Terms and conditions

Fenex terms & conditions

We are EASY Road Transport, a young Dutch transport company specialized in transport between the Netherlands, Belgium, parts of Germany and the United Kingdom. We have a young and ambitious team with a strong focus on personal contact and care for our customers. Furthermore, we attach great importance to clarity and transparency, which is why we have formulated our terms and conditions as clearly as possible.

1.         Terms and Conditions

  • We act as “Forwarding Agent” and the Dutch Forwarding Conditions apply to all our activities, as filed by FENEX at the registry of the District Courts in Amsterdam, Arnhem, Breda and Rotterdam. We always use the most recent version of the conditions deposited by Fenex.
  • We have our own trailers, but because all our trailers are driven around by trucks of specially selected external carriers, we are therefore labelled as a forwarder according to the legislation.
  • We arrange the transport of our clients from A to Z but use external partners for pulling our trailers and for all matters relating to customs clearance.
  • Only these EASY Road Transport conditions in combination with the Fenex conditions apply to all our work. We expressly reject any other purchase terms or conditions.
  • Dutch law applies to all our agreements. Of course, we try to find a solution in the event of a dispute. If this is not possible, a Dutch court has exclusive jurisdiction.

2.       Damage, Liability and Insurance

  • According to international CMR regulations, our carriers are responsible for the trailer and the goods on board, so we are not liable for the goods during transport!
  • The liability of the carriers is limited based on (inter)national regulations. These limits often apply based on the weight of the goods. For international transport, the limits as included in the CMR convention apply.
  • We work exclusively with a network of reliable and qualified carriers. Unfortunately, it can always happen that goods are damaged or stolen during the transport. As a forwarder, we are never liable in this case. Of course, we help our clients to recover the damage from the liable party. In most cases, this is the carrier engaged by us.
  • Due to the applicable CMR limits, the amount of damage may be considerably higher than what can be recovered from the liability of our carrier. It can therefore be sensible and desirable for valuable goods to take out additional transport insurance in advance. We can advise on this and possibly offer additional insurance.

3.        Payment terms

  • We always check the creditworthiness of new clients before accepting an assignment. If the creditworthiness is sufficient, we accept the order on a payment term of 30 days after the date of invoice.
  • If the payment has not been credited to our bank account after 30 days, we have the right to charge extrajudicial collection costs. These collection costs amount to 10% of the claim with a minimum of €100.
  • We always provide our invoices with signed waybills as an attachment. In the unlikely event that these are not included, we can always provide them on request.

4.       Waiting Charges & Failed Freigth

  • We work together with different carriers, and we want to provide clarity and transparency for our clients. Usually, we calculate 2 hours for loading and unloading a FTL and 1 hour for groupage. In the unfortunate event that loading or unloading takes more time, we will have to add waiting charges to compensate our carriers. In these cases, we charge €60,- per hour.
  • If one of our drivers is kept waiting for a full day (more than 6 hours) we will charge a ‘waiting day‘ worth €600.
  • If an order is completely canceled at the last minute, we call this a ‘Failed Freight’. We only charge costs if cancelation is reported to us very late, so that we have already instructed our carriers. We charge 70% of the freight price when cancelation is 1 day in advance. When cancelation is on the day of loading, we charge 100% of the freight price. These are both common percentages used in the industry.

5.        Customs

  • We are not authorized to carry out customs clearances ourselves, for this we use reliable partners in the Netherlands and England. Through our partners, we can offer our customers to take care of the customs clearance (clearances and T1 documents).
  • In most cases, VAT and import duties are paid directly by the client. In this case, a ‘direct representation authorization’ is signed between the client and our customs partner. We can mediate in this, but are not a party in the final customs process.
  • We charge €50 for an export document, €60,- for an import document in the Netherlands, and €75 for an import document in the UK. We also charge €7.50 per additional product line for preparing the required customs documents.
  • We can work with different type of Incoterms (Ex Works, DAP, DPU, DDP, etc.). The assigned Incoterms must be clear upfront before we start loading the cargo.

6. Border Operating Model

  • Since January 1, 2022, stricter customs regulations apply in England. Our trailers can only be picked up from the terminal after the entire trailer has been cleared. If you or your customers arrange customs clearance, we assume that this is done before 15:00 hrs (NL) on the day of shipping. If the trailer goes in the evening boat, then 15:00 hrs (NL) applies to the next working day.
  • We will send all necessary information on the day of shipment, so that there is enough time to get the goods cleared before 15:00 hrs (NL).
  • We schedule a driver for the next working day to unload your cargo on the agreed date.
  • If the trailer is not available on the next working day, we run the risk that our driver will be without work. Naturally, we will do our utmost to reschedule in order to keep the driver busy. If this is unexpectedly not the case, then from the moment that the driver is ready to pick up your trailer from the terminal, the waiting fee starts to count (€60, – per hour).
  • If our driver is waiting for more than 6 hours because the trailer is not available, a waiting day will be charged (€600,-).
  • In addition, for each additional day that our trailer is stuck in port, a rate of €100,- per day will apply to cover our costs (trailer rental, quay fees, labour, etc.).

Disclaimer: This overview is not created to make a detailed and complete perspective on all rules and regulations. Most carriers work with their own terms and conditions, we can provide these to our clients on request. There are also a lot of international regulations (like CMR) that apply to all transport companies in Europe. We, or our carriers, all must follow these regulations. If something is not clear, please let us know and we will try to explain it!