Terms & Conditions | Ocean Cloud Group

Introduction

Ocean Cloud Group BV is an established, global service provider in the field of liquid food logistics, both by road and intermodal. Ocean Cloud comprises five business units, operating in the liquid foodstuffs industry and professional tank cleaning facilities.

These General Terms and Conditions govern all commercial and contractual relationships between Ocean Cloud Group BV, including all its affiliated companies, collectively referred to as "Ocean Cloud", and the "Customer". All offers, services and activities are governed by Dutch law. The District Court of Rotterdam has jurisdiction to hear any claims arising therefrom, without prejudice to Ocean Cloud's right to bring claims before any other competent court.

In addition, the FENEX/TLN Logistics Service Conditions (LSC) (latest version), with the exception of the jurisdiction and arbitration clause, apply to offers, services and activities insofar as these are not mandatorily governed by a transport convention or the terms and conditions of the Ocean Cloud House/Ocean Bill of Lading. For the sake of clarity: the standard conditions of carriage apply to each land leg of the journey, supplemented (where applicable) by the LSC for non-carriage logistics. Where a mandatory transport convention applies, it takes precedence over national conditions of carriage and/or sector-specific conditions/regulations.

Definitions

In these general conditions the following capitalized terms have the following meaning, unless explicitly stated otherwise:

General Terms and Conditions: these General Terms and Conditions of Ocean Cloud Group BV, Parmentierplein 13, 3088 GN Rotterdam, the Netherlands.
AVC Terms and Conditions: General Transportation Terms and Conditions of the Stichting Vervoeradres in The Hague, latest version, published at www.sva.nl.
CMR Convention: Convention on the Contract for the International Carriage of Goods by Road (CMR).
ADR Agreement: the European Agreement concerning the International Carriage of Dangerous Goods by Road.
Dutch Forwarding Conditions: Dutch Forwarding Conditions, General Terms of FENEX (Netherlands Association for Forwarding and Logistics), latest version, published at www.fenex.nl.
Goods: the goods made available by or on behalf of the Client to Ocean Cloud Group or its auxiliary persons with a view to the performance of the Agreement.
Ocean Cloud Group: with its established office in 3088 Rotterdam, its successors and all its related entities, including but not limited to Ocean Cloud Global Logistics BV, Joosten Trading Company BV, Ocean Cloud BV, Celsius Tank Cleaning Beringe BV and Celsius Tank Cleaning Vlissingen.
Client: every (legal) entity placing orders at Ocean Cloud Group, purchasing products or services from Ocean Cloud Group and/or having concluded or wishing to conclude an Agreement with Ocean Cloud Group.
Agreement: all agreements, established orally, in writing or electronically between Ocean Cloud Group and the Client, as well as any referral or addition to it and all (legal) acts in preparation or execution of that agreement.
Party/Parties: Ocean Cloud Group and the Client, separately or combined.

Article 1 – Relevance

The General Terms and Conditions of Ocean Cloud Group have been established on 1 January 2026 and apply from that date to all Agreements concluded by Ocean Cloud Group, as well as tenders, orders, offers and quotations.

1.1 The General Terms and Conditions of Ocean Cloud Group are deemed accepted by the Client from the moment the Client issues an order to Ocean Cloud Group, unless both Parties have agreed otherwise in writing.

1.2 Deviation from the General Terms and Conditions is possible only if and to the extent that the Parties have agreed upon it in writing.

1.3 The general (purchasing) conditions, under whatever name, of the Client shall not apply unless the Parties have agreed otherwise in writing.

1.4 Ocean Cloud Group is entitled to adapt the General Terms and Conditions to (legal) conditions. If Ocean Cloud Group and the Client have signed a comprehensive agreement, the new General Terms and Conditions will only apply to new agreements that will be reached, once Ocean Cloud Group has sent a copy of the Conditions to the Client.

Article 2 – Relevance Other Conditions

2.1 Besides the General Terms and Conditions, depending on the nature of the services in question, the following agreements and conditions apply:

to cross-border road transportation: the CMR Convention, complemented by the AVC Terms and Conditions;
to internal road transportation: the AVC Terms and Conditions;
to logistics services (customs), forwarding services, agency and fiscal representation: the Dutch Forwarding Conditions;
to rail transportation: the COTIF/CIM Convention;
to road transportation of dangerous goods: the ADR Agreement;
to cleaning materials and equipment, and heating materials and cargo: the ATCN Terms and Conditions.

Upon request we will send you a free copy of the text of the above-mentioned conditions.

2.2 In case of conflict between the General Terms and Conditions and the conditions listed in Article 2.1, the content of the General Terms and Conditions will take precedence, unless the conditions referred to are a matter of imperative law.

Article 3 – Lien

Ocean Cloud Group is entitled to retain all goods held in its possession on behalf of the Client until payment of all that Ocean Cloud Group, regardless of which entity it may concern, has to claim from the Client, unless the Client has provided sufficient security from Ocean Cloud Group's point of view. All costs associated with the exercise of the lien, including the storage costs, are at the Client's expense.

Article 4 – Settlement

Ocean Cloud Group is entitled to settle any obligation to pay it has towards the Client with any amount that Ocean Cloud Group, regardless of which entity it may concern, must claim from the Client.

Article 5 – Pledge

Unless the Parties explicitly agree otherwise in writing, Ocean Cloud Group is entitled to pledge claims on the Client to third parties.

Article 6 – Other Conditions

6.1 Ocean Cloud Group is entitled to transfer, in whole or in part, the privileges and/or obligations under the Agreement with the Client to a third party. The Client is entitled to do so only after having obtained the written consent of Ocean Cloud Group.

6.2 If one or more provisions of the General Terms and Conditions are found to be ineffective, the remaining provisions will remain effective. The Parties commit themselves to replacing the non-binding provisions with provisions which are binding and which, considering the purpose and intent of the General Terms and Conditions, differ as little as possible from the non-binding provisions.

6.3 The headings ("titles") above the various provisions in the General Terms and Conditions have no independent significance. These headings have been added solely for reasons of convenience and shall not affect the interpretation of the provisions themselves.

Article 7 – Applicable Law

7.1 The legal relationship between Ocean Cloud Group and the Client is exclusively subject to Dutch law.

7.2 The place of business of Ocean Cloud Group will be the place of settlement and adjustment of damage.

7.3 The Dutch text of the General Terms and Conditions is binding.

Article 8 – Dispute Resolution / Arbitration

8.1 Any disputes arising from or related to the Agreement to which the General Terms and Conditions apply will be submitted exclusively for arbitration in Rotterdam in accordance with the TAMARA arbitration regulations, with the exception of claims up to €25,000 and undisputed claims, which will be submitted to the competent court in Rotterdam.

8.2 No appeal can be made to the exceptions referred to in paragraph 1 if the Client has its registered office or principal place of business in a country outside the EU.

8.3 The arbitrators will, where applicable, apply the provisions of international transport treaties, including the CMR Convention. The Client guarantees Ocean Cloud Group that the unloader, the addressee and the other parties with an interest in the cargo will, in case of damage to the goods and/or delay in their delivery, be bound by the provisions of this article.

Transport & Quotation Terms

The following terms apply to transport quotations and orders of Ocean Cloud Global Logistics, in addition to the General Terms and Conditions above. Updated 1 October 2026.

All transport will take place under the CMR terms and conditions.
All equipment is dedicated to food products only.
Quotations should be accepted and confirmed in writing.
Quotations are valid from the date of confirmation to the date mentioned in the quotation.
Without written confirmation, the quotation expires 45 days after submission. The quotation will have to be reconfirmed after the expiry date.
The booking of an order within 45 days is equivalent to confirmation of the quotation.
A quotation cancels all previous quotations for the same lane.
After loading, the loading unit (tank / tank container) should be sealed with seals provided by the customer. If these are not provided or are not up to standard, Ocean Cloud Global Logistics will reject every claim related to the loss of a seal and during prior transport.
Ocean Cloud Global Logistics can only be held liable for weight differences when the claim is supported by irrefutable evidence, and will only consider claims for loss or spillage of the product when the loading/receiving party informs them before the vehicle leaves the premises.
Operational information relating to the transport (loading/delivery times, previous products, tank unit number, etc.) is available in special email reports (OC APP).
If, after delivery, more than 50 kilograms remain in the tank unit, the cost of disposing of the residue will be charged to the customer.
Diesel surcharge: details of the Ocean Cloud Global Logistics diesel surcharge are available upon request at kim.vanelderen@oceancloudgroup.com. The diesel surcharge will be invoiced separately.
Rates do not include additional requirements unless specifically mentioned in the quotation remarks, among others:
1. Previous cargo restrictions.
2. Loading and delivery on Saturday, Sunday and/or EU country-related bank holidays.
3. Loading and unloading in an environmental zone.
4. Customs documentation and formalities.
5. Providing additional documents (previous cargo document, tank unit number, performance overview, etc.).
6. Heating or cooling.
7. Ferry crossings or train.
8. Cleaning costs above €120.
9. Extended transit times.
10. Rush order surcharge of €450 (order placed within 48 hours before the delivery date).
11. Cancellation costs (70% at 48 hours / 100% at 24 hours before the delivery date).
Ocean Cloud Global Logistics reserves the right to invoice extra charges for additional requirements and orders that do not adhere to the above terms and conditions, unless otherwise specified in the quotation request.
Payment of invoices shall be made within 30 days of receipt of the invoice.
Confirmation of the quotation implies acceptance of the above terms and conditions.
Our General Terms and Conditions, set out on this page, are applicable.
Rates are based on the following conditions:
1. The reception of a complete and correct order at least 72 hours prior to the loading date.
2. The use of standard equipment. An overview of standard equipment can be obtained from the Commercial or Account Manager concerned.
3. A specific transit time in days with an associated routing, mentioned as A-A, A-B, A-C, A-D.
4. The volume provided for the rate request, which is therefore subject to availability. If the actual volume differs substantially from the provided volume, Ocean Cloud Global Logistics reserves the right to reject orders or charge the customer additional costs resulting from the fulfilment of these orders.
5. A specific payload in kilograms with the associated volume in litres following from the provided or standard product density. 2 hours are included for loading and 2 hours for delivery; demurrage thereafter will be communicated and invoiced to your company at €70 per hour.