in an open vehicle if this method of transport has been agreed upon
- the lack of or defective packaging of items which should have been properly packaged
- processing, loading, unloading or stowing of the load by or on behalf of a party with an interest in the load
- the nature of the load
- heat, cold, temperature differences and humidity, unless the vehicle is specially equipped
- an incomplete address or incomplete lettering on the shipment
Neither is the haulier liable for loss and damage when transporting live animals.
