Legal
Know your BIFA Standard Trading Conditions 2021 – Clause 25
Clause 25 is overridden by any specific agreement made in writing by the BIFA Member with the Customer with regard to departure or arrival dates. At English common law it is implied that sea carriage is to be performed within a reasonable time – Hick v Raymond & Reid, All ER Reprints [1891-1894] 491. That implied term is extended and embodied in S.14 of the Supply of Goods and Services Act 1982, which states: “(1) Where, under a contract for the supply of a service by a supplier acting in the course of a business, the time for the service to be carried out is not fixed by the contract, left to be fixed in a manner agreed by the contract or determined by a course of dealing between the parties, there is an implied term that the supplier will carry out the service within a reasonable time, and (2) What is a “reasonable time” is a question of fact”. These comments on Clause 25 should be read in conjunction with those under Clause 26 in respect of delay. Put succinctly, if you do give a written undertaking regarding a delivery time and then fail to fulfil your duty, you do face some liability which is set out in Clause 26B. A detailed examination on Clause 26 will follow in the next edition of BIFAlink .
Clause 25 seeks to protect the BIFA Member from liability for breach of contract when departure or arrival dates are put back or brought forward
H ow often have you said to a customer that goods should be delivered “in the morning” or “before midday”, only to fi nd a motorway is gridlocked and the customer is demanding compensation from you as plans had been made around the estimated time of delivery? It is an easy trap to fall into. However, you will see in this month’s clause that the BIFA Member has defences when a timed delivery is requested, but all staff need to be aware of their responsibilities in such circumstances in order to avoid liability. Clause 25 Except under special arrangements previously made in writing by an officer of the Company so authorised, the Company accepts no responsibility with regard to any failure to adhere to agreed departure or arrival dates of Goods.
“ The generality of Clause 25 is overridden by any specific agreement made in writing by
Comment on Clause 25 In the ordinary course of events, it is not always practical for the BIFA Member to guarantee departure and arrival dates. Flights, ships, vehicles, etc, may be delayed by bad weather, congestion, public holidays, etc, and other reasons beyond the BIFA Member’s control. Clause 25 seeks to protect the BIFA Member from liability for breach of contract when departure or arrival dates are put back or brought forward. The generality of
the BIFA Member with the Customer
with regard to departure or arrival dates
STC webinar kicks off programme for the year
The first Member webinar for the year, focusing on the BIFA Standard Trading Conditions (STC), was presented last month by Robert Windsor, Member Policy & Compliance Director. Entitled BIFA STC: an overview & practical application , the webinar emphasised the following points: • As BIFA trading Members, you should be trading under the current version (2021) of the BIFA Standard Trading Conditions. • You must ensure that the BIFA STC are incorporated into every contract with
contract and should be treated as such). • If you agree to any variation of the BIFA STC with your customer, you must advise your freight liability insurance provider to ensure that you remain covered. • If dealing with an individual or charity, etc, you are advised to offer additional explanation of the terms and responsibilities of parties. • In all cases, it is good practice to highlight certain terms to your customer. In particular, it is
recommended that your customer’s attention is drawn to: - Clause 11 – Insurance of goods - Clause 26 – Limited liability. The slide deck and recording of the webinar can be viewed at: https://bifa.org/information- guidance/trading-conditions/guidance-o n-the-use-of-bifa-stcs/ If you have any questions relating to the BIFA Standard Trading Conditions, please contact Robert Windsor (r.windsor@bifa.org).
your customer (remember, each separate job is effectively a new
May 2024 | 23
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