1. General
1.1 Coyote Logistics Nederland B.V. and/or Coyote Logistics UK Ltd, hereafter named “Coyote”, only acts as a freight forwarder for and on behalf of its client, hereafter referred to as “customer”. In case of custom services, Coyote only acts as an intermediary between the customer and the customs agent.
1.2 In addition to the below mentioned terms, the Dutch Forwarding Conditions of the FENEX version May 2018 (which can be downloaded here) apply to all services performed by Coyote and all legal relationship between Coyote and the customer. The Dutch Forwarding Conditions provide for the application of Dutch law and for arbitration in accordance with the FENEX Rules of Arbitration. By signing this form or by providing Coyote with an order, the customer agrees to the terms mentioned in this form and acknowledges that all other terms and conditions are explicitly rejected/not applicable. This includes but is not limited to any statements or terms listed on customer’s purchase orders, invoice, confirmations or any customer generated documents.
1.3 Any order request from the customer needs to be confirmed by a separate electronic/digital “Order Confirmation” issued by Coyote. Coyote is under no obligation to accept an order. Without an Order Confirmation there is no contractual obligation resting on Coyote.
1.4 The customer will refrain from directly placing orders with carriers or custom agents which have been before instructed via Coyote on behalf of the customer.
1.5 Coyote may modify the present Credit Terms at any time by posting a revised version on www.coyotelogistics.com website or CoyoteGO application. Coyote shall provide written notice to customer to this effect. If customer does not raise any objection at the time of notification and up to 5 working days following effective date of entry into force of any adjustment to the present terms, customer agrees to Coyote’s provision of services on the basis of latest revision.
2. Services
2.1 Coyote does not deal with and/or handle the below mentioned goods and the customer guarantees that any order given does not concern the following goods:
- Stamps, vouchers, tokens and/or tickets of any kind, credit and/or debit and/or cash dispenser cards of any kind, negotiable securities and any other documents negotiable as or equivalent to cash and non-negotiables such as (by way of example only and not by way of limitation) crossed cheques, time sensitive or critical written material or documents, bullion and money of every description (cash, bank notes, coins, currency notes or currency of any kind).
- Livestock, bloodstock and living creatures.
- Any goods which are contraband or in an illegal trade.
- Any goods whilst under their own power except
- –during the course of loading and/or unloading, or
–whilst being moved within a storage locations or any port confines. - Any goods whilst being towed except whilst loaded in or on a trailer, container or other recognised transport unit.
2.2 The customer is obliged to fully provide Coyote with all relevant information and documents regarding the goods, which includes but is not limited to the type, nature, numbers, quantity, weight, measurements, value, marks, custom status, any special features etc. of the goods. The customer guarantees that the information and documents provided are complete and accurate.
2.3 Coyote has the right to cancel a confirmed order with a 48 hours’ notice (excluding weekends and bank holidays) without any further consequences for Coyote.
2.4 A customer may cancel an order without incurring any charges with a 24 hours’ minimum notice (excluding weekends and bank holidays). If the order is cancelled with a notice of less than 24 hours but not less than 12 hours, 30% of the agreed (freight) charges are due. If the order is cancelled with a notice of less than 12 hours but the truck or other means of transport has not yet arrived on site, or been dispatched to site, 50% of the agreed (freight) charges are due. If the truck is already on site or has been dispatched to site, 70% of the agreed (freight) charges are due in case of a cancellation.
2.5 The customer must ensure proper packaging, labelling, documentation and compliance with all applicable laws and regulations.
2.6 Coyote and the carrier instructed by Coyote on behalf of the customer are not obliged to load and/or unload the cargo.
2.7 Coyote does not guarantee any loading and/or discharge times unless agreed and confirmed by Coyote.
2.8 The free time to load or unload the truck is 2 hours after the arrival of the truck. The customer has to pay a fee/demurrage of € 35/ £35 for every hour waiting time after the free time has passed. The same applies to waiting hours in connection with custom formalities.
2.9 Additional charges may arise due to reasons which were not foreseeable but render the provision of services more difficult.
3. Payment
3.1. If the customer was not informed differently, the customer must complete payment of Coyote’s invoices within 30 days after the receipt of the electronic invoice from Coyote.
3.2. Customer has no right to offset or deduct any amounts from Coyote’s invoices. Payments must be made irrespective of availability of certain documents (e.g. consignment notes or proof of delivery). In case of late payment additional charges, including interest will apply.
3.3. Different payment terms and other terms may apply depending on the credit score of the customer. Coyote will carry out credit checks with a provider of its choice to determine the credit score and to assign a credit limit to a customer. Coyote has the right to regularly revise the credit scores and limits and to change payment terms, demand advance payment or to stop the cooperation entirely (e.g. in case of low credit score or non-payment).
4. Claims
4.1 In case of delay, loss and/or damage to the cargo, Coyote has the right to appoint a surveyor and to carry out an investigation. The customer is obliged to cooperate and to provide all information and documentation necessary to assess the nature and the extent of damage. Coyote will provide the customer with all information and documentation made available to Coyote by the carrier.
4.2 The possible liability of Coyote is determined in accordance with the Dutch Forwarding Conditions. In addition Coyote is not liable for claims related to death, personal injury, property damage and/or environmental pollution arising out of or in connection with the goods of the customer. The customer shall fully indemnify, defend and hold harmless Coyote against all claims, demands, actions and/or proceedings which are made/instituted by third parties arising out or in connection with the forgoing.