International freight forwardingRights and responsibilities
1.权利
The international freight forwarder accepts all the fees paid by the customer for goods transportation, storage, insurance, customs declaration, visa, bill acceptance and other services, and also accepts other fees that the international freight forwarder cannot control the contract。If the customer refuses to pay, the international freight forwarder has the right to retain the goods and sell the goods in an appropriate manner to compensate for the receivable costs。International freight forwarders accept booking commissions paid by carriers。
2.Basic responsibility
a) Complete and assume responsibility for the carriage of the goods as a carrier (the carrier issues the documents for the goods, uses its own mode of transport, or commissions others to complete the carriage of the goods and collect the freight)。As a carrier, you are not directly liable for the completion of the carriage of the goods (another person issues the documents of the goods, uses the means of transport at your disposal, rents another means of transport, or commissions another person to complete the carriage of the goods, you are not directly liable。
b) When conducting business activities in accordance with the agreement or contract signed with the principal, or in accordance with the instructions of the principal, the freight forwarder shall fulfill the mandate in accordance with the usual responsibilities, especially within the scope of authorization, and truthfully report all important matters。The information provided to the principal in the entrusted business must be true。If any loss is caused by concealing or providing false information, the principal shall have the right to ask the freight forwarder for an agency contract or agreement。
c) Undertake the obligation of confidentiality。Information obtained during freight forwarding is disclosed to third parties。At the same time, the power of attorney shall not be transferred to others。
3.General liability period for international freight forwarders
The duty period of an international freight forwarder generally refers to the time during which they are responsible for the goods。The freight forwarder, as an agent in the traditional sense, should take proper care and management of the goods in accordance with the provisions of the commission contract, and carry out the instructions of the principal。As a carrier and in the custody of the goods for transport, the period of liability shall begin from the receipt of the goods from the consignor until they are transported to the destination and delivered to the consignee or at the named place。If the consignee still takes delivery of the goods after a period of time after the goods have arrived at the destination and the delivery notice has been issued to the consignee, it can also be considered that the freight agent has fulfilled the delivery obligation stipulated in the contract。
4.International freight forwarder's responsibility for the contract
In any event, the international freight forwarder shall be liable for the loss of goods caused by the failure to perform the contract。If it can be confirmed that the loss and damage to the goods is caused by the acts and omissions of third parties, the freight forwarder is obliged to inform the customer of the situation and relevant evidence, and to take appropriate measures to protect the interests of the customer and assist the customer in filing a claim for compensation against the responsible party。Therefore, only as an agent, in the name of the principal to entrust a third party in the transportation, loading and unloading, delivery, settlement, storage, document issuance and other acts or negligence caused by the damage to the goods, unless it can be proved that the agent, carrier or other third party in the case of negligence, otherwise, it shall not be liable。As a carrier, the liability of freight forwarders varies greatly in different countries or regions。Some countries provide that, in addition to being responsible for the acts of the agent, the freight forwarder should also be liable for the contract of carriage and for damages caused by third parties such as the carrier or agent who completed the carriage。However, in some countries (such as France), the freight forwarder is not responsible for the performance of the contract of carriage except for the performance of the contract (meaning carriage)。
5.The international freight forwarder is responsible for the warehousing
When the freight forwarder receives the goods and is ready for storage, he shall issue the goods receipt or warehouse certificate to the customer after receiving the goods, and choose the appropriate storage method according to the characteristics and packaging of the goods, and manage the goods to the best of his duties。If the customer has special requirements and instructions for the storage of the goods, they should also be carried out together。The freight forwarder shall not be liable for any loss or damage to the goods that occurs after the performance of his duties, unless it can be proved that the loss or damage to the goods was due to the freight forwarder's misconduct and defects in the selection of the warehouse in which the goods were stored, or to negligence or negligence in the storage of the goods。As a warehouse personnel, when storing the goods on their own, in addition to the above responsibilities, they shall also bear the responsibilities prescribed by the warehouse。
6.Exclusions for international freight forwarders。
Although there is no international convention on international freight forwarders to date, it is generally accepted that international freight forwarders are not liable for damage or loss of goods。
(1) Negligence or fault of the client;
(2) due to the fault of the customer or other agents in the course of loading, unloading, storage or other operations;
(3) Natural features or potential defects of the goods themselves;
(4) Because the packing of the goods is not strong (not completed by the freight forwarder), the mark is not clear;
(5) the address of delivery of the goods is unclear, incomplete or inaccurate;
(6) because the contents of the goods application are unclear, incomplete, or omitted;
(7) Force majeure, natural disasters, causes of accidents。
However, in the above cases, it can be proved that the damage or loss of the goods is caused by the fault and negligence of the freight forwarder, the freight forwarder shall still be liable。
In recent years, the responsibility of freight forwarders has changed a lot, and there is a growing trend。The days of the traditional freight forwarder as the least risky agent are over, and current freight forwarders often have to take on greater responsibility as the price of success。