S-T-C INDIA
FEDERATION OF FREIGHT FORWARDERS’ ASSOCIATION IN INDIA STANDARD TRADING CONDITIONS FOR FREIGHT FORWARDERS for more details please visit www.fffai.org
These are the Standard Trading conditions applicable to the members of the Federation of Freight Forwarders’ Association in India. These conditions do not apply when the forwarders acts as a carrier or a combined transport operators.
1. Definitions:-
A freight forwarder (hereinafter called FORWARDER) is one who undertakes as a licensed Customs House Agents, Customs clearance and forwarding of goods on behalf of his customer, including if necessary, procurement and coordination of one or more modes of transport. He may also undertake to perform other functions connected with the main
contract such as warehousing (including storage in transit) group age or consolidation, packing, documentation, weighing and measurement of cargo container leasing, insurance, foreign exchange transaction etc. In case he is required to be licensed or
approved by the Government or other Public Authorities for the performance of any of his functions, the term ‘Freight Forwarder’ would mean only such licensed or approval persons.
2. Performance of the Contact:
(a) The forwarder shall perform his duty with due diligence and shall take care of the goods entrusted to him as a man of ordinary prudence thereby protecting the interest of his customers. In the event of the Forwarder agent takes the care of the goods entrusted to him as a man of ordinary prudence he shall not be held responsible for any loss or damages that may be suffered by the goods entrusted to him.
(b) A customer shall give the Forwarder such instructions as are necessary for the performance of the contract and the latter shall abide by these instructions in a manner suited to the requirements of the customer. If however, the Forwarder is satisfied, at any stage, that a departure from those instructions is justified in the interest of the customer, he shall be at liberty to act accordingly. The Forwarder is not in a position to guarantee a firm date in regard to the arrival of the goods at destination. In the absence of any specific instructions issued by the customer, the Forwarder is free to exercise his discretion in the choice of sub-contractors, modes of transport and transportation, routes. Provide further that in the absence of any specific instructions in writing the Forwarder shall be at liberty to exercise his own judgment for the delivery of the goods and for transport of the goods as a man of ordinary prudence.
(c) Customer shall advance such sums as may be required by the Forwarders for
meeting disbursements on account of the customer.
(d) The Forwarder is not responsible for effecting cargo insurance but may arrange such
insurance if so instructed by the Customer. In such cases, cargo insurance will be arranged by the Forwarder on account of the customer. On such terms and conditions as may be acceptable to the insurers.
3. Liability of the Freight Forwarder:-
(a) The Forwarder is liable only for his own faults attributable to himself or his employees.
(b) The Forwarder shall not be liable to the customer for consequential loss or loss market howsoever cause.
(c) The Forwarder shall not be liable for acts or omissions for third parties such as re
forwarders, carrier etc. provide he has shown due diligence in the choice of such third parties. If it can be proved that he has not done so his liability shall not exceed that of any third party held liable, whom he had contracted with.
(d) The liability of the Forwarder for loss of or damage to goods will be fixed on the basis of the market value of the goods at the time of acceptance by the freight forwarder and will not, under any circumstances, exceed that market value or a sum at the rate of Rs. 14/- per kilo of the gross weight of the goods lost or damaged, whichever is less subject to a maximum of Rs. 15,000/- for each occurrence of loss.
(e) The Forwarder may arrange/provide Road Transport for customer and in such event the Forwarder shall not be held responsible as a carrier or assume the liability of a carrier.
(f) In the event of the liability of the Forwarder being sought to be varied, the variation shall only be affected by a written document signed by the Forwarder, in the absence of such a document the liability of the Forwarder shall be governed as provided here in.
5. Time Limit
Claims against the Forwarder shall be time barred within a period of one year commencing from the day of delivery of the goods to the consignee named in the contract or, if no delivery has taken place from the date of the conclusion of the Forwarding contract.
6. Jurisdiction
Unless expressly agreed to the contrary, claim against the Forwarder shall be decided at the principal place of his business. All juridical relations between the Forwarder, the customer or authorised persons shall together with the application of these conditions, be regulated by Indian law.
7. Arbitration
Any dispute between the Forwarder and the customer arising in connection with performance of the contract shall be settled in accordance with the provisions of the Indian Arbitration Act at the principal place of business of the Forwarder, each party appointing an arbitrator and the two arbitrators, in the event of disagreement appointing an umpire whose decision shall be final and binding upon both parties provided the arbitrators to be appointed under this clause shall be appointed only from the panel of arbitrators duly approved by FFAI.
8. In case the Forwarder has to undertake warehousing of the goods conditions appilcable will be as laid Down in the document finalised by FFFAI with Indian Bank’s Association in September 1979.
FEDERATION OF FREIGHT FORWARDERS’ ASSOCIATION IN INDIA STANDARD TRADING CONDITIONS FOR FREIGHT FORWARDERS