BIFAlink March 2024

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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