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Unit 7, Lakeside Industrial Estate
Lakeside Road
Off Colnbrook bypass
SL3 0ED

 

Terms and Conditions

All Mode Fordwarding Ltd t/a Production Freight is a member of the British International Freight Association (BIFA) and all business undertaken is subject to the BIFA terms and conditions as detailed below:

BRITISH INTERNATIONAL FREIGHT ASSOCIATION (BIFA) – STANDARD TRADING CONDITIONS 2005A EDITION

THE CUSTOMER’S ATTENTION IS DRAWN TO SPECIFIC CLAUSES HEREOF WHICH EXCLUDE OR LIMIT
THE COMPANY’S LIABILITY AND THOSE WHICH REQUIRE THE CUSTOMER TO INDEMNIFY THE COMPANY IN CERTAIN
CIRCUMSTANCES AND THOSE WHICH LIMIT TIME AND THOSE WHICH DEAL WITH CONDITIONS OF ISSUING EFFECTIVE
GOODS INSURANCE BEING CLAUSES 8, 10, 11(A) and 11(B)
12-14 INCLUSIVE, 18-20 INCLUSIVE, AND 24-27 INCLUSIVE

All headings are indicative and do not form part of these conditions
DEFINITIONS AND APPLICATION
1 In these conditions the following words shall have the following meanings: –
2(A) Subject to sub-paragraph (B) below, all and any activities of the Company in the course of
business, whether gratuitous or not, are undertaken subject to these conditions.
(B) If any legislation, to include regulations and directives, is compulsorily applicable to
any busi ness
undertaken, these conditions shall, as regards such business, be read as subject to such
legislation, and nothing in these conditions shall be construed as a surrender by the Company of
any of its rights or immunities or as an increase of any of its responsibilities or liabilities
under such legislation, and if any part of these conditions be repugnant to such legislation to any
extent, such part shall as regards such business be overridden to that extent and no further.
3 The Customer warrants that he is either the Owner, or the authorised agent of the Owner
and, also, that he is accepting these conditions not only for himself, but also as agent for and on
behalf of the Owner.
THE COMPANY
4(A) Subject to clauses 11 and 12 below, the Company shall be entitled to procure any or all
of the
services as an agent, or, to provide those services as a principal.
(B) The Company reserves to itself full liberty as to the means, route and procedure to be
followed in the performance of any service provided in the course of business undertaken
subject to these conditions.
5 When the Company contracts as a principal for any services, it shall have full liberty
to perform such services itself, or, to subcontract on any terms whatsoev er, the whole or any part
of such services.
6(A) When the Company acts as an agent on behalf of the Customer, the Company shall be
entitled, and the Customer hereby expressly authorises the Company, to enter into all and any
contracts on behalf of the Customer as may be necessary or desirable to fulfil the Customer’s
instructions, and whether such contracts are subject to the trading conditions of the parties with
whom such contracts are made, or otherwise.
(B) The Company shall, on demand by the Customer, provide evidence of any c ontract entered
into as agent for the Customer. Insofar as the Company may be in default of the obligation to
provide such evidence, it shall be deemed to have contracted with the Customer as a principal for
the performance of the Customer’s instructions.
7 In all and any dealings with HMRC for and on behalf of the Customer and/or Owner, the
Company is deemed to be appointed, and acts as, Direct Representative only.
8(A) Subject to sub-clause (B) below, the Company:
(i) has a general lien on all Goods and documents relating to Goods in its possession, custody
or control for all sums due at any time to the Company from the Customer and/or Owner on any
account whatsoev er, whether relating to Goods belonging to, or services provided by or on behalf
of the Company to the Customer or Owner. Storage charges shall continue to accrue on
any Goods detained under lien;
(ii) shall be entitled, on at least 28 days notice in writing to the Customer, to sell or
dispose of or deal with such Goods or documents as agent f or, and at the expense of, the Customer
and apply the proceeds in or towards the payment of such sums;
(iii) shall, upon accounting to the Customer for any balance remaining after payment of any sum
due to the Company, and for the cost of sale and/or disposal and/or dealing, be discharged of any
liability whatsoev er in respect of the Goods or documents.
(B) When the Goods are liable to perish or deteriorate, the Company’s right to sell or dispose
of or deal with the Goods shall arise immediately upon any sum becoming due to the Company, subject
only to the Company taking reasonable steps to bring to the Customer’s attention its intention to
sell or dispose of the Goods before doing so.
9 The Company shall be entitled to retain and be paid all brokerages , commissions,
allowances and other remunerations customarily retained by, or paid to, freight forwarders.
10(A) Should the Customer, Consignee or Owner of the Goods fail to take delivery at the appointed
time and place when and where the company is entitled to deliver, the Company shall be entitled to
store the Goods, or any part thereof, at the sole risk of the Customer or Consignee or Owner,
whereupon the Company’s liability in respect of the Goods, or that part thereof, stored as
aforesaid, shall wholl y cease. The Company’s liability, if any, in relation to such
storage, shall be gov erned by these conditions. All costs incurred by the Company as a result
of the failure to take delivery shall be deemed as freight earned, and such costs shall, upon
demand, be paid by the Customer.
(B) The Company shall be entitled at the expense of the Customer to dispose of or deal with (by
sale or otherwise as may be reasonable in all the circumstances): –
(i) after at least 28 days notice in writing to the Customer, or (where the Customer cannot be
traced and reasonable efforts hav e been made to contact any parties who may reasonably be supposed
by the Company to have any interest in the Goods) without notice, any Goods which hav e been held
by the Company for 90 days and which cannot be delivered as instructed; and
(ii) without prior notice, any Goods which have perished, deteriorated, or altered, or
are in immediate prospect of doing so in a manner which has caused or may reasonably be expected
to cause loss or damage to the Company, or third parties, or to contravene any applicable laws or
regulations.
11(A) No insurance will be effected except upon express instructions given in writing by the
Customer and accepted in writing by the Company, and all insurances effect ed by the Company are
subject to the usual exceptions and conditions of the policies of the insurers or underwriters
taking the risk. Unless otherwise agreed in writing, the Company shall not be under any obligation
to effect a separate insurance on the goods, but may declare it on any open or general policy held
by the Company.
(B) Insofar as the Company agrees to effect insurance, the Company acts solely as
agent for the Customer, and the limits of liability under clause 26(A) (ii) of these conditions
shall not apply to the Company’s obligations under clause 11.
12(A) Except under special arrangements previously made in writing by an officer of the Company so
authorised, or made pursuant to or under the terms of a printed document signed by the Company, any
instructions relating to the delivery or release of the Goods in specified circumstances (such as,
but not limited to, against payment or against surrender of a particular document) are accepted by
the Company, where the Company has to engage third parties to effect compliance with
the instructions, only as agents for the Customer.
(B) Despite the acceptance by the Company of instructions from the Customer to collect freight,
duties, charges, dues, or other expenses from the Consignee, or any other Person, on receipt of
evidence of proper demand by the Company, and, in the absence of evidence of payment (for whatever
reason) by such Consignee, or other Person, the Customer shall remain responsible for such freight,
duties,
charges, dues, or other expenses.
(C) The Company shall not be under any liability in respect of such arrangements as are referred
to under sub-clause (A) and (B) hereof sav e where such arrangements are made in writing, and in
any ev ent, the Company’s liability in respect of the performance of, or arranging the performance
of, such instructions shall not exceed the limits set out in clause 26(A) (ii) of these conditions.
13 Advice and information, in whatever form it may be given, is provided by the Company for
the Customer only. The Customer shall indemnify the Company against all loss and damage suffered
as a consequence of passing such advice or information on to any third party.
14 Without prior agreement in writing by an officer of the Company so authorised, the
Company will not accept or deal with Goods that require special handling regarding carriage,
handling, or security whether owing to their thief attractive nature or otherwise including, but
not limited to bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human
remains, livestock, pets, plants. Should any Customer nevertheless deliver any such goods to the
Company, or cause the Company to handle or deal with any such goods, otherwise than under such
prior agreement, the Company shall have no liability whatsoev er for or in connection with the
goods, howsoev er arising.
15 Except pursuant to instructions previously received in writing and accepted in
writing by the
Company, the Company will not accept or deal with Goods of a dan gerous or damaging nature, nor
with Goods likely to harbour or encourage vermin or other pests, nor with Goods liable to taint or
affect other Goods. If such Goods are accepted pursuant to a special arrangement, but, thereafter,
and in the opinion of the Company, constitute a risk to other goods, property, life or health, the
Company shall, where reasonably practicable, contact the Customer in order to require
him to remove or otherwise deal with the goods, but reserves the right, in any event, to do so
at the expense of the Customer.
16 Where there is a choice of rates according to the extent or degree of the liability
assumed by the Company and/or third parties, no declaration of value will be made and/or treated as
having been made except under special arrangements previously made in writing by an officer of the
Company so authorised as referred to in clause 26(D).
THE CUSTOMER

17(A) The Customer warrants:
(i) that the description and particulars of any Goods or information furnished, or services r
equired, by or on behalf of the Customer are full and accurate, and

(ii) that any Transport Unit and/or equipment supplied by the Customer in relation to the
performance of any requested service is fit for purpose, and
(B) that all Goods have been properly and sufficiently prepared, packed, stowed, labelled and/or
marked, and that the preparation, packing, stowage, labelling and marking are appropriate to any
operations or transactions affecting the Goods and the characteristics of the Goods.
(C) that where the Company receives the Goods from the Customer already stowed in or on a
Transport Unit, the Transport Unit is in good condition, and is suitable for the
carriage to the intended destination of the Goods loaded therein, or thereon, and
(D) that where the Company provides the Transport Unit, on loading by the Customer, the Transport
Unit is in good condition, and is suitable for the carriage to the intended destination of the
Goods loaded therein, or thereon.
18 Without prejudice to any rights under clause 15, where the Customer delivers to the
Company, or causes the Company to deal with or handle Goods of a dangerous or damaging nature, or
Goods likely to harbour or encourage vermin or other pests, or Goods liable to taint or affect
other goods, whether declared to the Company or not, he shall be liable for all loss
or damage arising in connection with such Goods, and shall indemnify the Company
against all penalties, claims, damages, costs and expenses whatsoev er arising in connection
therewith, and the Goods may be dealt with in such manner as the Company, or any other person in
whose custody they may be at any relevant time, shall think fit.
19 The Customer undertakes that no claim shall be made against any director, servant, or
employee of the Company which imposes, or attempts to impose, upon them any liability in connection
with any services which are the subject of these conditions, and, if any such claim should
nevertheless be made, to indemnify the Company against all consequences thereof.
20 The Customer shall save harmless and keep the Company indemnified from and against: –
(A) all liability, loss, damage, costs and expenses whatsoev er (including, without
prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and
outlays of whatsoev er nature levied by any authority in relation to the Goods) arising
out of the Company acting in accordance with the Customer’s instructions, or arising from any
breach by the Customer of any warranty contained in these conditions, or from the negligence of the
Customer, and
(B) without derogation from sub-clause (A) above, any liability assumed, or incurred by the
Company when, by reason of carrying out the Customer’s instructions, the Company has become liable
to any other party, and
(C) all claims, costs and demands whatsoev er and by whomsoev er made or preferred, in excess
of the liability of the Company under the terms of these conditions, regardless of whether such
claims, costs, and/or demands arise from, or in connecti on with, the breach of contract,
negligence or breach of duty of the Company, its servants, sub-contractors or agents, and
(D) any claims of a general average nature which may be made on the Company.
21(A) The Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due,
immediately and without reduction or deferment on account of any claim, counterclaim or set -off.
(B) The Late Payment of Commercial Debts (Interest) Act 1998, as amended, shall apply to all sums
due
from the Customer.
22 Where liability arises in respect of claims of a general average nature in connection
with the Goods, the Customer shall promptly provide security to the Company, or to any other party
designated by the Company, in a form acceptable to the Company.
LIABILITY AND LIMITATION
23 The Company shall perform its duties with a reasonable degree of care, diligence, skill
and judgment.
24 The Company shall be relieved of liability for any loss or damage if, and to the extent
that, such loss or damage is caused by:-
(A) strike, lock-out, stoppage or restraint of labour, the consequences of which the Company is
unable to
av oid by the exercise of reasonable diligence; or
(B) any cause or event which the Company is unable to avoid, and the consequences of whi ch the
company is unable to prevent by the exercise of reasonable diligence.

25 Except under special arrangements previously made in writing by an officer of the Company
so authorised, the Company accepts no responsibility with regard to any failure to ad here to
agreed departure or arrival dates of Goods.
26(A) Subject to clause 2(B) and 11(B) above and sub-clause (D) below, the Company’s liability
howsoev er
arising and, notwithstanding 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
(b) a sum at the rate of 2 SDR per kilo of the gross weight of any Goods lost or damaged whichever
shall be the lower.
(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 two 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, whichever shall be the least.
(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 lower.
For the purposes of clause 26(A), the value of the Goods shall be their value when they were, or
should hav e been, shipped. The value of SDR shall be calculated as at the date when the cl aim is
received by the Company in writing.
(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 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 whatever exceed a sum equal to twice the amount of the
Company’s charges in respect of the relevant contract.
(C) Save in respect of such loss or damage as is referred to at sub-clause (B), and subject to
clause 2(B) abov e and Sub-Clause (D) below, the Company shall not in any circumstances whatsoev er
be liable for indirect or consequential loss such as (but not limited to) loss of profit, loss of
market, or the consequences of delay or deviation, howev er caused.
(D) On express instructions in writing declaring the commodity and its v alue, 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 Company’s additional
charges for accepting such increased liability. Details of the Company’s additional charges will
be provided upon request.
27(A) Any claim by the Customer against the Company arising in respect of any service provided
for the Customer, or which the Company has undertaken to provide, shall be made in writing and
notified to the Company within 14 days of the date upon which the Customer became, or ought
reasonably to hav e become, aware of any event or occurrence alleged to give rise to such claim,
and any claim not made and notified as aforesaid shall be deemed to be waiv ed and absolutely
barred, except where the Customer can show that it was impossible for him to comply with this time
limit, and that he has made the claim as soon as it was reasonably possible for him to do so.
(B) Notwithstanding the provisions of sub-paragraph (A) above, the Company shall in any event be
discharged of all liability whatsoev er and howsoev er arising in respect of any service provided
for the Customer, or which the Company has undertaken to provide, unless suit be brought and
written notice thereof given to the Company within nine months from the date of the event or occur
rence alleged to give rise to a cause of action against the Company.

JURISDICTION AND LAW
28 These conditions and any act or contract to which they apply shall be governed by English
law and any dispute arising out of any act or contract to which these Co nditions apply shall be
subject to the exclusive jurisdiction of the English courts.
“Company” the BIFA member trading under these conditions
“Consignee” the Person to whom the goods are consigned
“Customer” any Person at whose request or on whose behalf the
Company undertakes any business or provides advice, information or services

“Direct
Representative”

the Company acting in the name of and on behalf of the Customer and/or Owner with H.M. Revenue and
Customs (“HMRC”) as defined by Council Regulation 2913/92 or as amended

“Goods” the cargo to which any business under these conditions relates
“Person” natural person(s) or any body or bodies corporate
“SDR” are Special Drawing Rights as defined by the International
Monetary
Fund
“Transport Unit” packing case, pallets, container, trailer, tanker, or any other
device
used whatsoev er for and in connection with the carriage of Goods by land, sea or air
“Owner” the Owner of the Goods or Transport Unit and any other Person
who is or may become interested in them.