General Transport Conditions (AVC)
Do you transport goods by road in the Netherlands? This is subject to general terms and conditions in the General Transport Conditions (Algemene Vervoerscondities 2002, AVC). The sender and carrier agree whether they will use the AVC. This is usually done with an AVC consignment note (waybill).
The General Transport Conditions (pdf) comprise:
- the sender's duties
- the carrier's (haulier's) duties
- conditions for payment of the shipment
- particular risks
- storage agreements
If you transport goods cross-border other rules apply.
AVC waybill
In the AVC waybill, the sender and carrier set out agreements about the transport (transport agreement). The waybill states, among others:
- the type of goods
- the quantity and weight of goods
- the exchange of pallets
- the 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 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.
When is the haulier liable?
According to the General Transport Conditions, the haulier is liable for:
- damage to the load
- loss 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.
When is the haulier not liable?
The haulier is not liable for loss or damage is caused by special risks (article 11 in the AVC). These include:
- 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