What are General Conditions of Carriage?
Algemene Vervoerscondities (AVC) are standard conditions used in the Netherlands when transporting goods by road. These conditions govern the rights and obligations of both the carrier and the principal (shipper) and provide a basis for entering into a transport contract.
Important aspects of the General Conditions of Carriage
1. Scope and content of the AVC
The General Transport Conditions apply to the national and international carriage of goods by road within the Netherlands. The conditions contain provisions on topics such as liability, compensation, responsibilities of the carrier and shipper, and documentation requirements. It is important to study and understand the AVC in detail before entering into a transport contract.
2. Liability of carrier and shipper.
The AVC govern the liability of both the carrier and the shipper. The carrier is generally liable for damage to the goods in transit, unless such damage is caused by force majeure, negligence of the shipper, or an inherent defect in the goods themselves. The shipper is responsible for providing accurate and complete information about the goods and loading and unloading the cargo.
3. Limitations and exceptions
The AVC also contains limitations and exceptions to the liability of the carrier and the shipper. For example, these limitations may relate to certain types of goods or to certain circumstances, such as inadequate packaging or insufficient instructions from the shipper. It is important to be aware of these limitations and exceptions to avoid any disputes in the future.
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What is the difference between AVC and CMR?
Several bills of lading are used in the Netherlands, including the AVC bill of lading for domestic transport and the CMR bill of lading for international transport. Usually, these bills of lading are used electronically. It is important to verify that the country of destination has signed the e-CMR protocol before using the digital CMR waybill, also known as e-CMR, is used. If the country has not signed, you must use the traditional paper version of the CMR waybill.
Frequently asked questions about the General Conditions of Carriage (AVC):
How long should I keep a bill of lading?
It is wise to retain the bills of lading until the statute of limitations for filing claims has expired. The statute of limitations refers to the period of time during which claims can be filed under the contract of carriage.
In addition, the seven-year retention period required by the Internal Revenue Service for administrative documents, including bills of lading, must be considered if they are part of the required records. It is important to adhere to this retention period in order to comply with tax requirements.
How is the bill of lading structured?
The standard waybill consists of at least three copies: one for the sender, one for the carrier and one for the consignee. With the CMR/AVC waybill, the different parts usually have a specific color: red for the sender, blue for the consignee and green (and sometimes black) for the carrier. The AVC waybill has a brown print.
Each waybill has a unique number. Even if the same type of goods are transported repeatedly, such as between a distribution center and stores, the waybills can be distinguished by their unique numbers.
