Damages for Delay - Limited to Twice Freight or other charges
BIFA (2005) Section 26 B.
Subject to clause 2(B) above and sub-clause (D) below, the Company’s liability for loss or damage as a result of failure to deliver, or arrange delivery of goods, in a reasonable time, or (where there is a special arrangement under Clause 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatever exceed a sum equal to twice the amount of the Company’s charges in respect of the relevant contract.
CIFFA Section 15.
Without prejudice to any other conditions herein or other defences available to the Company, in no circumstances whatsoever shall the Company be liable to the Customer or owner for
(b)loss of, damage to or consequential or indirect loss caused by delay or deviation in connection with the transport of goods in a sum in excess of twice the difference between the charges invoiced by the Company and amounts paid by the Company to third parties for transport or other service related to those goods;
FIATA Model Rules Section 8.3.2.
Limitation of liability for delay
If the Freight Forwarder is liable in respect of loss following from delay, such liability shall be limited to an amount not exceeding the remuneration relating to the service giving rise to the delay.
SAAFF Section 41.1.3 . .
double the amount of the fees raised by the company for its services in connection with the goods, but excluding any amount payable to sub-contractors, agents and third parties.
|
Peter Jones' Commentary:
As has been previously stated, a limitation of liability clause directed to damages flowing from delay is important to avoid risk that a forwarder could be liable for extraordinary losses.
The reader must be careful to identify the role in which a forwarder is acting, as there are different limitation amounts that are applicable to types of damage depending on this role.
As is the case with many other conditions, the SSV Conditions also include a global limitation, which appears to "cap" the amounts that can be recovered for loss caused by delay at 20,000 SDR's. See Clause 26 of the SSV Conditions.