RULE 8 - B - BIFA 2005 B/L
RULE 8 - B - BIFA 2005 B/L
WORLDWIDE TARIFF(PIFL-002) - BIFA 2005 B/L (8-B)
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BRITISH INTERNATIONAL FREIGHT ASSOCIATION (BIFA) STANDARD
TRADING CONDITIONS 2005 EDITION
THE CUSTOMER'S ATTENTION IS DRAWN TO SPECIFIC CLAUSES HEREOF
WHICH EXCLUDE OR LIMIT THE COMPANYS LIABILITY AND THOSE
WHICH REQUIRE THE CUSTOMER TO INDEMNIFY THE COMPANY IN
CERTAIN CIRCUMSTANCES AND THOSE WHICH LIMIT TIME BEING
CLAUSES 8, 10, 12-14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27
INCLUSIVE
All headings are indicative and do not form part of these
conditions.
DEFINITIONS AND APPLICATION
1 In these conditions the following words shall have the
following meanings:-
"Company" the BIFA member trading under these conditions
"Consignee" the Person to whom the goods are consigned
"Customer" any Person at whose request or on whose behalf
the Company undertakes any business or provides advice,
information or services
"Direct Representative" the Company acting in the name of
and on behalf of the Customer and/or Owner with H.M.
Revenue and Customs (HMRC) as defined by Council Regulation
2193/92 or as amended
"Goods" the cargo to which any business under these
conditions relates
"Person" natural person(s) or any body or bodies corporate
"SDR" are Special Drawing Rights as defined by the
International Monetary Fund
"Transport Unit" packing case, pallets, container, trailer,
tanker, or any other device used whatsoever for and in
connection with the carriage of Goods by land, sea or air
"Owner" the Owner of the Goods or Transport Unit and any
other Person who is or may become interested in them
2(A) Subject to sub-paragraph (B) below, all and any
activities of the Company in the course of business, whether
gratuitous or not, are undertaken subject to these
conditions.
(B) If any legislation, to include regulations and
directives, is compulsorily applicable to any business
undertaken, these conditions shall, as regards such
business, be read as subject to such legislation, and
nothing in these conditions shall be construed as a
surrender by the Company of any of its rights or immunities
or as an increase of any of its responsibilities or
liabilities under such legislation, and if any part of these
conditions be repugnant to such legislation to any extent,
such part shall as regards such business be overridden to
that extent and no further.
3 The Customer warrants that he is either the Owner, or the
authorised agent of the Owner and, also, that he is
accepting these conditions not only for himself, but also as
agent for and on behalf of the Owner.
THE COMPANY
4(A) Subject to clauses 11 and 12 below, the Company shall
be entitled to procure any or all of the services as an
agent, or, to provide those services as a principal.
(B) The Company reserves to itself full liberty as to the
means, route and procedure to be followed in the performance
of any service provided in the course of business
undertaken subject to these conditions.
5 When the Company contracts as a principal for any
services, it shall have full liberty to perform such
services itself, or, to subcontract on any terms whatsoever,
the whole or any part of such services.
6(A) When the Company acts as an agent on behalf of the
Customer, the Company shall be entitled, and the Customer
hereby expressly authorises the Company, to enter into all
and any contracts on behalf of the Customer as may be
necessary or desirable to fulfil the Customers instructions,
and whether such contracts are subject to the trading
conditions of the parties with whom such contracts are made,
or otherwise.
(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 the
obligation to provide such evidence, it shall be deemed to
have contracted with the Customer as a principal for the
performance of the Customers instructions.
7 In all and any dealings with HMRC for and on behalf of the
Customer and/or Owner, the Company is deemed to be
appointed, and acts as, Direct Representative only.
8(A) Subject to sub-clause (B) below,
the Company:
(i) has a general lien on all Goods and documents relating
to Goods in its possession, custody or control for all sums
due at any time to the Company from the Customer and/or
Owner on any account whatsoever, whether relating to Goods
belonging to, or services provided by or on behalf of the
Company to the Customer or Owner. Storage charges shall
continue to accrue on any Goods detained under lien;
(ii) shall be entitled, on at least 28 days notice in
writing to the Customer, to sell or dispose of or deal with
such Goods or documents as agent for, and at the expense of,
the Customer and apply the proceeds in or towards the
payment of such sums;
(iii) shall, upon accounting to the Customer for any balance
remaining after payment of any sum due to the Company, and
for the cost of sale and/or disposal and/or dealing, be
discharged of any liability whatsoever in respect of the
Goods or documents.
(B) When the Goods are liable to perish or deteriorate, the
Company's right to sell or dispose of or deal with the Goods
shall arise immediately upon any sum becoming due to the
Company, subject only to the Company taking reasonable
steps to bring to the Customer's attention its intention to
sell or dispose of the Goods before doing so.
9 The Company shall be entitled to retain and be paid all
brokerages, commissions, allowances and other remunerations
customarily retained by, or paid to, freight forwarders.
10(A) Should the Customer, Consignee or Owner of the Goods
fail to take delivery at the appointed time and place when
and where the company is entitled to deliver, the Company
shall be entitled to store the Goods, or any part thereof,
at the sole risk of the Customer or Consignee or Owner,
whereupon the Companys liability in respect of the Goods, or
that part thereof, stored as aforesaid, shall wholly cease.
The Companys liability, if any, in relation to such
storage, shall be governed by these conditions. All costs
incurred by the Company as a result of the failure to take
delivery shall be deemed as freight earned, and such costs
shall, upon demand, be paid by the Customer.
(B) The Company shall be entitled at the expense of the
Customer to dispose of or deal with (by sale or otherwise as
may be reasonable in all the circumstances):-
(i) after at least 28 days notice in writing to the
Customer, or (where the Customer cannot be traced and
reasonable efforts have been made to contact any parties who
may reasonably be supposed by the Company to have any
interest in the Goods) without notice, any Goods which have
been held by the Company for 90 days and which cannot be
delivered as instructed; and
(ii) without prior notice, any Goods which have perished,
deteriorated, or altered, or are in immediate prospect of
doing so in a manner which has caused or may reasonably be
expected to cause loss or damage to the Company, or third
parties, or to contravene any applicable laws or
regulations.
11(A) No insurance will be effected except upon express
instructions given in writing by the Customer and accepted
in writing by the Company, and all insurances effected by
the Company are subject to the usual exceptions and
conditions of the policies of the insurers or underwriters
taking the risk. Unless otherwise agreed in writing, the
Company shall not be under any obligation to effect a
separate insurance on the goods, but may declare it on any
open or general policy held by the Company.
(B) Insofar as the Company agrees to effect insurance, the
Company acts solely as agent for the Customer, and the
limits of liability under clause 26(A) (ii) of these
conditions shall not apply to the Companys obligations under
clause 11.
12(A) Except under special arrangements previously made in
writing by an officer of the Company so authorised, or made
pursuant to or under the terms of a printed document signed
by the Company, any instructions relating to the delivery or
release of the Goods in specified circumstances (such as,
but not limited to, against payment or against surrender of
a particular document) are accepted by the Company, where
the Company has to engage third parties to effect
compliance with the instructions, only as agents for the
Customer.
(B) Despite the acceptance by the Company of instructions
from the Customer to collect freight, duties, charges, dues,
or other expenses from the Consignee, or any other Person,
on receipt of evidence of proper demand by the Company,
and, in the absence of evidence of payment (for whatever
reason) by such Consignee, or other Person, the Customer
shall remain responsible for such freight, duties, charges,
dues, or other expenses.
(C) The Company shall not be under any liability in respect
of such arrangements as are referred to under sub-clause (A)
and (B) hereof save where such arrangements are made in
writing, and in any event, the Companys liability in
respect of the performance of, or arranging the performance
of, such instructions shall not exceed the limits set out
in clause 26(A) (ii) of these conditions.
13 Advice and information, in whatever form it may be given,
is provided by the Company for the Customer only. The
Customer shall indemnify the Company against all loss and
damage suffered as a consequence of passing such advice or
information on to any third party.
14 Without prior agreement in writing by an officer of the
Company so authorised, the Company will not accept or deal
with Goods that require special handling regarding carriage,
handling, or security whether owing to their thief
attractive nature or otherwise including, but not limited
to bullion, coin, precious stones, jewellery, valuables,
antiques, pictures, human remains, livestock, pets, plants.
Should any Customer nevertheless deliver any such goods to
the Company, or cause the Company to handle or deal with
any such goods, otherwise than under such prior agreement,
the Company shall have no liability whatsoever for or in
connection with the goods, howsoever arising.
15 Except pursuant to instructions previously received in
writing and accepted in writing by the Company, the Company
will not accept or deal with Goods of a dangerous or
damaging nature, nor with Goods likely to harbour or
encourage vermin or other pests, nor with Goods liable to
taint or affect other Goods. If such Goods are accepted
pursuant to a special arrangement, but, thereafter, and in
the opinion of the Company, constitute a risk to other
goods, property, life or health, the Company shall, where
reasonably practicable, contact the Customer in order to
require him to remove or otherwise deal with the goods, but
reserves the right, in any event, to do so at the expense of
the Customer.
16 Where there is a choice of rates according to the extent
or degree of the liability assumed by the Company and/or
third parties, no declaration of value will be made and/or
treated as having been made except under special
arrangements previously made in writing by an officer of the
Company so authorised as referred to in clause 26(D).
THE CUSTOMER
17 The Customer warrants:
(A) (i) that the description and particulars of any Goods or
information furnished, or services required, by or on
behalf of the Customer are full and accurate, and
(ii) that any Transport Unit and/or equipment supplied by
the Customer in relation to the performance of any requested
service is fit for purpose, and
(B) that all Goods have been properly and sufficiently
prepared, packed, stowed, labelled and/or marked, and that
the preparation, packing, stowage, labelling and marking are
appropriate to any operations or transactions affecting the
Goods and the characteristics of the Goods.
(C) that where the Company receives the Goods from the
Customer already stowed in or on a Transport Unit, the
Transport Unit is in good condition, and is suitable for the
carriage to the intended destination of the Goods loaded
therein, or thereon, and
(D) that where the Company provides the Transport Unit, on
loading by the Customer, the Transport Unit is in good
condition, and is suitable for the carriage to the intended
destination of the Goods loaded therein, or thereon.
18 Without prejudice to any rights under clause 15, where
the Customer delivers to the Company, or causes the Company
to deal with or handle Goods of a dangerous or damaging
nature, or Goods likely to harbour or encourage vermin or
other pests, or Goods liable to taint or affect other goods,
whether declared to the Company or not, he shall be liable
for all loss or damage arising in connection with such
Goods, and shall indemnify the Company against all
penalties, claims, damages, costs and expenses whatsoever
arising in connection therewith, and the Goods may be dealt
with in such manner as the Company, or any other person in
whose custody they may be at any relevant time, shall think
fit.
19 The Customer undertakes that no claim shall be made
against any director, servant, or employee of the Company
which imposes, or attempts to impose, upon them any
liability in connection with any services which are the
subject of these conditions, and, if any such claim should
nevertheless be made, to indemnify the Company against all
consequences thereof.
20 The Customer shall save harmless and keep the Company
indemnified from and against:-
(A) all liability, loss, damage, costs and expenses
whatsoever (including, without prejudice to the generality
of the foregoing, all duties, taxes, imposts, levies,
deposits and outlays of whatsoever nature levied by any
authority in relation to the Goods) arising out of the
Company acting in accordance with the Customer's
instructions, or arising from any breach by the Customer of
any warranty contained in these conditions, or from the
negligence of the Customer, and
(B) without derogation from sub-clause (A) above, any
liability assumed, or incurred by the Company when, by
reason of carrying out the Customer's instructions, the
Company has become liable to any other party, and
(C) all claims, costs and demands whatsoever and by
whomsoever made or preferred, in excess of the liability of
the Company under the terms of these conditions, regardless
of whether such claims, costs, and/or demands arise from, or
in connection with, the breach of contract, negligence or
breach of duty of the Company, its servants,
sub-contractors or agents, and
(D) any claims of a general average nature which may be made
on the Company.
21(A) The Customer shall pay to the Company in cash, or as
otherwise agreed, all sums when due, immediately and without
reduction or deferment on account of any claim, counterclaim
or set-off.
B) The Late Payment of Commercial Debts (Interest) Act 1998,
as amended, shall apply to all sums due from the Customer
22 Where liability arises in respect of claims of a general
average nature in connection with the Goods, the Customer
shall promptly provide security to the Company, or to any
other party designated by the Company, in a form acceptable
to the Company.
LIABILITY AND LIMITATION
23 The Company shall perform its duties with a reasonable
degree of care, diligence, skill and judgment.
24 The Company shall be relieved of liability for any loss
or damage if, and to the extent that, such loss or damage is
caused by:-
(A) strike, lock-out, stoppage or restraint of labour, the
consequences of which the Company is unable to avoid by the
exercise of reasonable diligence; or
(B) any cause or event which the Company is unable to avoid,
and the consequences of which the company is unable to
prevent by the exercise of reasonable diligence.
25 Except under special arrangements previously made in
writing by an officer of the Company so authorised, the
Company accepts no responsibility with regard to any failure
to adhere to agreed departure or arrival dates of Goods.
26(A) Subject to clause 2(B) and 11(B) above and sub-clause
(D) below, the Companys liability howsoever arising and,
notwithstanding that the cause of loss or damage be
unexplained, shall not exceed
(i) in the case of claims for loss or damage to Goods:
(a) the value of any loss or damage, or
(b) a sum at the rate of 2 SDR per kilo of the gross weight
of any Goods lost or damaged
whichever shall be the lower.
(ii) subject to (iii) below, in the case of all other
claims:
(a) the value of the subject Goods of the relevant
transaction between the Company and its Customer, or
(b) where the weight can be defined, a sum calculated at the
rate of two SDR per kilo of the gross weight of the subject
Goods of the said transaction, or
(c) 75,000 SDR in respect of any one transaction,
whichever shall be the least.
(iii) in the case of an error and/or omission, or a series
of errors and/or omissions which are repetitions of or
represent the continuation of an original error, and/or
omission
(a) the loss incurred, or
(b) 75,000 SDR in the aggregate of any one trading year
commencing from the time of the making of the original
error, and/or omission,
whichever shall be the lower.
For the purposes of clause 26(A), the value of the Goods
shall be their value when they were, or should have been,
shipped. The value of SDR shall be calculated as at the date
when the claim is received by the Company in writing.
(B) Subject to clause 2(B) above and sub-clause (D) below,
the Companys 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 Companys charges in respect
of the relevant contract.
(C) Save in respect of such loss or damage as is referred to
at sub-clause (B), and subject to clause 2(B) above and
Sub-Clause (D) below, the Company shall not in any
circumstances whatsoever be liable for indirect or
consequential loss such as (but not limited to) loss of
profit, loss of market, or the consequences of delay or
deviation, however caused.
(D) On express instructions in writing declaring the
commodity and its value, received from the Customer and
accepted by the Company, the Company may accept liability in
excess of the limits set out in sub-clauses (A) to (C)
above upon the Customer agreeing to pay the Companys
additional charges for accepting such increased liability.
Details of the Companys additional charges will be provided
upon request.
27(A) Any claim by the Customer against the Company arising
in respect of any service provided for the Customer, or
which the Company has undertaken to provide, shall be made
in writing and notified to the Company within 14 days of the
date upon which the Customer became, or ought reasonably to
have become, aware of any event or occurrence alleged to
give rise to such claim, and any claim not made and
notified as aforesaid shall be deemed to be waived and
absolutely barred, except where the Customer can show that
it was impossible for him to comply with this time limit,
and that he has made the claim as soon as it was reasonably
possible for him to do so.
(B) Notwithstanding the provisions of sub-paragraph (A)
above, the Company shall in any event be discharged of all
liability whatsoever and howsoever arising in respect of any
service provided for the Customer, or which the Company has
undertaken to provide, unless suit be brought and written
notice thereof given to the Company within nine months from
the date of the event or occurrence alleged to give rise to
a cause of action against the Company.
JURISDICTION AND LAW
28 These conditions and any act or contract to which they
apply shall be governed by English law and any dispute
arising out of any act or contract to which these Conditions
apply shall be subject to the exclusive jurisdiction of the
English courts.