There are standard trading conditions applicable to the member of the federation Forward's Association in India. These Conditions do not when the forwarder acts as a carrier or a combined transport operator.
1. Defination: A freight forwarder (hereafter called FORWARDER) is one who undertakes as a licenced Customs House agent, customs clearance and forwarding of goods on behalf of his customer including if necessary, Procurement and coordination of one or more modes of transport. He may also undertake to perform other functions connected with the main contract such as warehousing (including storage in transit) groupage of consolidations, packaging, Documentation weighing and measurement of cargo container leasing, insurance, foreign exchange transcation etc. In case he is required to be licensed or approved by the government or other puplic authorities for the perfomance of any of his functions, the term "freight forwarder" would means only such licensed or approved persons.
2. Performance of the Contracts:
(a) The forwarder should perform his duty with due dilligence and shall take care of goods entrusted to him as a man of ordinary prudence thereby protecting the interest of hid customers. In the event the forwarder agents take care of goods entrusted to him as a man of ordinary prudence he shall not be held responsible for any lose or damage that may be suffered by the goods entrusted by him.
(b) A customer shall give the forwarder such instructions as are necessary for the performance of the contract and the later shall abide by these instruction in a manner suited by the requierments of the customer. If however the forwarder is satisfied at any stage that a departure from those instruction is just satified in the interest of customer, he shall be at liberty to act accordingly. The forwarder is not in a positon to guarantee a firm date to regard to the arrival of the goods at destination. In the absence of any specify instruciton issued by the customer the forwarder is free to exercise his direction in the choice of sub-contracts, modes of transport and transportaton routes. Provided further that in the absence of any specific instruction in writing the forwarder shall be at liberty to exercise his own judgement for the delivery of goods and for the transport of the goods as a man of ordinary prudence.
3. In so far as any provision contained or referred to in this airway bill may be contrary to mandatory law, government regulations, orders or requirements, orders or requirements, such provisions shall remain applicable to the extent that is not overridden thereby. The invalidity of any provision shall not affect other any other part hereof.
4. Except as the Convention or other applicable law may otherwise require
(a) carrier is not liable to the shipper or to any other person for any damage, or loss of whatsoever nature (hereinafter collectively referred to as "damage") arising out of or in connection with the carriage of the goods, unless such damage is proved to have been caused by the negligence or willful fault of Carrier and there has been no contributory negligence of the shipper, consignee or other claimant:
(b) carrier is no liable for any damage directly or indirectly arising out of compliance with laws, government regulations, orders or requirements or from any cause beyond carriers control:
(c) the charges for the carriage having been based upon the value declared by the shipper, it is agreed that any liability shall in no event exceed the shipper's declared value for carriage stated on the face hereof, and in the absence of such declaration by shipper, liability of Carrier shall not exceed US$20.00 or their equivalent per kilogram of goods destroyed, lost or damaged: all claims shall be subject to proof of value.
5. It is agreed that no time is fixed for the completion of carriage hereunder Carrier no obligation to carry the goods by any specified aircraft or over any particular route or routes or to make connection at any point according to any particular schedule, and Carrier is hereby authorized to select, or deviate from. The route or routes of shipment not with standing that the same my be stated on the face hereof. The shipper guarantees payment of all charges and advances.
6. The goods, or packages said to contain the goods, described on the face hereof, are accepted for carriage from their receipt at Carrier's city or airport office at the place of departures to the airport at the place of destination. If so specifically agreed, the goods or packages said to contain the goods, described on the face hereof, are also accepted for forwarding to the airport of departure and for reforwarding beyond the airport of destination. If such forwarding or reforwarding is by carriage operated by Carrier, such carriage shall be upon the same terms as to liability as set forth in Paragraphs 2 and 4 hereof. In any other event, the issuing carrier and the last carrier, respectively, in forwarding the goods, shall do so only as agents of the shipper, owner, consignee, as the case may be and shall not be liable for any damage arising out of such additional carriage, unless proved to have been caused by its own negligence or willful fault. The shipper, owner and consignee hereby authorize such carrier to do all things deemed advisable to effect such forwarding or reforwarding, including, but without limitation, selection of the means of forwarding or reforwarding and the routes thereof,,(unless these have been here in specified by the shipper), execution and acceptance of documents of carriage (which may include provisions exempting or limiting liability) and consigning of goods with no declaration or value, not with standing any declarating of value in the air bill.
7. Carrier is authorized (but shall be under no obligation) to advance any duties, taxes or charges and to make any disbursements with respect to goods, and the shipper, owner and consignee shall be jointly and severally liable for the reimbursement thereof. No carrier shall be under obligation to incur any expense or to make any advance in connection with the forwarding or reforwarding of the goods except against repayment by the shipper. If it is necessary to make customs entry of the goods at the place, the goods shall be deemed to be consigned at such place to the place named on the face hereof as customs consignee or, if on such person be named, to the carrier carrying the goods to customs consignee, if any, as such carrier may designate.
8. At the request o the shipper, and if the appropriate is paid and the fact recorded on the face hereof, the goods covered by this air bill are insured on behalf of the shipper under an open policy for the amount requested by the shipper as set out on the face hereof (recovery being limited to the actual loss or damaged no exceeding the insured value) against all risks or physical loss damage from any external cause whatsoever, except those arising directly from war risks, strikes, riots, hostilities, legal seizure or delay or inherent vice, and subject to the conditions of such open policy which is available for inspection by the shipper. The insurance coverage will not extend beyond the reasoned period of time required for he consignee of shipper to effect clearance from Customs. Claims under such policy must be reported immediately to an office of Carrier.
9. Except as otherwise specifically provided in this contract, delivery of the goods will be made only to the consignee named on the face hereof, unless such consignee is one of the Carrier participating in the carriage, in which event delivery shall be made to the person indicated on the face hereof as the person to be notified. Notice of arrival of the goods will, in the other instructions, be the consignee, or the person to be notified, by the ordinary methods, carrier is not liable for non-receipt of delay in receipt of such notice.
10. (a) No action shall be maintained in the case of damage to goods unless a written notice, sufficiently describing the goods concerned, the approximate date of the damage, and the details of the claim, is presented to an Carrier within 7 days from the date of receipt thereof, in the case of delay unless presented within 14 days from the date of the goods are placed at the disposal of the person entitled to delivery, and in the case of loss (including non-delivery) unless presented within 120 days from the date of issue of the air bill.
(b) Any rights to damages against carrier shall be extinguished unless an action is brought within two years after the occurrence of the events giving rise to the claim.
(c) No action shall be maintained against the Carrier in the case of losses or damage to goods unless all payments owing to the carrier in connection with air freight charges and other services rendered on the shipment have been paid in entirely to the Carrier.
11. The shipper shall comply with all applicable laws, customs and other government regulations of any country to, from, through or over which the goods may be carried, including those relating to the packing, carriage or delivery of the goods, and attach such documents to this air bill as may be necessary to comply with such laws and regulations. Carrier is not liable to the shipper or any other person for loss or expense due to shipper's failure to comply with this provision.
12. No agent, servant or representative of carrier has authority to alter, modify or waive provision of this contract.
13. In the event of loss and/of damage of goods occurring during transportation by air through domestic air carriers from the transshipment point(s) to final destination, the legal liability of the carrier is limited in amount to US$0.50 per lb.
14. The liability governing the carriage by truck, train, or any modes of transport as may be involved in the completion of carriage, will be in accordance with the rules relating to liabilities established by the medium involved.