These General Terms and Conditions (“Terms”) apply to all quotations, bookings and services provided by Iglobal Cargo (the “Company”). The Company acts exclusively as a freight forwarder and not as a contractual or actual carrier. The latest version of the Dutch Forwarding Conditions (Nederlandse Expeditievoorwaarden – FENEX) is incorporated by reference into these Terms.
1.1 These Terms apply to all quotations, bookings and services.
1.2 The Client accepts these Terms by requesting or accepting the Company’s services. Acceptance may be given by email.
1.3 Any terms and conditions of the Client are expressly rejected unless accepted in writing.
1.4 In the event of inconsistency between these Terms and the FENEX Conditions, these Terms prevail to the extent permitted by law.
The Company acts exclusively as a freight forwarder arranging transport and logistics services through third parties. It does not undertake carriage itself.
3.1 Goods must be properly packed, labelled and suitable for transport.
3.2 The Company may refuse unsafe, insufficiently packed or non-compliant Goods.
3.3 The Client shall provide all information necessary for handling, storage and transport, including temperature requirements where applicable.
3.4 Dangerous Goods must be declared before booking and accompanied by all documentation required under ADR, IMDG, IATA DGR or other applicable regulations.
4.1 The Client shall notify the Company before shipment if the Goods are military goods and/or dual-use goods that are subject to export controls, sanctions or licensing requirements, or intended for military end use.
4.2 The Client shall ensure that all relevant parties (including consignor, consignee, end user and intermediary) have been screened against applicable sanctions lists and that all required licences have been obtained.
4.3 The Company may refuse, suspend or cancel any shipment at any time without any liability where it reasonably believes that sanctions, export control or other legal compliance concerns exist.
The Client is responsible for providing complete and accurate information and documentation relating to the Goods. If the Client fails to do so, the Company may refuse, suspend or cancel any booking, shipment or services at any time and without liability. Any costs, losses, damages, fines, penalties or delays arising from such failure shall be borne by the Client.
6.1 Quotations are non-binding unless expressly stated otherwise.
6.2 Rates are based on the information provided by the Client.
6.3 Rates exclude VAT, customs duties, taxes, storage, inspections, demurrage, detention and other third-party charges unless expressly included.
6.4 The Company may revise rates following increases in carrier charges, fuel, exchange rates, governmental measures or other cost elements outside its reasonable control.
7.1 Customs services are performed solely on the basis of information supplied by the Client.
7.2 The Client is responsible for the correctness and completeness of customs documentation and shall reimburse the Company for duties, taxes, penalties or other amounts resulting from incorrect information.
Cargo insurance is arranged only upon the Client’s written request and acceptance by the Company. Unless agreed otherwise in writing, Goods are transported and stored at the Client’s risk.
9.1 Invoices are payable within fourteen (14) days unless agreed otherwise in writing.
9.2 The Company may require advance payment or security.
9.3 The Client may not suspend payment or set off claims.
9.4 Statutory commercial interest and reasonable collection costs apply to overdue amounts.
10.1 The Company’s liability shall be exclusively governed by the FENEX Conditions. Without prejudice to the foregoing, the Company shall not be liable for any indirect or consequential loss, including loss of profit, loss of business, goodwill or business interruption.
10.2 The Client agrees to indemnify, defend and hold harmless Company and its officers, directors, employees, and/or affiliates from any and all damages, liabilities, costs and expenses (including reasonable attorney’s fees and amounts paid in settlement) arising out of the negligence, willful misconduct, breach of these Terms, and/or breach of any statutory duty by the Client or its officers, directors, employees, affiliates and/or the relevant sub-contractors.
Track & Trace information is provided for convenience only. No rights may be derived from such information and the Company accepts no liability for inaccuracies or delays.
The Company may exercise any lien, right of retention or other security right available under the FENEX Conditions and applicable Dutch law.
If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall remain in full force and effect. No failure or delay by the Company in exercising any right or remedy shall constitute a waiver of that right or remedy. The Company may amend these Terms from time to time, and the version published on its website at the time of the booking or request for services shall apply. The Company may engage subcontractors in the performance of its services.
These Terms are governed by Dutch law. Disputes shall be resolved in accordance with the FENEX arbitration provisions, without prejudice to the Company’s right to bring claims before the competent Dutch courts where permitted.
The latest version of the Dutch Forwarding Conditions (Nederlandse Expeditievoorwaarden – FENEX) is incorporated by reference into and forms an integral part of these Terms.
