Terms and Conditions
FEDERATION OF FREIGHT FORWARDERS’ ASSOCIATION IN INDIA STANDARD TRADING CONDITIONS
FOR FREIGHT FORWARDERS
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 herein.
4. Right to lien detention:-
(a) Constituents shall pay the bills presented by the Forwarder within 15 days of
their presentation, failing which penal interest at 3% above Bank’s lending rate
of interest shall become due and payable.
(b) The Forwarder has a right to lien and a right of detention over the goods or
other securities and effects lying within his power of disposal in respect of any
amount whether already due for payments 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 lien is exercised, to recover his dues, provided that
he gives a written notice of at least 7 days to the customer of his intention to
do so. The Forwarder is entitled to recover all the balance amount from the customer
after recovery of the dues by the safe of the goods under this clause and the right
exercised by Forwarder under this clause shall not be deemed to have been waiver
of his right to take further legal steps to recover the dues.
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.