Article 1 – Definitions

In these general terms and conditions, the following definitions apply:

• Contractor: Harmelink Trucking & Transport B.V., located in Vriezenveen, registered with the Chamber of Commerce under number 94108811.
• Client: Any natural or legal person who enters into an agreement with the contractor.
• Transport: The carriage of goods by road, domestically or internationally.
• Agreement: Any arrangement between the client and the contractor regarding transport, logistics, or related services.

Article 2 – Applicability

These general terms and conditions apply to all offers, assignments, and agreements relating to transport and logistics services of Harmelink Trucking & Transport B.V.
Deviations from these terms and conditions are only valid if agreed upon in writing.
The General Transport Conditions 2002 (AVC), most recently amended in 2015, apply to domestic road transport. For cross-border transport, the CMR Convention applies.

Article 3 – Formation of the agreement

An agreement is established as soon as the assignment has been confirmed in writing by the contractor or as soon as the contractor has actually started execution.
Oral commitments or arrangements are only binding on the contractor if confirmed in writing.

Article 4 – Obligations of the client

The client is obliged to provide accurate and complete information regarding the nature, quantity, weight, and value of the goods to be transported.
In the case of hazardous materials, the client must expressly notify the contractor in advance, including the relevant documents (such as ADR).

Article 5 – Liability

The liability of Harmelink Trucking & Transport B.V. is limited in accordance with the provisions of the AVC and/or the CMR Convention.
The contractor is not liable for indirect damages such as consequential loss, loss of profit, or delay damages, unless caused by intent or gross negligence.
Damage to the goods or irregularities must be reported by the client to the contractor in writing before or on the day of delivery. Failing this, any right to compensation lapses.

Article 6 – Force majeure

In the event of force majeure, Harmelink Trucking & Transport B.V. is entitled to suspend or dissolve the agreement without being liable for compensation.
Force majeure includes, among others: natural disasters, war, strikes, traffic obstructions, government measures, pandemics, and other unforeseen circumstances.

Article 7 – Payment

Invoices must be paid in full within 28 days of the invoice date, unless otherwise agreed in writing. If this period is exceeded, the contractor is entitled to charge a credit limitation surcharge of 2.5% on top of the original invoice amount.
If payment is not made, the client is in default by operation of law and statutory (commercial) interest is due from the due date.
All judicial and extrajudicial collection costs are fully borne by the client, with a minimum of €150.

Article 8 – Suspension and termination

Harmelink Trucking & Transport B.V. has the right to suspend performance of the assignment or terminate the agreement if the client fails to meet its obligations.
Termination does not affect the right to claim damages.

Article 9 – Applicable law and competent court

All agreements are governed exclusively by Dutch law.
Disputes will be submitted exclusively to the competent court in Almelo.

Article 10 – Special provisions for trailer and charter transport

Use of client’s trailers

If Harmelink Trucking & Transport B.V. uses trailers or other equipment owned by the client, Harmelink Trucking & Transport B.V. is only liable for damage to such equipment in cases of intent or gross negligence.

Insurance of provided equipment

The client is obliged to provide proper insurance for trailers and other transport equipment made available to Harmelink Trucking & Transport B.V. Damage to or loss of these means, other than due to intent or gross negligence of the contractor, is at the client’s expense.

Charter work and subcontracting

When performing transport assignments in the form of charter work (subcontracting), Harmelink Trucking & Transport B.V. is not responsible for damage or delays caused by external planning systems, loading locations, waiting times, documentation, or other factors beyond its direct control.

Cargo securing

The client is responsible for providing accurate and complete instructions regarding cargo securing. If Harmelink Trucking & Transport B.V. acts in accordance with the instructions received, it is not liable for cargo damage unless caused by intent or gross negligence.

Loading and unloading by third parties

If loading and/or unloading is carried out by third parties, such as personnel of the client or recipient, Harmelink Trucking & Transport B.V. is not liable for damage caused during these operations.

Pallets and packaging

1. Unless otherwise agreed in writing, Harmelink Trucking & Transport B.V. does not exchange pallets.
2. If pallet exchange has been explicitly agreed, the client must ensure that the pallets to be exchanged are of equal quality and immediately available at unloading.
3. If exchange pallets are not available or not provided in time, Harmelink Trucking & Transport B.V. reserves the right to charge these at the then-current market price.
4. Harmelink Trucking & Transport B.V. accepts no liability for damage or loss of pallets or other packaging, unless caused by intent or gross negligence.

Company details

Harmelink Trucking & Transport B.V.
Bedrijfsweg 21
7671 EG Vriezenveen
Chamber of Commerce: 94108811
VAT number: NL866638957B01
Phone number: (0031) 546 574 117
Email: info@harmelinktrucking.com
Website: www.harmelinktrucking.com