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FEDERATION OF FREIGHT FORWARDERS ASSOCIATION OF INDIA

STANDARD TRADING CONDITIONS FOR FREIGHT FORWARDERS
These are special trading conditions applicable to members of the FEDERATION OF FREIGHT FORWARDERS ASSOCIATION OF INDIA. These conditions do not apply when the forwarders act as a carrier of a combined transport operator.

Definitions
A freight forwarder (therein called a 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 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 page or consolidation, packing, documentation, weighing and measurement of cargo container leasing, insurance, foreign exchange transactions etc.

In case he is required to be licensed by the government 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 approved persons.

Performance of the contract
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 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 customer is satisfied, at any stage, that a departure from these 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 goods at the 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-contactors, Modes of transport and other transportation routes. Provided 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 goods and for the transport of goods as a man of ordinary prudence.

c) Customers 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, the Forwarder on account of the customer will arrange cargo insurance on such terms and conditions as may be acceptable to the insurers.

Liability of the Freight Forwarder
a) The Forwarder is liable for his own faults attributable to himself or his employees.

b) The Forwarder shall not be liable to the customer for consequential loss of market howsoever caused.

c) The Forwarder shall not be liable for acts or omissions of third parties such as re-forwarders, carrier etc provided 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 has contracted with.

d) The liability of the Forwarder of loss or damage of any of the 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 @Rs 15/ Kg 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 me 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 provided herein.

Right to Lien and Detention.
a) Constituents shall pay the bills presented by the Forwarder within 15 days of their presentation, failing which penal interest at 3% above Banks lending rate of interest shall become due and payable.

b) The Forwarder has a right to lien and detention over the goods and other securities and effects lying within his power of disposal in respect of any amount whether already due for payment or not which the Forwarder is entitled to receive in respect of services to the customer. In exercise of the Lien under this clause, the Forwarder shall be entitled to dispose of the goods, either by public or private sales upon which the lien is exercised, to recover his dues, provided that a written notice of at least 7 days to the customer of his mention to do so. The Forwarder is entitled to recover all the balance amount from the customer after recovery of the dues by the sale of the goods under this clause and the right exercised by the Forwarder under this clause shall not be deemed to have been waiver of his right to take further legal steps to recover his dues.

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.

Jurisdictions
Unless expressly agreed to the contrary, claims against the Forwarder shall be decided at the principal place of his business. All jurisdical relations between the Forwarder, the customer or authorized persons shall together with the application of these conditions, be regulated by Indian Law.

Arbitration
Any dispute between the Forwarder and the customer arising in connection with the performance of the contract shall be settled in accordance with the provisions of The Indian Arbitration Act at the principal place if 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 fully approved by the FFFAI

In case the Forwarder has to undertake warehousing of the goods the conditions applicable will be laid down in the Document that was finalized by the FFFAI with the Indian Bankers Association.


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