Terms and erms-conditions

Thank you for your interest in the services of Falki Express.

These general terms and conditions apply to all quotations, agreements, and purchases via Falki Express. The terms and conditions can be consulted via our website (www.falkiexpress.com).

Falki Express reserves the right to amend or supplement these general terms and conditions if there is reason to do so. The version of the general terms and conditions applicable to an agreement is always the version in force on the date of the relevant quotation or invoice.

1.1 Falki Express: the company acting as a logistics service provider and/or intermediary, arranging transportation, storage and related services, and assisting with the importation of goods.

1.2 Client: any natural person or legal entity that purchases a service from Falki Express and therefore enters into an agreement.

1.3 Goods: all items that are purchased, transported, stored, or otherwise handled on behalf of the Client.

1.4 Agreement: any arrangement between Falki Express and the Client regarding delivery, intermediation, transport, or storage of Goods.

2.1 All previously provided statements of volume (m³), volumetric weight (vKg), gross or net weight, and dimensions are for indication purposes only and are based on data provided by the supplier. If the supplier does not provide this information, Falki Express reserves the right to make a reasonable estimate of these details.

2.2 The final determination of volume, weight, and dimensions takes place at the moment of physical receipt, measurement, and processing of the Goods by Falki Express or its logistics partners.

2.3 Deviations between the data stated in advance and the data actually measured do not entitle the Client to termination, compensation, or price retention.

3.1 Quotations are prepared on the basis of the information known at that time and are indicative, unless expressly agreed otherwise in writing.

3.2 The final transport and handling costs are calculated based on the actual measured volume and/or weight, whereby the higher of the two may be decisive in accordance with customary logistics calculation methods.

3.3 If the Goods prove to be smaller and/or lighter than previously estimated, the price will be adjusted downward accordingly.

3.4 If the Goods prove to be larger and/or heavier than previously estimated, Falki Express is entitled to increase the price accordingly.

3.5 The Client cannot derive any definitive rights from a price indication provided in advance if the underlying data changes or proves to be incorrect.

4.1 Falki Express is entitled to require a deposit prior to the purchase of Goods.

4.2 The deposit relates exclusively to the purchase value of the Goods and expressly does not include:

• transport costs;
• import duties;
• taxes;
• insurance costs;
• storage costs;
• administration costs;
• other additional costs.

4.3 If timely payment of the deposit is not made, Falki Express is entitled to suspend performance of the Agreement.

4.4 Deposits are non-refundable once the Goods have been ordered from the supplier, unless otherwise agreed in writing.

5.1 After receipt, processing and/or customs clearance of the Goods, a final invoice will be prepared.

5.2 The final invoice may include, among other things:

• transport costs (sea, air, or road transport);
• customs clearance costs;
• import duties and levies;
• insurance premiums;
• storage and handling costs;
• customs and administrative costs;
• other unforeseen costs necessary for proper performance of the Agreement.

5.3 All government levies, taxes, and duties will be charged on to the Client in accordance with the amounts actually due.

5.4 Transport Insurance

5.4.1 Falki Express charges an insurance premium of two percent (2%) of the value of the goods for transport insurance.

5.4.2 The insurance provides coverage exclusively for damage to the Goods that occurs during the international transport segment, namely:

• for sea freight: from the moment the Goods are loaded into the container until the moment the Goods have been received by the Client;
• for air freight: from the moment the Goods are handed over to the air carrier until the moment the Goods have been received by the Client.

5.4.3 The insurance provides no coverage for damage occurring before the start of the international transport segment as referred to in Article 5.4.2, including but not limited to damage occurring during or as a result of transport from the supplier to Falki Express and/or to the carrier engaged by Falki Express (including delivery to the point of departure), nor for damage occurring after receipt by the Client at the destination.

5.4.4 Fragile or vulnerable goods, including but not limited to glass, mirrors, ceramics, porcelain, marble, natural stone, tiles, sanitary ware, electronics with screens or displays (such as televisions, monitors and similar equipment), as well as other breakable or impact-sensitive items, are transported at the Client’s own risk, unless expressly agreed otherwise in writing..

5.4.5 The insurance shall likewise provide no coverage for damage to the Goods to the extent that such damage is caused by, related to, or aggravated by defective, inadequate, or improper packaging, palletizing, loading, protection, or preparation by the supplier, manufacturer, consignor, or any third party engaged by them. This shall also include insufficient protection of fragile or vulnerable goods against normal transport stresses, shocks, vibrations, pressure, moisture, or stacking.

5.5 If goods are delivered separately and/or placed in different containers, administrative charges may be invoiced more than once.

6.1 Stated delivery dates, shipping dates, or release times are for indicative planning purposes only.

6.2 Delivery times depend, among other things, on:

• timely receipt of the deposit;
• supplier availability and lead time;
• transport planning and shipping line schedules;
• weather conditions;
• customs handling;
• logistics processing.

6.3 Exceeding an indicative delivery time does not entitle the Client to compensation, termination, or suspension of payment obligations.

7.1 After arrival in Bonaire or another place of destination, the container or shipment must be transported to the warehouse and be subject to customs clearance and release by the competent customs authorities.

7.2 The duration of customs procedures depends on external factors and is beyond the control of Falki Express.

7.3 Goods will only be released for collection or delivery after customs release has been obtained and all amounts due have been paid.

8.1 Collection of goods ordered via Falki Express

8.1.1 If Falki Express informs the Client in writing or electronically that the Goods are ready for collection, the Client must collect these Goods within one (1) week after notification.

8.1.2 If the Goods are not collected within the aforementioned period, Falki Express is entitled to charge storage costs from the second week onward.

8.1.3 The storage costs amount to at least US$ 50 per cubic meter (m³) per week, unless otherwise agreed in writing.

8.1.4 Storage is entirely at the Client’s risk and expense.

8.2 Collection locations and opening hours

8.2.1 Collection of Goods takes place exclusively at the collection location(s) designated by Falki Express on Bonaire.

8.2.2 At the time of collection, an inspection moment takes place. The Client must sign for receipt.

8.2.3 Collection location 1 is: Falki Express – Hanchi Amboina 5, Bonaire. The regular opening hours for collection at this location are:

• Monday to Friday from 09:00 to 12:00; and from 13:00 to 17:00.

8.2.4 Collection location 2 is: Bondigro – upper floor. The regular opening hours for collection at this location are:

• Monday to Saturday from 08:00 to 20:00.
• Sunday from 08:00 to 13:00.

9.1 Delivery of goods (large volumes)

9.1.1 For delivery of Goods with a large volume, a separate written delivery appointment must be made.

9.1.2 After the Goods have been received by Falki Express, the parties must reach written agreement within one (1) week on:

• the delivery address; and
• the desired delivery time.

9.1.3 If Goods remain in the warehouse of Falki Express for longer than one (1) week without a delivery appointment being set, a storage fee of US$ 50 per cubic meter (m³) per week will be charged.

9.2 Delivery conditions

9.2.1 Deliveries take place exclusively via normally accessible paved roads. Delivery on unpaved or non-regular access roads (“off-road”) is excluded.

9.2.2 Delivery costs per location: Delivery charges shall be paid either by bank transfer to the bank account designated by Falki Express or at the office of Falki Express. Cash payment to the driver shall not be permitted.

• Kralendijk: delivery Monday to Saturday between 13:00 and 16:00 at a rate of US$ 50 per delivery;
• Rincon: delivery on Wednesday between 13:00 and 16:00 at a rate of US$ 60 per delivery.

9.2.3 If the Client or its representative is not present at the agreed delivery time, the Goods will be returned to the warehouse of Falki Express. In that case, the delivery costs remain fully payable.

9.2.4 Goods will only be delivered or released after all delivery, storage, and other amounts due have been paid in full.

9.3 Delivery moment and transfer of risk

9.3.1 Delivery is made up to the first door on the ground floor of the specified delivery address.

9.3.2 After placement at the first door, an inspection moment takes place. The Client must sign for receipt.

9.3.3 From the moment of signing for receipt, the risk transfers fully to the Client.

9.3.4 After signing, Falki Express is not liable for damage that occurs during further moving or processing of the Goods by or on behalf of the Client.

10.1 Deposit

10.1.1 The deposit must be paid in full before Falki Express proceeds to order the Goods from the supplier.

10.1.2 The deposit can be paid via:

• bank transfer;
• debit card payment at Falki Express;
• cash payment at Falki Express.

10.1.3 An order is only placed definitively after Falki Express has received the full deposit.

10.2 Final payment / Payment upon collection or delivery

10.2.1 All remaining amounts due, including transport costs, import duties, storage costs, delivery costs, and other additional costs, must be paid in full before release or delivery of the Goods.

10.2.2 The final payment can be made via:

• debit card payment at the collection location;
• cash payment at the collection location;
• bank transfer.

10.2.3 In case of payment by bank transfer, the full amount due must be visible and irrevocably credited to the bank account of Falki Express before release or delivery of the Goods.

10.3 Suspension and right of retention

10.3.1 Falki Express is entitled to suspend release, delivery, or further performance of the Agreement until all outstanding amounts have been paid in full.

10.3.2 Falki Express is entitled to retain the Goods as long as the Client has not met its payment obligations.

11.1 Falki Express primarily acts as freight forwarder agent and intermediary in arranging agreements for transport, storage, and related services, unless expressly agreed otherwise in writing.

11.2 Falki Express is not to be regarded as a carrier, unless it expressly acts as such in writing, and is neither a producer, manufacturer, nor substantive supplier of the Goods.

11.3 Falki Express accepts no liability for:

• manufacturing defects;
• quality defects;
• incorrect specifications;
• incorrect deliveries;
• delays at the supplier;
• transport costs arising from incorrect delivery by the supplier;
• damage occurring before transfer to the logistics chain.

11.4 Any liability of Falki Express is limited to the amount paid out in the relevant case by the liability insurance, increased by the deductible, unless mandatory law provides otherwise.

11.5 If no insurance payout is made, liability is limited to the invoice amount of the relevant services.

11.6 Indirect damage, consequential damage, lost profit, delay damage, and business interruption damage are expressly excluded.

11.7 – Duty to report damage

11.7.1 Visible damage or defects must be reported immediately upon delivery or collection and must be recorded in writing.

11.7.2 Non-visible damage or defects must be reported in writing to Falki Express no later than 48 hours after delivery or collection.

11.7.3 In the absence of timely written notification, any right to compensation or claim against Falki Express lapses.

11.8 – Claims with Suppliers

11.8.1 In cases where Goods are ordered by Falki Express on behalf of the Client from an external supplier or seller, Falki Express shall act solely as a freight forwarder and/or intermediary and not as the seller of the Goods concerned.

11.8.2 Falki Express shall not be responsible or liable for any deviations, defects, incorrect deliveries, missing parts or any other shortcomings originating from the relevant supplier or seller.

11.8.3 In such cases, the Client shall be fully responsible for submitting and handling complaints, claims, return requests and warranty claims directly with the relevant supplier or seller.

11.8.4 Falki Express shall not be obliged to conduct correspondence, submit claims, or otherwise mediate between the Client and the supplier, unless explicitly agreed otherwise in writing.

12.1 Force majeure means any circumstance beyond the reasonable control of Falki Express as a result of which performance of the Agreement cannot reasonably be required.

12.2 Force majeure includes, among other things:

• natural disasters;
• strikes;
• pandemics;
• government measures;
• transport restrictions;
• delays at shipping lines;
• customs interventions;
• war or political unrest.

12.3 In the event of force majeure, obligations are suspended for as long as the situation continues, without any compensation being owed.

13.1 Dutch law as applicable in the Caribbean Netherlands (BES legislation) applies exclusively to all Agreements to which these general terms and conditions apply, excluding any conflicting provisions of private international law, unless expressly agreed otherwise in writing.

13.2 All disputes arising from or relating to an Agreement between Falki Express and the Client shall be submitted exclusively to the competent court in the Caribbean Netherlands, sitting in Bonaire, unless mandatory legal provisions provide otherwise.

13.3 If any provision proves to be null and void or voidable, the remaining provisions shall remain fully in force.

Falki Express
Hanchi Amboina 5
Kralendijk, Bonaire
Netherlands
Phone: +5997172041
Email: info@falkiexpress.com