Supply evidence of contract
BIFA (2005) Section 4.B
The Company shall on demand by the Customer provide evidence of any Contract entered into as Agent for the Customer. Insofar as the Company may be in default of this obligation, it shall be deemed to have contracted with the Customer as a Principal for the performance of the Customer's instructions.
CIFFA Section 3.
. . . The Company shall on demand by the Customer provide evidence of any contracts made on its behalf.
|
Peter Jones' Commentary:
The theory that supports this clause is simple: if a forwarder has acted as agent, it must supply copies of business documents to a customer who is the principal. The only justification for a refusal to make documents available is that the forwarder has in fact been acting as principal, and not as an agent. If so, its business documents need not be disclosed to its customer.