Dutch Forwarding Conditions (FENEX)

The Dutch Forwarding Conditions (FENEX) apply to the forwarding activities performed by Trans Ocean Pacific Forwarding B.V. These conditions have been filed with the courts in Amsterdam and Rotterdam.

Separate conditions may apply to certain additional or digital services. The applicable conditions will be specified in the relevant order, agreement or digital service.

What is FENEX?

FENEX is the Dutch industry association for freight forwarders and logistics service providers. Founded in 1905, the organisation represents the interests of companies involved in activities such as ocean freight, air freight, road transport, warehousing and customs services.

FENEX contributes to a professional and reliable logistics sector and supports its members with legal, operational and societal developments.

What does FENEX do for freight forwarders?

FENEX develops standard conditions and model legal documents, provides support, organises training programmes and represents the sector in consultations with governments, customs authorities and other national and international organisations.

As a freight forwarder, TOP uses this knowledge and support to keep its services and processes aligned with new legal, digital and logistics developments.

Also relevant to importers and exporters

Clear agreements are important to both freight forwarders and their clients. The Dutch Forwarding Conditions cover matters including the rights and obligations of the parties involved, liability and the handling of potential disputes.

TOP specifies which conditions apply to its orders and agreements. This ensures that every client understands the legal framework under which the services are performed.

Platform conditions for digital services

In addition to physical forwarding and logistics services, TOP offers digital services through myTOP. This online platform allows clients to book shipments, access documents and track the progress of their shipments.

Digital platform services are legally different from traditional forwarding activities. FENEX therefore introduced separate Platform Conditions for freight forwarders’ digital services in 2026.

When the Platform Conditions apply to a digital service provided by TOP, they will be made available as part of the relevant platform agreement, order or digital acceptance process. The agreement may specify the available functionality, authorised users and applicable conditions of use.

FENEX Arbitration Rules 2026

FENEX revised and modernised its Arbitration Rules in 2026. The updated rules have applied to new FENEX arbitration proceedings since 1 August 2026.

The rules describe how arbitration proceedings are initiated and conducted. New arbitration cases can also be submitted through FENEX’s online application form. The applicable rules and dispute resolution procedure depend on the relevant agreement and conditions.

Legal support relating to CBAM

The introduction of the Carbon Border Adjustment Mechanism, commonly known as CBAM, can create financial risks for customs representatives. These risks include the purchase and settlement of CBAM certificates.

FENEX has developed a model bank guarantee for this purpose. In specific situations, this guarantee can provide security for a client’s payment obligations towards a freight forwarder or customs representative. The need for such security is assessed separately for each client, import flow and agreement.

Why TOP chooses FENEX

TOP believes in strong collaboration and clear agreements throughout the logistics chain. FENEX provides legal support, up-to-date expertise and a professional network.

For our clients, this provides a clear framework for the performance of logistics and digital services. TOP works with transparent conditions, certified processes and a team that stays informed about developments in freight forwarding, customs and international logistics.

Do you have questions about the Dutch Forwarding Conditions, our digital services or any other applicable conditions? Please contact us .