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International freight forwarders liability

by:CNS     2020-05-11
( A) Appear as a pure agent responsibility of forwarder company as agent, the role of bridge between the shipper and the carrier, sign a contract of carriage directly by the shipper and the carrier. Small commissions is forwarding company, responsibility. When the loss of or damage to the goods occur, the owner can claim to the carrier directly. ( 2) Appears in the identity of the parties at the time of the responsibility division 1, forwarding company in its own name with a third person ( The carrier) Sign the contract 2, when arranging transportation to use their own warehouse or transport 3, arrange transportation, LCL freight charge price difference when the three conditions above, for the shipper, freight forwarder is as carrier, shall be the responsibility of the carrier. ( 3) Emerged as a nvocc's responsibility when freight forwarders engaged in non-vessel shipping and issue their own nvocc b/l, then into numerous non-vessel shipping operator, was seen as the carrier in the eyes of the law, his nature of both the carrier and the shipper. ( 4) Emerged as a multimodal transport operator of the responsibility when the freight is responsible for the bill of lading is issued by multimodal transport and became the multimodal transport operator ( MTO) 1 of the carrier, is considered to be legal, the United Nations convention on multimodal transport regulations MTO for cargo loss or delay in delivery of the liability to pay compensation ( 1) For limitation of compensation for loss of or damage to the goods is no more than 920 SDRS per piece or per unit, or must not exceed 2 per kg. 75 SDRS, will be subject to the higher. But if the international multimodal transport according to the contract does not include sea or inland waterway transport, the MTO of the liability for compensation according to the loss of or damage to the goods gross weight must not exceed 8 per kg. 33 the SDR calculating unit. ( 2) , for the delay in delivery of the goods, the delivery term of 90 days, MTO for delay in delivery of the limitation of compensation for the delay in delivery of the goods freight 2. Five times, and no more than the freight in the whole process of the contract. 2, our country 'maritime law' provisions of MTO for cargo loss or delay in delivery of the liability to pay compensation ( 1) For loss of or damage to the goods: 666 per package or each other transport unit. 67 SDRS, or in accordance with the loss of or damage to the goods gross weight, 2 SDR per kg, with both the high accurate; ( 2) For delay in delivery, our country 'maritime law' provisions of the goods delivery date for 60 days, MTO delay in delivery of the limitation of compensation for the delay in delivery goods freight amount, but the carrier of the delay in delivery is caused intentionally or not, as do not enjoy this limit. ( 5) As a 'hybrid' when the responsibility of the freight forwarders, engaged in the business scope widely, in addition to being freight generation client outside the customs declaration, inspection declaration, arrange transportation, also with their own employees, with their own vehicles, ships, aircraft, to provide services such as warehouse and loading and unloading tools, or operate stage as the carrier, the shipping phase for the agent. For confirm the legal status of freight forwarder, not simple, but should be concrete analysis according to the specific situation. ( 6) In different countries will be subject to the terms of the contract the responsibility of the standard trading conditions, tend to be detailed and clear the responsibility of the freight forwarder. Usually the combination of these standard trading conditions are receiving certificates or similar documents issued by freight forwarders to the shipper.
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