Declaration of applicability of the forwarding conditions by the principal

The Court of Rotterdam has recently rendered a, not (yet) published, judgment about the applicability of forwarding conditions. Normally, the forwarder invokes the forwarding conditions. In this case the principal relied on the forwarding conditions.


FENEX arbitration and contracts of carriage

The FENEX conditions (the general conditions of the Dutch Association for Forwarding and Logistics) are a household name in the Dutch logistics sector. The majority of freight forwarders and logistics providers operate under the applicability of these terms and conditions.

The FENEX conditions deal with a number of topics relevant to the daily operations of a freight forwarder. For example the method of payment and payment deadlines, the obligation of the client to compensate costs such as container demurrage, pledge and lien, and the liability regime including the limit of liability.


Reducing freight forwarding risks

Freight forwarding
The freight forwarder is at the heart of the (inter)national transport chain, a vital link between the shipper and the carrier. The freight forwarder enters into an forwarding agreement with its client (the shipper), where after it will enter into a contract of carriage with (inter alia) the carrier. If damage to the cargo would occur during the subsequent carriage the freight forwarder could remove itself from the equation regarding its client by issuing a ‘statement of forwarding agent’. The shipper can use that ‘statement of forwarding agent’ to go directly to the carrier to recover its damage/loss.