Roxy Fast Freight Standard Terms and Conditions
The terms and conditions are recommended for use, starting April 2020, by Roxy O’Brien t/a Roxy Fast Freight. -This recommendation is obligatory.
- Interest of the principal and due care
The freight forwarder shall act in the interest of his principal and fulfil his duties with due care.
- Area of application
Roxy Fast Freight Standard Terms and Conditions apply to all contracts for the transportation of goods, irrespective of whether they concern freight forwarding, carriage, warehousing, or other services common to the forwarding trade; these also include logistical services commonly provided by freight forwarders in connection with the carriage or storage of goods.
In the case of forwarding services, the freight forwarder is only responsible for arranging the necessary contracts required for the performance of these services, unless other legal provisions take precedence.
Roxy Fast Freight Standard Terms and Conditions are not applicable for contracts that deal exclusively with
– the carriage of removal goods and their storage,
– crane lifting, assembly jobs or heavy lift and high volume transports, except for normal
transhipment services of the freight forwarder.
– the carriage and storage of goods to be towed or salvaged.
The Roxy Fast Freight and Freight Forwarding services Standard Terms and Conditions are not applicable for transport contracts with consumers. Consumers are natural persons concluding the contract for reasons other than commercial or in pursuit of their professional activities.
If trade customs or legal provisions differ from Roxy Fast Freight Standard Terms and Conditions, the Roxy Fast Freight Standard Terms and Conditions take precedence unless these legal provisions are mandatory. For contracts of carriage by air, sea, inland waterways or for multi-modal transports different contractual arrangements may be made in accordance with the terms of carriage devised for these transports.
The freight forwarder is authorised to agree to normal standard terms and conditions of third parties.
In the relationship between a principal freight forwarder and an intermediate freight forwarder, Roxy Fast Freight Standard Terms and Conditions are deemed to be the general terms and conditions of the intermediate freight forwarder.
- Instructions, transmission errors, contents, special type of goods
Forwarding instructions, other instructions, directives, and communications are valid even if given informally. Subsequent modifications must be specifically identifiable as being amendments.
The burden of proof for the correct and complete transmission lies with the party referring to it.
If statements must be made in writing, they are deemed to having been made in writing when using electronic data communication or any other machine readable form for as long as the originator of the message is identifiable.
The principal must inform the freight forwarder, at the time of giving the instructions, that the
transport contract concerns:
– dangerous goods
– live animals and plants
– valuable goods and goods with an inherent risk of theft
The principal must specify in his instructions addresses, marks, numbers, quantity, nature, and contents of the packages as well as declaring the properties of the goods, as required in the previous paragraph, the goods value for insurance purposes and any other information relevant for the proper execution of the forwarding instructions.
In the case of dangerous goods, the principal must inform the freight forwarder in writing – at the time of giving the instructions – of the exact nature of the hazard and, if appropriate, about precautionary measures. In the case of dangerous goods subject to the law for the carriage of dangerous goods or other goods, the carriage of which is subject to specific regulations regarding dangerous goods, their handling or their disposal, the principal has to make the necessary declarations required for the proper execution of the forwarding instruction, especially the classification in accordance with the regulations for dangerous goods.
The principal must inform the freight forwarder about particularly valuable goods or goods with an inherent risk of theft (e.g., cash, precious metals, jewellery, clocks and watches, precious stones, works of art, antiquities, bank or credit cards, valid telephone cards or other means of payment, bonds, shares and similar, foreign currencies, documents, spirits, tobacco, entertainment electronics, telecommunications devices and accessories) well in advance to allow the freight forwarder to decide about acceptance of the goods and to take measures for a safe and secure execution of the forwarding job.
If a forwarding instruction does not comply with the terms stated in this section, the freight
forwarder has the option to
– refuse acceptance of the goods
– return goods already accepted or to make them available for collection
– ship, transport or store them without the need to notify the principal and to charge an
extra, appropriate fee, if the safe and secure execution of the instruction causes extra
The freight forwarder is not obliged to check or supplement the statements made regarding this
The freight forwarder is not obliged to check the authenticity of signatures on any messages or
documents relating to goods, nor to check the authority of the signatories, unless there exist reasonable doubts concerning the authenticity or authority.
- Packaging, provision of loading and packaging aids, weighing and checking
Unless specifically stated, the forwarding instruction does not cover
– the packaging of the goods,
– the weighing, checking, measures to preserve or enhance the goods and its packaging,
unless this is customary for this kind of transaction,
– the provision or exchange of pallets or other loading or packaging aids. If they are not
swapped one-for-one, they are only picked up as part of a new forwarding instruction.
This does not apply if the exchange is intentionally not carried out by the freight forwarder.
These services are charged for separately.
- Customs clearance
The instruction for shipment to a destination in another country includes instructions for customs clearance, if this is necessary for arranging the transport to the place of destination.
The freight forwarder is entitled to an extra fee for the customs clearance, over and above the
actual costs incurred. The instruction to forward bond goods or to deliver them free house, authorises the freight forwarder to effect the customs clearance and to advance customs and excise duties and fees.
- Packaging and marking obligation of the principal
The packages have to be clearly and durably marked by the principal to facilitate their proper handling, e.g. addresses, marks, numbers, symbols for handling and properties; old marks must be removed or made illegible.
In addition, the principal is under obligation:
– to mark all packages belonging to the same consignment in such a way that they are
easily recognised as forming one consignment.
Packages are single packages or units of packages, formed by the principal for the purpose of
being carried according to the forwarding instruction, e.g., boxes, wire boxes, pallets,.
- Supervisory duties of the freight forwarder
At specific interfaces the freight forwarder is under the obligation to:
– check packages regarding their quantity, identity and apparent good order and whether
seals and fastenings are intact;
– document irregularities (e.g. in the accompanying document or by special notification
An interface is any point at which the responsibility for the packages is passed on to another
operator/agent or the handing over point at the end of each stage of the transportation process.
Upon request by the principal, the freight forwarder shall issue a certificate of receipt. With this certificate the freight forwarder confirms the quantity and type of packages, but not their contents, value or weight. In the case of bulk goods, full loads and such like the certificate of receipt does not state the gross weight or any other description of the quantity of the goods. As proof of delivery the freight forwarder requests from the consignee a receipt of the packages as named in the forwarding instruction or other accompanying transport documents. Should the consignee refuse to sign for the receipt of the goods, the freight forwarder must request further instructions. If the goods have already been unloaded at the consignee, the freight forwarder is entitled to regain possession.
An instruction remains valid for the freight forwarder until revoked by the principal.
In the case of insufficient or impractical instructions the freight forwarder may use his professional judgement. An instruction to hold goods at the disposal of a third party can no longer be revoked after instructions from the third party have been received by the freight forwarder.
- Freight payment, cash on delivery
The statement by the principal that the instruction is to be executed freight unpaid or that the costs are to be paid by the consignee or a third party does not affect his liability for payment of all charges.
The previous statement does not concern cash on delivery instructions.
In the absence of specific agreements, neither loading or delivery deadlines are guaranteed, nor the sequence of the handling of goods of the same means of transport. This does not affect the freight forwarder’s statutory liability with regard to missing deadlines.
Obstacles beyond the freight forwarder’s control relieve him, for their duration, from the duties
that are affected by these obstacles. In the case of such obstacles, the freight forwarder or the principal have the right to withdraw from the contract even if it has already been partially performed. If the freight forwarder or the principal withdraws from the contract, the freight forwarder is entitled to the costs which he deemed to be necessary to be incurred or which were incurred in the interest of the principal. The freight forwarder is only obliged within the framework of his ordinary professional care to advise the principal about legal or official restrictions concerning the shipment (e.g., import/export restrictions). If, however, the freight forwarder, through public statements or in the course of negotiations, created the impression that he has expert knowledge about specific circumstances, he has to act appropriately to this knowledge and expertise.
Governmental and/or official acts beyond the freight forwarder’s control do not affect the rights of the freight forwarder towards his principal; the principal is liable towards the freight forwarder for all claims arising out of such acts. Claims of the freight forwarder against the state or third parties are not affected.
Delivery is deemed to have been affected when the goods are handed over to any person present on the premises of the consignee, unless there are apparent reasonable doubts about their authority to receive goods on behalf of the consignee.
- Right to information
The freight forwarder is obliged to provide the principal with all necessary information, to inform him, upon request, about the status of the transaction and to provide information about all transactions so far, however, he is only obliged to reveal the costs incurred if he acted in the name of the principal.
The freight forwarder is obliged to pass everything he receives/obtains while acting for him to the principal.
The choice of warehousing location (own or third party) is with the freight forwarder. The principal is at liberty to inspect the warehouse. Objections or complaints about the storage of the goods must be made immediately. If he does not exercise the right of inspection, he waves all rights to objections against the storage and warehousing, for as long as the choice and type of storage complies with the usual professional care of a freight forwarder.
- Offers and Payment
Offers from the freight forwarder and agreements with him regarding price and services always refer to specified own services or those of third parties, and to goods of normal size, weight and nature; they presume normal unfettered transport situations, unimpeded access, the possibility of immediate on-shipment and that freight rates, exchange rates and tariffs upon which the quotation was based remain valid, unless changes could be foreseen under the current circumstances. The note “plus the usual ancillary charges” entitles the freight forwarder to charge for supplements and surcharges.
All quotations made by the freight forwarder are valid only for immediate acceptance and immediate execution of the relevant task, unless otherwise specified in the quotation, and when the instructions refer to the quotation. All quotes are made on a proforma basis unless otherwise agreed to stated on invoice or quotation official email or paperwork. In case of a cancellation of or withdrawal from the instruction the freight forwarder is entitled to the claims.
If the consignee refuses to accept a consignment destined for him or, if the delivery is impossible for reasons beyond the control of the freight forwarder, the freight forwarder is entitled to the cartage charges for the return of the consignment.
- Disbursements of the freight forwarder, exemption from third party claims
The freight forwarder is entitled to reimbursement for outlays which he could reasonably consider appropriate. The instruction to accept incoming consignments entitles the freight forwarder – but does not oblige him – to advance freight, COD-sums, duties, taxes and other dues in connection with
such consignments. The principal has to relieve the freight forwarder immediately of demands regarding freight, average demands, customs duties, taxes or other dues directed against the freight forwarder as being agent for or possessor of the goods owned by third parties, when the freight forwarder is not responsible for such payments. The freight forwarder is entitled to take reasonable measures appropriate to protect him. If the circumstances do not require immediate action, the
freight forwarder must request instructions from his principal. The principal must inform the freight forwarder in an appropriate way about all public/legal obligations, e.g. regarding customs regulations or trademark obligations, arising from the possession of the goods, unless it may reasonably be deduced from the quotation of the freight forwarder that he is aware of such obligations.
- Invoices, foreign currencies
Freight forwarders’ invoices are due immediately. The payment is accepted in local currency unless either parties agree to another currency or it is agreeable to pay in a 3rd currency i.e. US$. If he demands payment in UK currency, the current exchange rate will be used; unless it can be proven that a different rate of exchange must be used or was used.
Claims arising out of the forwarding contract and other related claims may only be set off against counter claims, if these are undisputed.
- Lien and retention
The freight forwarder has a lien on all goods in his possession or other valuables in connection with any claim, whether due or not for any services for his principal.
- Insurance of the goods
The freight forwarder arranges for the insurance of the goods (e.g., transit or warehousing insurance) with an insurer of his choice if instructed to do so by the principal before the goods are handed over. If the freight forwarder cannot effect insurance cover, either due to the nature of the goods or for any other reason, he must inform the principal without delay. All goods are received and transported and stored by Roxy Fast Freight without insurance unless stated on the accepted quotation and any order received from the client.
- Liability of the freight forwarder, cession of claims
The freight forwarder bears no liability for any his services. Unless specified otherwise, however, the following shall apply. If the freight forwarder is only responsible for arranging the contracts required for the services requested, his responsibility is limited to the careful choice of such third party service providers. In all cases where the freight forwarder is liable for loss of or damage to goods, his liability will be in accordance with UK Commercial Law.
If UK Commercial Law are not applicable, the freight forwarder is liable for damage resulting from:
– insufficient packaging or marking by the principal or third parties
– agreed or customary outdoor storage
– theft or robbery
– Acts of God, weather conditions, failure of appliances or wiring, influence of other goods,
damage by animals, inherent vice
Only, if there is evidence of the freight forwarder being at fault. If the damage could have arisen from one of the above circumstances it shall be deemed to have arisen from it. If the freight forwarder has a claim against a third party for damage for which he is not liable, or if the freight forwarder has claims in excess of the sum for which he is liable, he must, on
request, cede such claim to his principal, unless the freight forwarder, by special agreement, had undertaken to pursue such claims at the cost and risk of his principal.
The principal may also demand that the freight forwarder cedes all claims against third parties to him. UK Commercial Law remain unaffected. If the claims of the principal have been met by the freight forwarder or by the forwarders’ insurance, the claim to be ceded is limited to that portion which exceeds that already paid by the freight forwarder or his insurance.
- Limitation of liability
The liability of the freight forwarder for loss of or damage to goods, with the exception of warehousing on request, is limited to £100 per consignment unless overwise agreed before shipment collected.
- Notification of a claim
Claims have to be made in accordance UK Commercial Law: The goods have to be examined immediately with respect to their completeness and conformity with the terms and conditions of sale with the documentation. Obvious failures and deficiencies have to be reported immediately in writing. With delivery without acknowledgment (night or weekend delivery) complaints will be considered only if the recipient reports the damage claim immediately after start of work on the next business day in writing no later than 12:00 clock.
- Freight forwarding insurance
The freight forwarder is NOT obliged to cover, his transport-related liability unless stated on quotation according to Roxy Fast Freight Standard Terms and Conditions and if so can choice to legally use any insurer of their choice.
Agreements for maximum compensation per claim, event and year are permitted; also contributions from the freight forwarder. The freight forwarder may only refer to Roxy Fast Freight Standard Terms and Conditions towards his principal if he has arranged sufficient insurance cover at the time of the forwarding instructions are issued.
If requested by the principal, the freight forwarder has to provide proof of this liability insurance cover.
- Place of fulfilment, place of jurisdiction, applicable law
The place of fulfilment for all parties to the contract is the location of that branch office of the freight forwarder at which the instructions are directed. The place of jurisdiction for all disputes arising out the instruction is for all participants, so far as they are business people, the location of that branch office of the freight forwarder at which the instructions are directed. The legal relationship between the freight forwarder and the principal or his legal successors is governed by the law of the UK.
www.roxyfastfreight.com may take on other transport or logistic work from a client and standard terms apply unless otherwise stated on their quotation or invoice.
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