Legal
Know your BIFA Standard Trading Conditions 2021 – Clause 26
A BIFA Member trading under the BIFA Standard Trading Conditions can limit liability. This clause details the limits of the liability and gives a detailed overview of the liability of the main International Transport Conventions
CLAUSE 26 Clause 26(A) .
Subject to Clause 2(B) and 11(B) above and sub-clause (D) below, the Company’s liability howsoever arising and not withstanding that the cause of loss or damage be unexplained shall not exceed (i) In the case of claims for loss or damage to Goods: (a) the value of any loss or damage, or whichever shall be the lesser. (ii) subject to (iii) below, in the case of all other claims: (a) the value of the subject Goods of the relevant transaction between the Company and its Customer, or (b) where the weight can be defined, a sum calculated at the rate of 2 SDR per kilo of the gross weight of the subject Goods of the said transaction, or (c) 75,000 SDR in respect of any one transaction, (b) a sum at the rate of 2SDR per kilo of the gross weight of any Goods lost or damaged whichever shall be the lesser. (iii) in the case of an error and/or omission, or a series of errors and/or omissions which are repetitions of or represent the continuation of an original error, and/or omission (a) the loss incurred, or (b) 75,000 SDR in the aggregate of any one trading year commencing
from the time of the making of the original error, and/or omission, whichever shall be the lesser. For the purposes of Clause 26(A), the value of the Goods shall be their value when they were, or should have been, shipped. The value of SDR shall be calculated as at the date when the claim is received by the Company in writing. Clause 26(B) Subject to Clause 2(B) above and sub-clause (D) below, the Company’s liability for loss or damage as a result of failure to deliver, or arrange delivery of the goods, in a reasonable time, or (where there is a special arrangement under Clause 25) to adhere to agreed departure or arrival dates, shall not in any circumstances whatsoever exceed a sum equal to twice the amount
of the Company’s charges in respect of the relevant contract. Clause 26(C) Save in respect of such loss or damage as is referred to at sub- clause (B), and subject to Clause 2(B) above, and sub-clause (D) below, the Company shall not in any circumstances whatsoever be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of market or the
“ This long clause is very important because it sets out the limits of the BIFA Member’s liability
consequences of delay or deviation, however caused. Clause 26(D)
On express instructions in writing declaring the commodity and its value, received from the Customer and accepted by the Company, the Company may accept liability in excess of the limits set out in sub-clauses (A) to (C) above upon the Customer agreeing to pay the
28 | June 2024
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