Other Services

Where requested by the Customer the Company may

a) issue a transport document or electronic record by which it as principal undertakes carriage of particular goods; or

b) guarantee in writing proper performance of the terms of any contract between the Customer and a third party whose services the Company has engaged on behalf of the Customer.

As guarantor the Company is liable only to the same extent as the third party whose actions have been guaranteed, as may be limited by the conditions on which that party customarily offers its services.

Where it issues a transport document or electronic record, or provides a guarantee, the rights and obligations of the Company will be governed by the special conditions therein in addition to these Conditions. In the event of any inconsistency the special conditions prevail.

Commentary by Peter Jones

The CIFFA Conditions 2005 introduced this clause recognizing that the Customer may wish to retain the forwarder in a more responsibile role, either as NVOCC or as guarantor of the actions of third parties. The forwarder will then be able to assess the additional risk that it will be assuming by offering these other services, and seek additional compensation accordingly.

Todate the experience has been that customers do accept NVOCC transport documents as a matter of course, but rarely ask for guarantees of service.