The guiding principle for our claims handling is the Dutch Civil Code, Book 8, which is entirely dedicated to Transport Law and Means of Transport. For Transport within the Netherlands, the latest version of the 2002 General Conditions of Transport (AVC Conditions) apply. For cross-border transport, the terms of the CMR Convention (Convention on the Contract for the International Carriage of Goods by Road) apply. All contracts of carriage are exclusively governed by the laws of the Netherlands.
According to Article 10 of the AVC, the carrier is liable for damage to, or loss of goods, with the exception of force majeure. Article 11 states a number of special risks that discharge the carrier from his liability. For instance: When packaging is missing or defective, incomplete or insufficient address (“figures, letters or marks of the items”).
The nature of certain goods, such as fire, explosion, melting, breakage, corrosion, deterioration, drying out, leakage or loss of quality due to vermin.
In addition, jewellery, securities, coupons, specimen, documents, radioactive substances, antiques, collectors’ items with collector’s value, computer software, fragile glassware, crystal, porcelain or ceramics always fall outside our liability in accordance with both sets of conditions referred to above.
Limitation of the Carrier’s Liability
Goods are not insured during transport, unless the shipper has arranged otherwise. We recommend that, based on the value of the goods, you assess with your insurer whether or not it is desirable to take out insurance for goods in transit. Transport within the Netherlands is covered by the statutory AVC Conditions. This means, among other things, that you can hold the carrier liable for a maximum of €3.40 gross compensation per kilo lost. For our Pakket Plus product liability is increased to a maximum of €450. For cross-border transport, the CMR Convention applies. Under the Convention any liability is a maximum of approximately SDR 8.33 gross compensation per kilo lost, in which the invoice amount is the guiding factor. The current SDR rate (Swiss Gold Franc) can be found on / calculated on the website www.xe.com/ict.
In the event of damage or loss, we will proceed in accordance with the applicable conditions. Our acceptance of liability may also serve as the starting point for the additional indemnification by your insurer.
Loss Due to Delay
If we are liable for not having delivered within the term agreed or a reasonable term of 30 days, the loss due to delay is limited to once the freight. If a TransPlus Time Frame Delivery is concerned, the loss due to delay will be limited to twice the freight. Any claims will lapse after 12 months from the date of shipment.
Reporting Loss and Damage and Handling Procedure
For the handling procedure we distinguish day and night shipments.
Night shipments: deliveries and pick-ups take place between 6pm and 8am. The deliveries are ‘document-free transport’ and are therefore not accompanied by a waybill.
Day shipments: inland deliveries and pick-ups taking place between 8am and 6pm.
As a rule, we will reject all liability once the receiver signed for proper receipt of the goods. When damage or loss is discovered the driver will record this on the waybill, or the receiver will indicate the reservation for receipt on the waybill. The receiver and/or shipper will have to report this to our customer service on email address: firstname.lastname@example.org. The report is always to contain the shipment number and - as a matter of course - the consecutive number of the package concerned. And in case of damage, preferably accompanied by (digital) photographs.
Our Customer Service Department will immediately confirm receipt of the report, state the name of the member of staff to handle it and the action taken or to be taken.
If the damage was not visible on the outside, usually proper receipt has been signed for. If the receiver can convincingly argue that the carrier is liable for the damage, we will handle the report within 5 working days, however, we can never be held liable for inadequate packaging or stowage.
Take care to never create uncertainty about what is actually missing. The receiver only signs for the number of packages or pallets actually received.
When damage or loss is discovered, the driver has the obligation to leave a TransNight discrepancy form with the receiver. The receiver and/or shipper also have to immediately report this to our TransNight Customer Service on email address: email@example.com. Damage has to be reported before 10am, preferably accompanied by a (digital) photograph. The report for missing goods has to be made known to our Customer Service within 36 hours, counting from 8pm of the delivery day. The report is always to contain the shipment number and - as a matter of course - the consecutive number of the package concerned and a description of what is lost. If a dealer or workshop number are relevant that should also be stated. Our Customer Service Department will immediately confirm receipt of the report, state the name of the member of staff to handle it and the action taken or to be taken.
Document-free Transport for TransNight
In 2005, the regime for the waybill was relaxed for the distribution segment as part of administrative simplification. For TransNight we utilize this possibility. The ICT-systems ensure a fast, error-free information flow from the PDCs to the dealers, workshops and other delivery addresses, rendering a physical waybill unnecessary.
Claim for Liability
If you want to hold us liable for damage or permanent loss, please send a claim to: firstname.lastname@example.org.
Within 5 working days after we have received your report, we will send you a notice of investigation with our file number.
In the event of permanent missing of goods you can hold us liable within 14 days. That claim has to be accompanied by:
Purchase invoice / cost price calculation and/or invoice for repairs.
The net weight of the missing goods.
Bank account number to pay the awarded compensation into.
In the event of damage the following information has to be enclosed:
Invoice for repairs and/or purchase invoice, or a cost price calculation or an expert report.
The net weight of the damaged goods or their parts concerned. Photograph of the damaged goods and the packaging.
Bank account number to transfer the awarded compensation to.
We will send you a substantiated decision within 4 weeks. If we recognize our liability, it will be settled within four weeks. It should be noted here, perhaps superfluously, that the compensation we owe due to non-performance of our obligations is limited. For damage other than damage as a result of loss of or damage to the goods, such as consequential damage, business interruption or immaterial damage, we cannot be held liable under the transport contract.
Do you want to insure your goods in transit? That is possible! In many cases you can have this arranged by your insurer. Is it more convenient for you to let us take care of it?