Terms and conditions of Kalkhuis Transport BV
Last updated: 20-04-2026
These terms and conditions set out the basis on which Kalkhuis Transport B.V. ("we", "us", "our") provides its services and the rights and obligations that apply between the parties.
1. Applicability
These terms and conditions apply to all our activities, offers and agreements. The AVC 2002 (Dutch General Transport Conditions 2002) and, for cross-border carriage, the CMR Convention also apply to all our agreements. In the event of conflict, these terms and conditions prevail, unless mandatory law provides otherwise. The applicability of any purchasing or other conditions of the client is expressly rejected. Deviations are valid only if agreed in writing.
2. Rates and surcharges
All our rates are exclusive of VAT, unless expressly stated otherwise. We may charge a fuel and toll surcharge; this will be stated separately on the order confirmation or invoice. Additional costs resulting from incorrect or incomplete information provided by the client — such as weight, dimensions or temperature requirements — will be passed on. Likewise, any costs, fines or levies arising from acts or omissions of the client — including incorrect or incomplete documents, instructions or cargo data — will be charged in full to the client. Loading and unloading times are guaranteed by the client; waiting time exceeding the agreed free time will be charged as demurrage in accordance with the AVC 2002, at the hourly rate stated on the order confirmation.
3. Payment
Our invoices must be paid within 30 days of the invoice date. In the event of late payment, the client is in default by operation of law and we are entitled to charge the statutory commercial interest (Article 6:119a of the Dutch Civil Code) and extrajudicial collection costs in accordance with the BIK scale, with a minimum of € 75.00. In the event of payment default, we are entitled to suspend ongoing orders. We have a right of retention and a right of pledge over all goods and documents that we hold in connection with the agreement, until all outstanding claims have been paid in full.
4. Other activities
Insofar as we perform activities other than carriage — such as planning, advice, customs formalities or administrative handling — our liability for these is limited to the amount invoiced for those activities, except in the case of intent or wilful recklessness. Consequential damage, indirect damage and loss of profit are excluded.
5. Temperature-controlled transport
For temperature-controlled transport, the client must specify the required temperature range in writing when placing the order. In the absence of such a specification, we will act at our reasonable discretion and are not liable for temperature-related damage.
6. Cancellation
Cancellation by the client must be made in writing. We apply the following arrangement:
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More than 24 hours before the agreed loading time: no charge;
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Between 4 and 24 hours before the loading time: 50% of the agreed rate;
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Within 4 hours before the loading time or after the journey has commenced: 75% of the agreed rate.
7. Engagement of subcontractors
This article applies when we subcontract carriage to a subcontractor (carrier/charter).
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The subcontractor holds a valid transport licence and adequate, market-standard carrier/goods insurance with CMR cover, and demonstrates this at our first request;
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The subcontractor performs the assignment itself and does not further subcontract it to third parties without our prior written consent;
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The subcontractor follows our instructions regarding loading and unloading times, temperature, route and documents;
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All costs, fines, claims or damage arising from late arrival, non-appearance or other failures of the subcontractor will be recovered in full from the subcontractor, without prejudice to our other rights;
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Payment to the subcontractor takes place after receipt of a correct invoice and a complete and signed delivery document (CMR consignment note);
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The subcontractor is not permitted, during the cooperation and for twelve months thereafter, to do business directly with our clients whom it has come to know through us. In the event of a breach, the subcontractor forfeits an immediately payable penalty of € 10,000.00 per breach, without prejudice to our right to full compensation for damages;
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The AVC 2002 and the CMR Convention also apply to the relationship with the subcontractor.
8. Governing law and disputes
All our agreements are governed exclusively by Dutch law. We submit disputes to the competent court of the District Court of North Holland, location Alkmaar.
9. Amendments
We may update these terms and conditions from time to time. The most recent version is always published on our website.
10. Contact
Questions about these terms and conditions? Please contact us:
Kalkhuis Transport B.V.
Neutronweg 59, 1627 LG Hoorn, The Netherlands