CIFFA Section 5 (b)
The Customer must give instructions in writing to the Company a reasonable time before the tender of goods for storage or transport where it requests the Company to:
(b) arrange for goods to be carried, stored or handled separately from other goods
Peter Jones' Commentary:
Some national associations rely upon a general authorization of a forwarder to take any steps that are necessary or desirable to fulfill the company's instructions.
Many forwarders "book" LCL cargo for transport with a consolidation service, but have no control over the stuffing of the container in which goods are consolidated. This clause gives the forwarder a discretion, even when acting as an agent, to arrange for the cargo to be consolidated with other goods without consultation with the customer.
See commentary on other clauses that give a forwarder acting as agent discretionary powers to take steps without specific instructions from its principal.
Remember that a right to take certain steps does not excuse a forwarder from its over-riding duty to take reasonable care when it exercises that right!! And naturally a forwarder who is warned not to consolidate goods sensitive to odours with pungent chemicals must follow its instructions.
Peter Jones' Commentary:
Some national associations rely upon a general authorization of a forwarder to take any steps that are necessary or desirable to fulfill the company's instructions.
Many forwarders "book" LCL cargo for transport with a consolidation service, but have no control over the stuffing of the container in which goods are consolidated. This clause gives the forwarder a discretion, even when acting as an agent, to arrange for the cargo to be consolidated with other goods without consultation with the customer.
See commentary on other clauses that give a forwarder acting as agent discretionary powers to take steps without specific instructions from its principal.
Remember that a right to take certain steps does not excuse a forwarder from its over-riding duty to take reasonable care when it exercises that right!! And naturally a forwarder who is warned not to consolidate goods sensitive to odours with pungent chemicals must follow its instructions.