Not liable for acts of third parties
CEB Section 25.
The forwarder undertakes a contractual obligation relating to means, not results. He only answers for errors or omissions made by himself or his staff. He is not liable for acts of third parties.
CIFFA Section 3.
When acting as an agent, the Company acts solely on behalf of the Customer in engaging the services of third parties on the usual terms and conditions on which the third parties offer such services for the carriage, storage, packing or handling of any goods, or for any other service in relation to them, thereby establishing a direct contract between the Customer and the provider of such services capable of being enforced by the Customer as principal, whether or not the Customer is identified in the contract. The Company shall on demand by the Customer provide evidence of any contracts made on its behalf.
FIATA Model Rules Section 6.1.2.
No liability for third parties
The Freight Forwarder is not liable for acts and omissions by third parties, such as, but not limited to, Carriers, warehousemen, stevedores, port authorities and other freight forwarders, unless he has failed to exercise due diligence in selecting, instructing or supervising such third parties.
NCBFAA Section 4.
.... nor does [the] Company assume responsibility or liability for any action(s) and/or inaction(s) of such third parties and/or its agents, and shall not be liable for any delay or loss of any kind, which occurs while a shipment is in the custody or control of a third party or the agent of a third party; all claims in connection with the Act of a third party shall be brought solely against such party and/or agents; in connection with any such claim, ...
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Peter Jones' Commentary:
These sections spell out the ordinarily legal consequences of a forwarder's role as an agent. Despite the legal presumption that people know the law, a customer may not appreciate the legal consequences of a forwarder's dealing with third parties. This clause will bring the legal situation to the attention of the customer. The customer has contractual rights against any third party employed by the forwarder, who acts as the agent of the customer in engaging the services of the third party.. See also BIFA Clause 5 B.
The forwarder has the authority to enage the services of these third parties on the terms and conditions on which they usually offer their services.
Of course if the forwarder acts as principal, the customer need not concern itself with holding the third parties liable. Chapter 3 of the FIATA Legal Handbook contains an analysis of the issue of Principal-Agent.
Under the NASB Conditions, the forwarder is not liable for acts of omissions of third parties provided it proves that it acted with due diligence in choosing such party. In effect this condition reverses the burden of proof.