Legal Index

Agency

Agency, default rule
Amount of freight
Liiberty to chose route, means and procedure etc.
Not liable for acts of third parties 
Power to enter into contracts to fulfill Customer's Instructions in best interests of customer
Right to consolidate cargo with other goods
Third party terms apply to contracts

Carrier (See Principal)

When Forwarder assumes role as Carrier

Claims (see Notice of Claim)

Contract between Customer and Forwarder

Application of Conditions Generally
Electronic Means of Communication, use of
Engagement of Forwarder
Instructions to Forwarder in circumstances affecting performance
Quotations, Effect of Fixed Price - When Quotation may be revised

Customer's Obligations

Charges- Obligation to Advance
COD Shipments - Customer's continued liability for
Condition, loading and suitability of container
Furnish Correct Information to Forwarder
Give Proper Instructions
Knowledge about the conduct of its affairs
Missing or Delayed Documents
Packaging and Preparation of Goods

Customs

Customer's duty to furnish information to allow forwarder to arrange for Customs Clearance
Obtaining Customs Ruling in Connection with Release of Goods etc.

Damages (See also Limitation of Liability

Consequential Loss, no liability for
Principles of calculation of damages
Valuation of damages calculated at market price etc.- valuation of SDR 

Dangerous Goods

Right to destroy
Warranty that goods, packaging and marking comply with the law

Duties of Forwarder

Assign claim against subcontractor
Check contents of shipment - check weights or dimensions
COD Shipments - duty and liability of forwarder
Confidential Data (Origin Marks)
Departing from customer's instructions - Actions in best interests of customer
General duty of care
Performance within a reasonable time after receiving Customer's instructions
Selection of contractors to perform Customer's Mandate
Supply evidence of contract

Indemnity by Customer

Contents of customer's basic indemnity
Failure of Customer to Comply with Regulations
Liability for increased duty

Insurance Arranged through Forwarder

All Risks Insurance
Customer must give instructions in writing
Forwarder acts as agent of customer when placing insurance
Insurance under Open Cargo Policy taken out by Forwarder
Placing of insurance by Forwarder on warehoused goods

Legal Issues covered by Conditions

Actions in Tort, conditions apply
Advice, Liability for - Indemnity if advice relayed to third party
Ancillary Services, application of conditions to
Claims against Directors etc.
Domicile of Forwarder - Courts of domiile have exclusive jurisdiction over disputes
General Average Claims
Jurisdiction and Applicable Law
Mandatory Law
Period of Responsibility for Goods

Lien

Lien on Goods and Documents

Limitation of Liability

Amount of Freight
Damages for Delay - Limited to Twice Freight or other charges
Increase in Limitation Amount
Limitation amount - $50 per customs entry or brokerage fees, which ever is the less
Loss of or Damage to Goods - 2 SDR per kilo of the gross weight of the damaged goods
Loss of or Damage to Goods - 8.33 SDR per kilo of the gross weight of the damaged goods
Other Claims - Maximum Liability

Notice of Claim

Notice of Claim to be given on handing over goods
Time Lilmits for Notification of Claim

Other Services

Other Services

Payment of Forwarder's Charges

Amounts becoming due on Perishable Goods
Customer Accepts conditions on behalf of Owner of the Goods
Customer's Obligation to Advance Charges
Forwarder's entitlement to additional amounts
Interest Charges, Foreign Exchange Losses
No set off or counterclaim against amounts due forwarder
Overcharges, payment of additional freight, reimbursement to customer
Payment of disbursements in Advance
Remuneration Customarily Retained
Supply evidence of charges

Performance of transport

Consolidation of Goods permitted
Declaration of Value to Carrier
Departure and Arrival Times of Goods
Impossibility of Performance (Force Majeure)
Warranty as to condition, loading and suitability of container
Warranty of information given Forwarder

Principal - when does forwarder assume role?

Fixed or all inclusive Price - Criteria for Establishing Role
Forwarder issues transport document undertaking carriage of goods
Transport with own equipment

Special Arrangements

Declared value of goods
Particular and/or valuable goods

Storage or Disposal of Goods

Conditions Applicable to Storage
Disposal of Goods - for failure to take delivery
Disposal of Goods - perishable goods

Time Limits for Action against Forwarder

Nine months
One year

Wilful Damage

NSAB 2000

Glossary