Royal Den Hartogh Logistics is an established global bulk logistics service provider focused on managing and delivering smart logistics solutions to its customers. The Den Hartogh portfolio consists of five business units servicing the chemical, gas, dry bulk, and liquid food industries.
These General Terms and Conditions govern all business and contractual relations between Den Hartogh Holding B.V. including its affiliates, collectively referred to as “Den Hartogh”, and the “Customer” All offers, services and activities shall be governed by Dutch law. The District Court of Rotterdam shall have jurisdiction to hear claims arising therefrom, without prejudice to Den Hartogh's right to bring claims before any other court with jurisdiction.
In addition, the Logistics Services Conditions (LSC) of FENEX/TLN (latest version), with the forum/arbitration clause excluded, apply to offers, services and activities to the extent not mandatorily governed by a transport convention or the Den Hartogh House/Ocean Bill of Lading terms. For the avoidance of doubt, the customary conditions of carriage apply per surface transport leg, supplemented (where relevant) by the LSC for non‑carriage logistics. Where a mandatory transport convention applies, it has precedence over any national conditions of carriage and or sector specific terms and conditions / bylaws. The allocation is as follows:
| Service | Applicable legislation |
|---|---|
| Road Transport (international) | CMR (Convention relative au contrat de transport international de marchandises par route) |
| Road Transport (domestic) | AVC (Algemene Vervoerscondities) |
| Rail Transport | COTIF-CIM (Contrat de transport international ferroviaire des marchandises) |
| Barge / Inland Waterway | CMNI (Convention de Budapest relative au contrat de transport de marchandises par voies de navigation intérieure) |
| Ocean / Deep Sea Carriage by Den Hartogh as Carrier | Den Hartogh Bill of Lading Terms (HBL/MBL as applicable) and Hague Visby-Rules where mandatorily applicable |
| Ferry / Short Sea where carrier issues bill of lading | Carrier’s bill of lading terms; Hague Visby-Rules where mandatorily applicable |
| Freight Forwarding / Customs Brokerage | Logistics Services Conditions (latest) for logistics; if acting purely as forwarder, FENEX Forwarding Conditions (latest) |
| Onsite Logistics, Self-loading/discharge, Storage (intermediate/long-term), Heating, Equipment Rental, Cluster Services, Control Tower (4PL) | Logistics Services Conditions (latest) (forum/arbitration clause excluded) |
English shall be the authoritative and controlling language for all international business-to-business agreements. Any translations are furnished solely for convenience and shall not modify, expand, or restrict the interpretation of the English version. To the extent mandatory local law requires provision of a local-language version for purposes of enforceability, Den Hartogh shall supply such version alongside the English text.
International road transport is governed by the CMR Convention. AVC does not apply to cross-border road carriage.
The LSC applies only to logistics services that are not covered by a mandatory transport convention. If there is any conflict, the mandatory transport convention prevails.
In multimodal transport, each leg is governed by the legal regime applicable to that mode of transport. The maritime leg is governed by the relevant bill of lading. Any non-carriage logistics services are governed by the LSC.
Compliance with Laws
Each party shall at all times comply with all applicable sanctions, export control and trade compliance laws issued by the United Nations, the European Union, the United States, the United Kingdom, and any other relevant authority. Neither Party shall engage in any transaction involving sanctioned persons, entities, goods, end‑users, end‑uses, or jurisdictions, including any restricted or high‑risk countries designated under applicable regulations or internal company policies. Each party represents that it is not a sanctioned or restricted party, shall not redirect goods to sanctioned destinations, and shall promptly report any potential sanctions issues. Any breach of this clause entitles the non‑breaching Party to suspend performance or terminate the agreement with immediate effect, and the breaching Party shall indemnify the other for all resulting losses, penalties, or liabilities.
No Obligation in Restricted Transactions
Den Hartogh shall have no obligation to provide, and shall not be liable for any refusal to provide, any services that would result in a violation of Sanctions Laws, including but not limited to services involving any sanctioned country, territory, person, product or entity (“Restricted Transaction(s)”).
Suspension and Termination Rights
(a) If Den Hartogh reasonably determines that the performance of any service may constitute a Restricted Transaction or otherwise expose it, its affiliates, or its personnel to the risk of violating Sanctions Laws, Den Hartogh may immediately suspend or terminate the affected services without liability.
(b) Any such suspension or termination shall not constitute a breach, and the customer shall remain liable for all costs and charges incurred up to the date of suspension or termination.
Customer Representations and Warranties
The Customer represents, warrants, and undertakes that:
(a) it is not a sanctioned person, entity, or otherwise subject to restrictions under applicable Sanctions Laws;
(b) it shall not directly or indirectly request, cause, or permit Den Hartogh to engage in any Restricted Transaction; and
(c) it shall promptly notify Den Hartogh if it becomes aware that any transaction contemplated may involve a Restricted Transaction.
IndemnificationThe Customer shall indemnify, defend, and hold harmless Den Hartogh, its affiliates, and their respective officers, directors, employees, and agents against any and all claims, losses, damages, liabilities, penalties, costs, and expenses (including reasonable legal fees) arising out of or related to (i) any breach by the customer of its obligations under these Terms and Conditions, or (ii) any violation of Sanctions Laws in connection with the services provided hereunder.
Force Majeure Cross-Reference
For the avoidance of doubt, any refusal, suspension, or termination of services by Den Hartogh pursuant to these Terms and Conditions shall be deemed an excused non-performance under the Force Majeure provisions.
Battle of Forms
Insofar as the Customer, whether in its offer, order confirmation, general correspondence or any other legal act, refers to its own general terms and conditions, Den Hartogh hereby expressly, unequivocally and in full rejects the applicability thereof. Only the general terms and conditions of Den Hartogh shall form part of, and shall apply to, the agreement concluded between the parties within the meaning of Articles 6:213 et seq. of the Dutch Civil Code.
A reference by Den Hartogh to its own General Terms and Conditions does not affect the requirement that, pursuant to Article 6:225 paragraph 3 of the Dutch Civil Code, a valid rejection of the General Terms and Conditions invoked by the counterparty must be made expressly. Any failure to separately respond to a reference by the counterparty to its General Terms and Conditions shall under no circumstances be construed as explicit, implicit, or tacit acceptance thereof.
Survival
The provisions of these Terms and Conditions shall survive any termination or expiration.
Links to Den Hartogh Terms & Conditions: