Legal
the Customer’s expense, if the Customer is unable or unwilling to do so itself. Clause 15 should be read in conjunction with Clause 18 by which the Customer indemnifies the Company against all penalties, claims, damages, costs and expenses, whatsoever arising within the context of Clause 15. Clause 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 This clause arises when the BIFA Member acts as both an agent and as a principal and refers only to a declaration of value. There are sometimes alternative terms of contract whereby a lower scale of charges applies if goods are carried at ‘owner’s risk’ rather than at ‘carrier’s risk’. Also, where value is declared for carriage on an air waybill or on a bill of lading, the carrier will accept full liability for loss or damage up to the declared value and at extra cost. writing by an Officer of the Company so authorised as referred to in Clause 26 (D). Comment on Clause 16 At common law, if when acting as an agent, the BIFA Member decides which scale to use without reference to its Customer it will do so at its risk. This clause places the onus on the Customer to make such special arrangements in writing. Similarly no special declaration of value resulting in higher potential liability will be made to carriers unless special instructions to do so are given in writing to the BIFA Member and accepted in writing by the BIFA Member In next month’s edition of BIFAlink we will start to look at the Customer’s obligations, which are covered in clauses 17 to 22. BIFA Members can view the full BIFA Standard Trading Conditions 2021 guidance by scanning the QR code.
In the last edition of BIFAlink we covered two clauses and this month we are again detailing two STC clauses in one article Know your BIFA Standard Trading Conditions 2021
T his will conclude the section of the BIFA STC headed THE COMPANY in which the BIFA Member’s role is detailed. Clause 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 it to remove or otherwise deal with the Goods, but reserves the right, in any event, to do so at the expense of the Customer.
Comment on Clause 15 At common law, when no declaration is made to the
contrary, a consignor impliedly warrants to the carrier that the goods so tendered are fit to be carried in the ordinary way and are not dangerous. If the consignor knows that the goods are of a dangerous nature he is bound to inform the carrier accordingly – Brass v Maitland [1856] and Bamfield v Goole and Sheffield Transport Co Ltd, All ER Reprints [1908-1910] 799. The declaring and labelling of dangerous goods is now mandatory under the various statutory regulations. This clause covers not only dangerous goods but also goods likely to have a deleterious effect on other goods or equipment. This clause not only specifies the requirements to have notification of such goods in writing but also confers the right of the BIFA Member to dispose, remove or otherwise deal with such goods at
“ This clause [15]covers not only dangerous goods but also goods likely to have a deleterious effect on other goods or equipment
August 2023 | 21
www.bifa.org
Made with FlippingBook Annual report maker