FENEX • Forwarding conditions • Liability • Certainty
Dutch Forwarding Conditions (FENEX): the legal basis under every shipment
All activities of Trans Ocean Pacific forwarding B.V. are subject to the Dutch Forwarding Conditions (FENEX). These conditions have been filed with the district courts of Rotterdam and Amsterdam and apply to all our services and agreements. On this page you can read what that means, why it gives you certainty as a client and where to download the conditions.
In short: what are the FENEX conditions?
The FENEX conditions — officially the Dutch Forwarding Conditions — are the general conditions of FENEX, the Dutch trade association for freight forwarders and logistics service providers. They govern the legal relationship between client and forwarder: from the formation of the agreement and customs activities to liability and disputes.
The conditions apply to all TOP services: sea freight, air freight, intermodal transport, road transport, warehousing and customs matters. This way, every client knows in advance exactly which rules apply.
Why the FENEX conditions matter
FENEX is the official trade association for freight forwarders and logistics service providers in the Netherlands. The organisation has existed since 1905 and represents the interests of companies active in sea freight, air freight, road transport, warehousing and customs. FENEX develops standard conditions, provides legal support, organises training and consults with governments, customs and international parties on behalf of the sector. More information can be found at fenex.nl.
For clients, the Dutch Forwarding Conditions mean clarity above all. They set out what the forwarder does for you, how fees and costs work, who is liable for what and how disputes are resolved. Thanks to these clear conditions, mediation in disputes and reliable processes, every client knows their shipment is handled professionally.
Moreover, TOP is not just a member: the vice-chairman of FENEX is Jean Paul van Munster, CEO of TOP. This means the voice of our customers is directly represented at the top of Dutch logistics, and TOP actively helps shape the standards the entire sector works with.
What clients often underestimate
Many clients assume that in case of damage, the forwarder automatically compensates the full value of the goods. That is not the case: just as with carriers, a forwarder's liability is limited by law and contract. Under the FENEX conditions, that liability is capped at 4 SDR per kilo of damaged or lost weight — roughly 5 euros per kilo. For valuable goods, that often covers only a fraction of the actual damage.
That is why professional forwarding also includes a proper conversation about risks. If you want the full value of your shipment covered, you arrange that with transport insurance — which compensates the actual value, regardless of who is liable. TOP advises per shipment which cover is appropriate.
A second misconception is that "forwarder" and "carrier" are the same. Legally, the difference is significant: a forwarder arranges the transport, a carrier performs it. Different conditions and different liability regimes apply to each role. Clear agreements on delivery terms via Incoterms additionally prevent misunderstandings about who arranges and pays for what.
Practical example
A company has TOP arrange a 1,000-kilo shipment of machine parts from Asia to Rotterdam. Part of the cargo is damaged en route. Because the FENEX conditions apply, it is crystal clear in advance how the claims process works and where liability lies — in this case a maximum of 4 SDR per damaged kilo. Because TOP had also advised transport insurance at booking, the full value of the damaged parts is compensated and the settlement is completed within a few weeks.
Forwarder or carrier: who is liable for what?
The distinction between forwarder and carrier determines which conditions apply. Below is a simple comparison.
FENEX in facts: sources and methodology
The facts below come directly from the Dutch Forwarding Conditions and legal sources, and were verified for this page in August 2026.
1 May 2018 — The current Dutch Forwarding Conditions were filed with the registries of the district courts of Rotterdam and Amsterdam.
4 SDR per kilo — Under the FENEX conditions, the forwarder's liability is limited to a maximum of 4 SDR per kilo of damaged or lost weight: roughly 5 euros.
Source: Stellicher lawyers, on the FENEX conditions (in Dutch)
Arbitration — Under Article 23 of the conditions, disputes are decided by three arbitrators in accordance with the FENEX arbitration rules, to the exclusion of the ordinary courts.
Source: FENEX, Dutch Forwarding Conditions, Article 23 (PDF, in Dutch)
Download the Dutch Forwarding Conditions
TOP declares the Dutch Forwarding Conditions (FENEX) applicable to all its services. You can download the conditions below in your preferred language; the official Dutch version is also available at fenex.nl. The conditions are available in Dutch, English, German and French — convenient for international clients and their legal departments.
Questions about a specific provision, or want to know what the conditions mean for your shipment? Feel free to get in touch — TOP explains it clearly, without legal jargon.
How TOP organises this in practice
At TOP, the FENEX conditions are not small print after the fact, but part of a transparent way of working. Every quote and order confirmation makes clear that the Dutch Forwarding Conditions apply, what the division of roles is and where liability lies. So you know where you stand in advance — not only when something goes wrong.
In addition, TOP actively advises on covering risks that fall outside the forwarder's liability, such as transport insurance for the full value of your goods. And because TOP combines customs handling, transport and warehousing, there is one point of contact for the entire chain — including the conditions under which the work is done. Status information can also be shared in real time via the TOP platform with API integrations.
Want to know what this means for your goods flow? Request a quote, prepare your shipment via book a shipment, or schedule an introduction with TOP.
Which companies is TOP suitable for?
TOP is suitable for companies that trade internationally and value clear agreements. These can be SMEs working with a forwarder for the first time, but also multinationals whose legal departments want to know exactly under which conditions contracts are made.
Boards mainly want certainty and manageable risks. Logistics managers want claims and disputes handled smoothly. Procurement and legal look at conditions, liability and insurability. TOP understands that these interests come together in one clear contractual framework.
That is why TOP works in an advisory and practical way. No legal jargon, but clear explanations of roles, risks and next steps. For general developments in the transport sector, TOP also refers where relevant to industry information from Transport en Logistiek Nederland.
TOP is not a standard freight forwarder
TOP helps companies with a practical combination of sea freight, air freight, intermodal transport, customs, warehousing, rail and barge — with the Dutch Forwarding Conditions as a clear legal basis and a CEO who, as vice-chairman of FENEX, helps shape the sector's standards. Its strength lies in organising, explaining and following up on the entire logistics chain.
Frequently asked questions about the FENEX conditions
What are the FENEX conditions?
The FENEX conditions, officially the Dutch Forwarding Conditions, are the general conditions of trade association FENEX. They govern the legal relationship between client and forwarder, from fees and customs activities to liability and disputes.
What is FENEX?
FENEX is the Dutch Organisation for Forwarding and Logistics: the official trade association for freight forwarders and logistics service providers, founded in 1905 and based in Rotterdam. The vice-chairman of FENEX is Jean Paul van Munster, CEO of TOP.
Why does TOP apply the FENEX conditions?
The conditions give both parties clarity in advance about roles, costs, liability and dispute resolution. They are the standard in the Dutch forwarding sector and ensure every shipment is handled under professional, verifiable agreements.
How limited is a forwarder's liability?
Under the FENEX conditions, liability is limited to a maximum of 4 SDR per kilo of damaged or lost weight, roughly 5 euros per kilo. For the full value of a shipment, you take out transport insurance.
What happens in case of a dispute?
Under Article 23 of the Dutch Forwarding Conditions, disputes are decided by three arbitrators in accordance with the FENEX arbitration rules. This is generally faster and more specialised than going to the ordinary courts.
In which languages are the conditions available?
The Dutch Forwarding Conditions are available in Dutch, English, German and French. You can download them via this page or via the FENEX website.
Conclusion: clear conditions, worry-free handling
The Dutch Forwarding Conditions give every shipment a clear legal basis: everyone knows in advance what the agreements are, where liability lies and how any dispute will be resolved. That is exactly what you may expect from a professional logistics partner.
TOP declares the FENEX conditions applicable to all its services and ensures worry-free handling from A to Z — with clear advice on the risks you can additionally cover.
Discuss your shipment with TOP
Want to know what the FENEX conditions mean for your import or export shipment, or receive a price right away? TOP is happy to take a look with you.
Request a quoteWant to know more about Trans Ocean Pacific forwarding? Visit the TOP homepage.
Last updated: August 2026. Sources: FENEX and Stellicher lawyers. Online findability and AI readiness of this page in collaboration with HEF Digital.