Seguridad / Condiciones generales

Standard Conditions (1997) governing the FIATA Multimodal Transport Waybill

1. Applicability

  • These conditions  shall also apply if the transport as described  in this FWB is performed  by only one mode of transport.

2. Issuance of this FWB

  • 2.1. By issuance of this FWB the Freight Forwarder
  • a) undertakes  to perform and/or in his own name to procure the performance of the transport, from the place at which the Goods are taken in charge (place of receipt evidenced  in this FWB) to the place of delivery designated  in this FWB;
  • b) assumes liability as a carrier as set out in these conditions.
  • 2.2. Subject to the conditions  of this FWB the Freight Forwarder  shall be responsible  for the acts and omissions  of his servants or agents acting within the scope of their employment, or any other person of whose services he makes use for the performance of the contract evidenced  by this FWB, as if such acts and omissions  were his own.

3. Agency

  • 3.1. The Consignor  on entering into this transport contract does so not only on his own behalf but also as agent for and on behalf of the Consignee,  and warrants to the Freight Forwarder  that he has authority so to do.
  • 3.2. This rule shall apply if, and only if, it be necessary  by the law applicable  to this transport contract so as to enable the Consignee  to sue and be sued thereon. The Consignee  shall be under no greater liability than he would have been had the transport contract been covered by a bill of lading or similar document  of title.

4. Right of control

  • 4.1. Unless the Consignor  has exercised  his option under clause 4.2 below, he shall be the only party entitled to give the Freight Forwarder  instructions  in relation to this transport contract. Unless prohibited  by the applicable  law, he shall be entitled to change the name of the Consignee  at any time up to the Consignee  claiming delivery of the Goods after arrival at destination,  provided he gives the Freight Forwarder  reasonable  notice in writing, or by some other means acceptable  to the Freight Forwarder,  thereby undertaking  to indemnity  the Freight Forwarder  against any additional expense caused thereby.
  • 4.2. The Consignor  shall have the option, to be exercised  not later than upon the receipt of the Goods by the Freight Forwarder,  to transfer the right of control to the Consignee.  The exercise of this option must be noted on the FWB prior to or at the time of its issue. Where the option has bees exercised  the Consignee  shall have such rights as are referred to in clause 4.1 above and the Consignor  shall cease to have such rights.

5. Dangerous  Goods and Indemnity

  • 5.1. The Merchant shall comply with rules which are mandatory  according  to the national law or by reason of international convention,  relating to the carriage at Goode of a dangerous  nature, and shall in any case inform the Freight Forwarder  in writing of the exact nature of the danger before Goods of a dangerous  nature are taken in charge by the Freight Forwarder  and indicate to him, if need be, the precautions  to be taken.
  • 5.2. If the Merchant fails to provide such information  and the Freight Forwarder  is unaware of the dangerous  nature of the Goods and the necessary  precautions  to be taken and if, at any time, they are deemed to be a hazard to life or property, they may at any place be unloaded,  destroyed  or rendered harmless,  as circumstances may require, without compensation. The Merchant shall indemnify  the Freight Forwarder  against all loss, damage, liability, or expense arising out of their being taken in charge, or their carriage, or of any service incidental  thereto. The burden of providing that the Freight Forwarder  knew the exact nature of the danger constituted  by the carriage of the said Goods shall rest on the Merchant.
  • 5.3. If any Goods shall become a danger to life or property, they may in like manner be unloaded or landed at any place or destroyed  or rendered harmless.  If such danger was not caused by the fault and neglect of the Freight Forwarder  he shall have no liability and the Merchant shall indemnify  him against all loss, damage, liability and expense arising therefrom.

6. Description  of Goods end Merchant’s  packing and inspection

  • 6.1. The information  in this FWB shall be prima facie evidence of the taking in charge by the Freight Forwarder  of the goods as described  by such information  unless a contrary indication,  such as “shipper’s  weight, load and count”, ‘shipper-packed’ container or similar expressions, has been made in the printed text or superimposed on this FWB.
  • 6.2. The Consignor  shall be deemed to have guaranteed  to the Freight Forwarder  the accuracy,  at the time the Goods were taken in charge by the Freight Forwarder,  of all particulars  relating to the general nature of the Goods, their marks, number, weight, volume and quantity and, if applicable,  to the dangerous  character of the Goods, as furnished by him or on his behalf for insertion on the FWB. The Consignor  shall indemnity  the Freight Forwarder  against all loss, damage and expense resulting from any inaccuracy  or inadequacy  of such particulars.
  • 6.3. The Freight Forwarder  shall not be liable for any loss, damage or expense caused by defective or insufficient packing of Goods or by inadequate  loading or packing within containers  or other transport units when such loading or packing has been performed  by the Merchant or on his behalf by a person other than the Freight Forwarder,  or by the defect or unsuitability  of the containers  or other transport units supplied by the Merchant or if supplied by the Freight Forwarder  if a defect or unsuitability  of the container or other transport unit would have been apparent upon reasonable inspection  by the Merchant.  The Merchant shall indemnity  the Freight Forwarder  against all loss, damage, liability and expense so caused.
  • 6.4. The right of the Freight Forwarder  to an indemnity  as per clause 6.2 and shall in no way limit his liability under this FWB to any person other than the Consignor.

7. Freight Forwarder’s  Liability

  • 7.1. The responsibility of the Freight Forwarder  for the Goods under these conditions  covers the period from the time the Freight Forwarder  has taken the Goods in his charge to the time of their delivery.
  • 7.2. The Freight Forwarder  shall be liable for loss of or damage to the Goods as well as for delay in delivery it the occurrence  which caused the loss, damage or delay in delivery took place while the Goods were in his charge, unless the Freight Forwarder  proves that no fault or neglect of his own, his servants or agents or any other person referred to in clause 2.2 has caused or contributed  to such loss, damage or delay. However, the Freight Forwarder  shall only be liable for loss following from delay in delivery if the Consignor  has made a declaration  of interest in timely delivery which has been accepted by the Freight Forwarder
  • 7.3. Arrival times are not guaranteed  by the Freight Forwarder  However, delay in delivery occurs when the Goods have not bees delivered within the time expressly agreed upon or, in be absence of such agreement,  within the time which would be reasonable  to require of a diligent Freight Forwarder,  having regard to the circumstances of the case.
  • 7.4. If the Goods have not been delivered within ninety consecutive  days following such date of delivery as determined in clause 7.3., the claimant may, in the absence of evidence to the contrary, treat the Goods as lost.
  • 7.5. When the Freight Forwarder  establishes  that, is the circumstances of the case” the loss or damage could be attributed to one or more causes or events, specified in a)- e) of the present clause, it shall be presumed  that it was so caused, always provided, however, that the claimant shall be entitled to prove that the loss or damage was not, in fact, caused wholly or partly by one or more of such causes or events:
  • a) an act or omission of the Merchant,  or person other than the Freight Forwarder  acting on behalf of the Merchant or from whom the Freight Forwarder  took the Goods in charge;
  • b) insufficiency or defective condition of the packaging  or marks and/or numbers;
  • c) handling, loading, stowage or unloading  of the Goods by the Merchant or any person acting on behalf of the Merchant;
  • d) inherent vice of the Goods;
  • e) strike, lockout, stoppage or restraint of labour;
  • 7.6. Defences for carriage by see or inland waterways notwithstanding clauses 7.2., 7.3. and 7.4. the Freight Forwarder  shall not be liable for loss, damage or delay in delivery with respect to Goods carried by sea or inland waterways  when such loss, damage or delay during such carriage has been caused by:
  • a) act, neglect, or default of the master. mariner, pilot or the servants of the carrier in the navigation  or in the management of the ship,
  • b) fire, unless caused by the actual fault or privity of the carder, however, always provided that whenever  loss or damage has resulted from unseaworthiness of the ship, the Freight Forwarder  can prove that due diligence has been exercised  to make the ship seaworthy  at the commencement of the voyage.

8. Paramount  Clauses

  • 8.1. These conditions  shall only take effect to the extent that they are not contrary to the mandatory  provisions  of international conventions or national law applicable  to the contract evidenced  by this FWB.
  • 8.2. The Hague rules contained  in the International Convention  for the unification  of certain rules relating to Bills of Lading, dated Brussels 25th August 1924, or in those countries where they are already in force the Hague-Visby Rules contained  in the Protocol of Brussels, dated 23rd February 1968, as enacted in the country of shipment,  shall apply to all carriage of goods by sea and also to the carriage of goods by inland waterways,  and such provisions  shall apply to all Goods whether carried on deck or under deck.
  • 8.3. The Carriage of Goods by Sea Act of the United States of America (US COGSA) shall apply to the carriage of Goods by sea, whether on deck or under deck, if compulsority applicable  to this FWB or would be applicable  but for the, Goods being carried on deck is accordance  with a statement  on this FWB.

9. Limitation  of Freight Forwarder’s  Liability

  • 9.1. Assessment of compensation for loss of or damage to the Goods shall be made by reference to the value of such Goods at the place and time they are delivered to the Consignee  or at the place and time when, in accordance  with this FWB, they should have been so delivered.
  • 9.2. The value of the Goods shall be determined  according  to the current commodity  exchange  price or, if there is no such price, according  to the current market price or’, it there are no such prices, by reference to the normal value of Goods of the same kind and quality.
  • 9.3. Subject to the provisions  of clauses 9.4.to 9.9. inclusive, the Freight Forwarder  shall in no event be or become liable for any loss of or damage to the Goods in an amount exceeding  the equivalent  of 666.67 SDR per package or unit or 2 SDR per kilogram of gross weight of the Goods lost or damaged,  whichever  is the higher, unless the nature and value of the Goods shall have been declared by the Consignor  and accepted by the Freight Forwarder  before the Goods have bean taken in his charge, or the ad valorem freight rate paid, and such value is stated in the FWB by him, then such declared value shall be the limit.
  • 9.4. Where a container,  pallet or similar article of transport is loaded with more than one package or unit, the packages  or other shipping units enumerated in the FWB as packed in such article of transport are deemed packages or shipping units. Except as aforesaid,  such article of transport shall be considered  the package or unit.
  • 9.5. Notwithstanding the above mentioned  provisions,  if the transport does not, according  to the contract, include carriage of goods by sea or by inland waterways,  the liability of the Freight Forwarder  shall be limited to an amount not exceeding  8.33 SDR per kilogram of gross weight of the Goods lost or damaged.
  • 9.6. a) When the loss of or damage of the Goods occurred during one particular stage of the transport. in respect of which an applicable  international convention  or mandatory  national law would have provided another limit of liability if a separate contract of carriage had been made for that particular stage of transport, then the limit of the Freight Forwarder’s  liability for such loss or damage shall be determined  by reference to the provisions  of such convention  or mandatory  national law.
  • b) Unless the nature and value of the Goods shall have been declared by the Merchant and inserted is this FWB, and the ad valorem freight rate paid, the liability at the Freight Forwarder  under US COGSA, where applicable,  shall not exceed US0 per package or, in the case of Goods not shipped in packages,  per customary  freight unit.
  • 9.7. If the Freight Forwarder  is liable in respect of loss following from delay in delivery, or consequential loss or damage other than loss of or damage to the Goods, the liability of the Freight Forwarder  shall be limited to an amount not exceeding  the equivalent  of twice the freight for the transport under this FWB.
  • 9.8. The aggregate  liability of the Freight Forwarder  shall not exceed the limits of liability for total loss of the Goods.
  • 9.9. The Freight Forwarder  is not entitled to the benefit of the limitation of liability if it is proved that the loss, damage or delay in delivery resulted from a personal act or omission of the Freight Forwarder  done with the intent to cause such loss, damage or delay, or recklessly  and with knowledge  that such loss, damage or delay would probably result.

10. Applicability  to Actions in Tort

  • These conditions  apply to all claims against the Freight Forwarder  relating to the performance of the contract evidenced  by this FWB, whether the claim be founded in contract or in tort.

11. Liability of Servants and other Persons

  • 11.1. These conditions  apply whenever  claims relating to the performance of the contract evidenced  by this FWB are made against any servant, agent or other person (including  any independent contractor)  whose services have been used in order to perform the contract, whether such claims are founded in contract or in tort, and the aggregate liability of the Freight Forwarder  and of such servants, agents or other persons shall not exceed the limits in clause 9.
  • 11.2. In entering into this contract as evidenced  by this FWB, the Freight Forwarder,  to the extent of these provisions, does not only act on his own behalf, but also as agent or trustee for such persons, and such persons shall to this extent be or be deemed to be parties to this contract.
  • 11.3. However if it is proved that the loss of or such loss or damage to the Goods resulted from a personal act or omission of such a person referred to in clause 11.1., done with intent to cause damage, or recklessly  and with knowledge  that damage would probably result, such person shall not be entitled to benefit of limitation of liability provided for in clause 9.
  • 11.4. The aggregate  of the amounts recoverable  from the Freight Forwarder  and the persons referred to in clauses 2.2. and 11.1, shall not exceed the limits provided for in these conditions.

12. Method and Route of Transportation

  • Without notice to the Merchant,  the Freight Forwarder  has the liberty to carry the Goods on or under deck and to choose or substitute  the means, route and procedure  to be followed in the handling, stowage, storage and transportation of the Goods.

13. Delivery

  • 13.1. Goods shall be deemed to be delivered when they have been handed over or placed at the disposal of the Consignee  or his agent in accordance  with this FWB or with the law or usage of the particular trade applicable  at the place of delivery, or when the Goods have been handed over to any authority or other party to whom, pursuant to the law or regulation  applicable  at the place of delivery, the Goode must be handed over, or such other place at which the Freight Forwarder  is entitled to call upon the Merchant to take delivery.
  • 13.2. In case it proves impossible  to perform or procure the performance at all acts necessary  to ensure delivery of the Goods the Freight Forwarder  shall also be entitled to store the Goods at the sole risk of the Merchant,  and the Freight Forwarder’s  liability shall cease, and the cost of such storage shall be paid, upon demand, by the Merchant to the Freight Forwarder
  • 13.3. The Freight Forwarder  shall not be liable for incorrect delivery, unless he has failed to exercise reasonable  care to ascertain that the party claiming to be the Consignee  is in fact that party.
  • 13.4. If at any time the carriage under this FWB is or is likely to be affected by any hindrance  or risk of any kind (including  the condition of the Goods) not arising from any fault or neglect of the Freight Forwarder  or a person referred to in clause 2.2. and which cannot be avoided by the exercise of reasonable  endeavour  the Freight Forwarder  may: abandon the carriage of the Goods under this FWB and, where reasonably  possible, place the Goods or any part of them at the Merchant’s  disposal at any place which the Freight Forwarder  may deem safe and convenient, whereupon  delivery shall be deemed to have been made, and the responsibility of the Freight Forwarder  in respect of such Goods shall cease.
    In any event, the Freight Forwarder  shall be entitled to full freight under this FWB and the Merchant shall pay any additional  costs resulting from the above mentioned  circumstances.

14. Freight and Charges

  • 14.1. The terms and conditions  of the Freight Forwarder’s  applicable  tariff, it any, are incorporated herein. Copies of the relevant terms and conditions  thereof are available from the Freight Forwarder  upon request. In the case of inconsistency between this FWB and the applicable  tariff the FWB shall prevail. All dues, taxes and charges or other expenses  is connection  with the Goods shall be paid by the Merchant.  Where equipment  is supplied by the Freight Forwarder,  the Merchant shall pay all demurrage  and charges which are not due to a fault or neglect of the Freight Forwarder.
  • 14.2. Freight shall be paid is cash, without any reduction or deferment  on account of any claim, counterclaim or setoff, whether prepaid or payable at destination.  Freight shall be considered  as earned by the Freight Forwarder  at the moment when the Goods have been taken in his charge, and not to be returned in any event.
  • 14.3. Freight and all other amounts mentioned  in this FWB are to be paid in the currency named in this FWB or, at the Freight Forwarder’s  option, in the currency of the country of dispatch or destination  at the highest rate of exchange  for bankers sight bills current for prepaid freight on the day of dispatch and for freight payable at destination  on the day when the Merchant is notified on arrival of the Goods there or on the date of withdrawal  of the delivery order, whichever rate is the higher, or at the option of the Freight Forwarder  on the date of this FWB.
  • 14.4. The Merchant shall reimburse  the Freight Forwarder  in proportion  to the amount of freight for any costs for deviation or delay or any other increase of costs of whatever nature caused by war, warlike operations,  epidemics, strikes, government  directions  or force majeure.
  • 14.5. The Merchant warrants the correctness  of the declaration  of contents, insurance,  weight. measurements or value of the Goods but the Freight Forwarder  has the liberty to have the contests inspected  and the weight, measurements or value verified. If on such inspection  it is found that the declaration  is not correct it is agreed that a sum equal either to five times the difference  between the correct figure and the freight charged, or to double he correct freight less the freight charged, whichever  sum is the smaller, shall be payable as liquidated  damages to the Freight Forwarder  for his inspection  costs and losses of freight on other Goods notwithstanding any other sum having been stated on this FWB as freight payable.
  • 14.6. Despite the acceptance  by the Freight Forwarder  of instructions  to collect freight, charges or other expenses from any other person in respect of the transport under this FWB, the Merchant shall remain responsible  for such monies on receipt of evidence of demand and the absence of payment for whatever reason.

15. Lien

  • The Freight Forwarder  shall have a lien an the Goods and any documents  relating thereto for any amount due at any time to the Freight Forwarder  from the Merchant including storage fees and the cost of recovering  same, and may enforce such lien in any reasonable  manner which he may think fit.

16. General Average

  • The Merchant shall indemnify  the Freight Forwarder  in respect of any claims of a General Average nature which may be wade on him and shall provide such security as may be required by the Freight Forwarder  in this connection.

17. Notice

  • 17.1. Unless notice of loss of or damage to the Goods, specifying  the general nature of such loss or damage, is given in writing by the Consignee  to the Freight Forwarder  when the Goods are delivered to the Consignee  in accordance with clause 13 , such handing over is prima facie evidence of the delivery by the Freight Forwarder  of the Goods as described  in this FWB.
  • 17.2. Where the loss or damage is not apparent, the same prima facia effect shall apply if notice in writing is not given within 6 consecutive  days after the day when the Goods were delivered to the Consignee  in accordance  with clause 13.

18. Time bar

  • The Freight Forwarder  shall, unless otherwise  expressly agreed, be discharged  of all liability under these conditions unless suit is brought within 9 months after the delivery of the Goods, or the date when the goods should have been delivered,  or the date when in accordance  with clause 7.4 failure to deliver the Goods would give the Consignee  the right to treat the Goods as lost.

19. Partial Invalidity

  • If any clause or a part thereof is held to be invalid, the validity of this FWB and the remaining  clauses or a part thereof shall not he affected.

20. Jurisdiction,  arbitration  and applicable  law

  • Unless otherwise  agreed in writing, actions against the Freight Forwarder  may be instituted only in the place where the Freight Forwarder  has his place of business as stated on the reverse of this FWB and shall be decided according to the law of the country in which that place of business is situated.