Policy & Compliance
Know your BIFA Standard Trading Conditions 2021 – Clauses 13 and 14
As you will have noted, some of the clauses in the BIFA STC are quite complex. However, Clauses 13 and 14 are more straightforward so this month’s edition of BIFAlink covers both of them
to bullion, currency, securities, precious stones, jewellery, valuables, antiques, pictures, human remains, living creatures, plants. Should any Customer nevertheless deliver any such goods to the Company, or cause the Company to handle or deal with any such goods, otherwise than under such prior agreement, the Company shall have no liability whatsoever for or in connection with the goods, howsoever arising. Comment on Clause 14 The goods referred to in this clause require special attention and this clause confers the right of the BIFA Member to refuse to accept or deal with them when there is no prior agreement in writing. This clause also disclaims any liability whatsoever, howsoever arising, when such arrangements are not made. At common law, a carrier is responsible for all goods delivered to it unless they are dangerous. Much depends on the knowledge of the BIFA Member, the previous course of dealing and the extent to which special arrangements have to be made.
Clause 13 Advice and information, in whatever form it may be given, is provided by the Company for the Customer only. The Customer shall indemnify the Company against all loss and damage suffered as a consequence of passing such advice or information to any third party. Comment on Clause 13 This clause is intended to cover the potential liability of a BIFA Member to persons other than its Customer. At common law there is a duty of care in respect of the making of a negligent statement that is known or expected to be acted upon. The three criteria in respect of this common law duty of care are foreseeability of damage, proximity of relationship and the reasonableness or otherwise of imposing the duty – Hedley Byrne & Co Ltd v Heller & Partners, All ER
[1963] 2 575 and Caparo Industries v Dickson & Others, All ER [1990] 1 568. This clause intends to restrict the use of advice and information so that it does not have unexpected consequences for the BIFA Member when used by persons unknown. If the advice or information given by the BIFA Member to the Customer has an error or omission that causes harm or loss to the Customer, the BIFA Member’s liability is limited according to Clause 26 (A) (ii). Clause 14 Without prior agreement in writing by an officer of the Company so authorised, the Company will not accept or deal with Goods that require a special handling regarding carriage, handling, or security whether owing to their thief-attractive nature or otherwise, including but not limited
“ Clause 13 intends to restrict the use of advice and information so that it does not have unexpected consequ - ences for
the BIFA Member
when used by persons unknown
20 | July 2023
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