Terms and conditions
These terms and conditions are intended exclusively for agreements with business clients, companies and independent entrepreneurs (B2B). They are not intended for consumer agreements.
Definitions and scope
“Dias Imela Logistics” means Dias Imela Logistics, registered with the Dutch Chamber of Commerce (Kamer van Koophandel) under number 86649779. “Client” means any business counterparty requesting logistics services, transport coordination, brokerage or carriage from Dias Imela Logistics.
These terms apply to all quotations, order confirmations, agreements and follow-up assignments of Dias Imela Logistics unless otherwise agreed in writing. Any purchasing or other terms of the Client are expressly rejected unless Dias Imela Logistics has accepted them in writing in advance.
These terms and conditions are made available to the Client electronically before or at the time the agreement is concluded, in a manner that allows them to be stored and consulted later. By accepting a quotation or order confirmation, the Client also accepts the applicability of these terms.
Quotations and formation of assignments
Quotations are without obligation and, unless stated otherwise, valid for fourteen days. An assignment is formed as soon as Dias Imela Logistics confirms it in writing or electronically, or when performance begins with the Client’s consent.
The order confirmation determines, among other things, the nature of the service, loading and unloading location, schedule, rate, special circumstances and, where relevant, the capacity in which Dias Imela Logistics acts.
Performance and use of transport partners
Dias Imela Logistics may engage independent carriers, charters, subcontractors and other professional transport partners to perform assignments. The actual carrier must itself hold all permits, insurance policies, vehicle documents and other requirements legally necessary for its work.
Dias Imela Logistics selects an appropriate method of performance unless the parties have agreed specific requirements in writing in advance.
Client obligations
The Client must provide in good time all information required for safe and proper performance, including correct loading and unloading addresses and contact persons; the nature, quantity, dimensions and weight of the goods; the requested date and relevant time windows; special loading, unloading, access or delivery instructions; and information concerning fragile, valuable, regulated or otherwise special goods.
The Client warrants that this information is accurate and complete and that the goods are properly packaged and suitable for transport, unless otherwise agreed in writing.
Special and excluded goods
Dangerous goods, waste, live animals, cash, securities, weapons, very high-value goods, temperature-sensitive goods and other special cargo are only transported or arranged after express written acceptance by Dias Imela Logistics and provided all legal requirements are met.
Planning, delays and delivery times
Stated loading, driving and delivery times are schedules and not strict deadlines unless expressly agreed otherwise in writing. Dias Imela Logistics will use reasonable efforts to perform the agreed schedule carefully and will notify relevant deviations as soon as reasonably possible.
Where applicable, transport liability and delay are governed by the AVC 2002, the CMR Convention and other mandatory transport law.
Waiting time, additional stops and additional work
Additional waiting time, extra stops, detours, futile journeys, return trips, storage, parking, toll, ferry or other additional costs not included in the original assignment and not attributable to Dias Imela Logistics may be charged separately.
If no rate for such additional work has been agreed in advance, a reasonable rate appropriate to the additional work and costs will apply.
Cancellation or amendment by the Client
A cancellation or material amendment must be communicated in writing as soon as possible. Dias Imela Logistics may charge reasonable costs incurred as a result, including reserved capacity, futile mileage and costs of third parties already engaged.
In the event of a very late cancellation, up to the full agreed amount for the relevant assignment may be charged if the reserved capacity cannot reasonably be deployed elsewhere.
Prices, invoicing and payment
All prices exclude VAT and other levies unless expressly stated otherwise. The payment term is stated on the invoice or order confirmation. If no term is stated, payment is due within fourteen days of the invoice date.
In the event of late payment, the Client owes the statutory Dutch commercial interest without further notice of default, together with reasonable extrajudicial collection costs to the extent permitted by law. Mandatory statutory maximum payment periods remain unaffected.
Suspension
If the Client fails to meet a due payment obligation or there are reasonable doubts about its ability to pay, Dias Imela Logistics may suspend new or not yet performed work to a reasonable extent, insofar as mandatory transport law does not prevent this.
AVC 2002 and CMR
For domestic contracts of carriage in which Dias Imela Logistics contracts as carrier, the General Transport Conditions 2002 (AVC 2002), as established by Stichting Vervoeradres, apply additionally unless expressly agreed otherwise in writing. The AVC 2002 are made available before or at the conclusion of the agreement or incorporated in another legally valid manner.
The CMR Convention applies to international carriage of goods by road where its statutory conditions are met. Mandatory provisions of the CMR prevail over conflicting provisions in these terms or other agreements.
Liability outside transport liability
To the extent, and only to the extent, that liability is not governed by mandatory transport law, the AVC 2002, the CMR Convention or other mandatory provisions, Dias Imela Logistics is only liable for direct loss resulting from an attributable failure to perform.
In that case, liability is limited to the amount paid under the applicable business or liability insurance. If, for any reason, no insurance payment is made, liability is limited to the invoice amount of the relevant assignment. This limitation does not apply in cases of intent or conscious recklessness by the management of Dias Imela Logistics.
Liability for indirect loss, consequential loss, loss of profit, lost savings and business interruption is excluded to the extent permitted by law.
Cargo insurance
Carrier’s liability insurance is not the same as comprehensive cargo or transport insurance. The Client is responsible for insuring the goods against risks that fall outside statutory or contractual carrier liability unless otherwise agreed in writing.
Force majeure
For obligations not governed by mandatory transport law, Dias Imela Logistics is not liable for a failure caused by circumstances reasonably beyond its control, including serious traffic disruption, government measures, border closures, strikes, extreme weather, disruption of essential infrastructure or failure of third parties that could not reasonably have been prevented.
Damage, complaints and investigation
Visible damage, loss, delay or other irregularities must be reported upon delivery or as soon as possible thereafter so that an investigation can take place. For carriage, the specific notification and limitation periods under the AVC, CMR and applicable law apply.
Complaints regarding other services must be submitted in writing as soon as possible after discovery, with a clear description and relevant evidence.
Independent transport partners and contractors
An independent transport partner performs its work as an independent business and is responsible for its own taxes, contributions, insurance, vehicle costs, permits and compliance with employment, transport and road traffic law.
Cooperation with an independent contractor or transport partner is based solely on separately agreed assignments. These terms do not create an employment relationship, exclusivity or a guarantee of any minimum number of assignments.
Before starting work and thereafter on first request, the transport partner must provide evidence of a valid Eurovergunning where required, appropriate commercial vehicle insurance, carrier’s liability insurance and all other legally required vehicle, driver and transport documents. Any change, suspension or expiry must be reported to Dias Imela Logistics without delay.
To the extent permitted by law, the transport partner indemnifies Dias Imela Logistics against third-party claims, losses, costs and administrative sanctions arising directly from missing or invalid permits, insurance policies or documents required for the transport partner, or from a breach attributable to the transport partner.
Confidentiality and personal data
The parties will handle confidential business information received in connection with an assignment with due care. Personal data is processed where necessary for contact, performance, administration and compliance with legal obligations. Further information is provided in the privacy statement on the website.
Applicable law and disputes
Agreements with Dias Imela Logistics are governed by Dutch law, subject to mandatory provisions of the CMR Convention and any other applicable mandatory international law.
Disputes not subject to a mandatory special jurisdiction rule will be submitted to the competent Dutch court. The parties will first attempt to resolve the dispute amicably.
Amendments and validity
Dias Imela Logistics may amend these terms. The version made available to the Client before the relevant agreement was concluded, or otherwise validly incorporated, applies to that assignment.
If any provision is invalid or unenforceable, the remaining provisions remain in force. The parties will replace the invalid provision with a valid provision that comes as close as possible to its intended purpose.
Apeldoorn, Netherlands
86649779
August 2026