1. The sender is obliged to pay the freight and other costs that are pressing on the goods when he hands over the consignment note or when the goods are received by the carrier.
2. If an unstamped consignment has been agreed, the addressee is obliged to pay the freight, the costs owed for other reasons in respect of the transport and further costs on the goods upon delivery of the goods by the carrier; if he did not comply with this on the first reminder, the sender is jointly and severally obliged to pay. If the sender has stated on the consignment note that the goods have not been paid without payment of the freight, of the costs due for other reasons related to the transport or of further costs on the goods, the carrier must, if no payment is made, takes place, ask the sender for further instructions that he must follow, insofar as this is reasonably possible, against compensation of costs, damage and possibly payment of a reasonable reward, unless these costs have arisen through his fault.
3. The carrier is entitled to charge all necessary extrajudicial and judicial costs incurred to collect the freight and other amounts, as referred to in paragraphs 1 and 2, to the person who is obliged to pay the freight and other costs. The extrajudicial collection costs are due from the moment that the debtor is in default and the debt has been handed over for collection.
4. The freight, the costs due for other reasons in respect of the transport and further costs related to the goods are also due if the goods are not delivered, only partially, damaged or delayed to destination.
5. An appeal to set off claims for payment of freight, the costs owed on other grounds in respect of the transport or further costs related to the goods with claims on other grounds is not permitted.
6. If the sender has not complied with his obligations referred to in this article, the carrier is authorized to suspend the departure of the means of transport and the damage caused by this will then be regarded as costly items.
1. The carrier has a right of lien on goods and documents in his possession in connection with the contract against any person who demands delivery thereof. This right does not accrue to him if, at the time he received the goods, he had reason to doubt the sender's authority to make the goods available.
2. The right of retention also pertains to that which, by way of COD, affects the goods as well as the commission due to him in connection with the COD, for which he does not have to accept security.
3. The carrier may also exercise the right of retention vis-à-vis the sender for that which is still owed in connection with previous contracts.
4. The carrier may also exercise the right of retention against the addressee, who acceded to previous contracts in that capacity, for that which is still owed in connection with those contracts.
5. If a dispute arises over the amount due or a calculation that is not required to be carried out promptly during the settlement, he / she who requests delivery, is obliged to immediately pay the part about which the parties owe and for payment. to provide security for the part he disputed or the part of which the amount has not yet been determined.
1. All goods, documents and monies that the carrier has in his possession in connection with the agreed activities serve as pledge for all claims that he has against the sender.
2. Except in cases where the sender is in bankruptcy, has been granted a moratorium or has been granted the debt rescheduling scheme for natural persons, the carrier is never entitled to sell the pledged goods without the permission of the judge in accordance with Section 3: 248 (2) of the Dutch Civil Code.
Parties owe statutory interest on an amount owed by them on the basis of art. 6: 119 BW.