Do you transport goods by road in the Netherlands? This is subject to general terms and conditions in the General Transport Conditions (AVC 2002). 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
AVC waybill
In the AVC waybill, the sender and haulier make agreements about the transport (transport agreement). This states, among others:
- type of goods
- quantity and weight of goods
- exchange of pallets
- date of receipt and delivery
In the AVC waybill, the sender and haulier also state that they will comply with the conditions of the AVC 2002 during transport. You can download an English version of the AVC 2002 from the Vervoeradres Foundation website.
The AVC waybill is an important piece of evidence in case of damage during transport.
Liability haulier
According to the General Transport Conditions, the haulier is liable for:
- damage to the load
- losss of the load
- loss and/or damage as a result of delay
This does not apply if the haulier can demonstrate a case of force majeure. The haulier's liability is limited to a specific amount per kilo (AVC-limit, in Dutch). In the case of a delay, the haulier is liable for 1 or 2 times the price of the shipment.
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 (fragile) 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.