Legal
Know your BIFA Standard Trading Conditions 2021 – Clause 23
R egular readers may book Know your Standard Trading Conditions, we highlighted that the BIFA STC are split into sections. For the past few months we have been covering the BIFA STC clauses that deal with the responsibilities of the Customer. This month we move to the responsibilities of the BIFA Member and the terms that you are setting out in your contract. No doubt you know what you are doing – you may have been a freight forwarder for years. remember that when we started serialising the STC However, nobody knows everything and whilst you are expected to be competent you will note the use of the word ‘reasonable’ in this clause. Clause 23 The Company shall perform its duties with a reasonable degree of
Clause 23 of the BIFA STC, the words “diligence” and “judgment” have been added. Clause 23 is sometimes referred to when there is an allegation of negligence or of the provision of an inadequate service. Clause 23 is placed in the BIFA STC to emphasise their reasonableness and to balance the warranties deemed to be given by the Customer in Clause 17. The vast scope of work undertaken by BIFA Members is such that not every BIFA Member, and especially not every employee, can have knowledge of every obscure fact concerning products, overseas destinations, regulations, documentation, etc. The word ‘reasonable’ is intended to modify and limit the clause to what should be expected of a competent BIFA Member according to the services offered.
care, diligence, skill and judgment. Comment on Clause 23 Under English common law, every person who enters a learned profession undertakes to practise it with a reasonable degree of skill – Lamphier and Wife v Phipos, All ER Reprints [1835- 1842] 421. It is also a requirement to do so under S.13 of the Supply of Goods and Services Act 1982, which goes beyond a “learned profession” in that it states “In the contract for the supply of a service where the supplier is acting in the course of business, there is reasonable care and skill”. In
BIFA utilises a network of Regional Representatives around the UK to act as a conduit for the dissemination of information and to seek local Member views on topics of interest. Forthcoming meetings are listed here. All BIFA Members are encouraged to attend their regional meetings, however pre-booking is essential. If there is no event listed in your region see www.bifa.org/events for future dates or contact your local Regional Representative: London West, the South & the South West – Paul Cunningham p.cunningham@bifa.org Scotland and the Borders – Chris Curtin c.curtin@bifa.org Northern England and the Midlands – Andrew Melton a.melton@bifa.org Anglia, London East & South East - Paul Newman paul@pnauk.com Northern Ireland – Shauneen McConville shauneenm@tr-logistics.com BIFA Young Forwarders’ Network FREE networking and information events for younger team members, see www.bifa.org/events Support your local Member group
Region
Date
Venue
Scan to register
Anglia
Tue 5 Mar
Orwell Hotel, Felixstowe
London East
Thu 7 Mar
DP World London Gateway
Leeds
Tue 12 Mar
Gomersal Park Hotel, Kirklees Hampton by Hilton, Humberside Airport Transvalair, Gatwick
Humberside
Wed 13 Mar
London Gatwick
Wed 13 Mar
London Heathrow
Thu 14 Mar
BIFA
Liverpool
Tue 19 Mar
Peel Ports, Port of Liverpool
Manchester
Wed 20 Mar
The Nest, Roundthorn Ind. Estate Mission to Seafarers
Belfast
Wed 27 Mar
Scotland – Glasgow
Wed 20 Mar
The Glynhill Hotel,
Glasgow
Scotland
Wed 20 Mar
The Craighaar Hotel,
Abderdeen Avonmouth
Aberdeen
Wed 17 Apr
Davies Turner, Bristol
22 | March 2024
www.bifa.org
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