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Liability classification of international forwarder service companies in China

(1) Division of responsibilities when appearing as a pure agent
As an agent,
forwarder service plays the role of matchmaking between the cargo owner and the carrier, and the cargo owner and the carrier directly sign the transportation contract. The forwarder service company charges a commission with little responsibility. When the goods are lost or damaged, the owner can claim directly from the carrier.

 

Liability classification of international forwarder service companies in China

 

(2) Division of responsibilities when appearing as a party
a. The forwarder service company signs a contract with a third party (carrier) in its own name
b. Use your own warehouse or means of transport when arranging storage and transportation
c. The price difference will be charged when arranging transportation and LCL shipment
In the above three situations, for the shipper, the freight forwarder is the carrier and should be the responsibility of the carrier.

 

(3) Division of responsibilities when appearing as NVOCC
When the forwarder service engages in the non-vessel shipping business and issues its own non-vessel carrier bill of lading, it becomes a non-vessel shipping operator and is regarded as a legal carrier, which is both a carrier and a shipper.

 

(4) Division of responsibilities when appearing as a multimodal transport operator
When a forwarder service is responsible for multimodal transport and issues a bill of lading, it becomes a multimodal transport operator (MTO) and is regarded as a legal carrier.

 

A. The United Nations "Convention on Multimodal Transport" stipulates MTO's liability for loss of goods or delayed delivery

 

a. The limit of compensation for loss of or damage to goods shall not exceed 920 SDR per piece or per shipping unit, or 2.75 SDR per kilogram, whichever is higher. However, if the international multimodal transportation does not include sea or inland water transportation according to the contract, the liability of MTO shall not exceed 8.33SDR per kilogram of the gross weight of the lost or damaged goods.

 

b. For the delayed delivery of the goods, a 90-day delivery period is stipulated, and the MTO's compensation limit for the delayed delivery is 2.5 times the freight of the delayed delivery of the goods, which cannot exceed the total freight of the contract.

 

B. my country's "Maritime Law" stipulates MTO's liability for compensation for loss of goods or delayed delivery


a. For loss of or damage to goods: 666.67 SDR per piece or per other transport unit, or 2 SDR per kilogram according to the gross weight of the lost or damaged goods, whichever is higher.

 

b. For delayed delivery, China's "Maritime Law" stipulates that the delivery period of goods is 60 days, and the limit of compensation for MTO delayed delivery is the amount of freight for delayed delivery of the goods, but the delay in delivery caused by the carrier's intentional or omission is not allowed. enjoy this restriction.

 

(5) Division of responsibilities when appearing in a "mixed" capacity
Forwarder service is engaged in a wide range of business. In addition to being a forwarder service on behalf of the client to declare customs, apply for inspection, and arrange transportation, it also uses its own employees to provide services with its own vehicles, ships, aircraft, warehouses, and loading and unloading tools. Or the carrier in the land stage and the agent in the sea stage. The confirmation of the legal status of the freight forwarder cannot be simplified, but should be analyzed according to the specific situation.

 

(6) The division of responsibilities based on the terms of the contract
The freight forwarder's responsibilities are often specified in detail in the standard trading conditions of different countries. Usually, these standard trading conditions are combined in the receipt certificate or similar document issued by the freight forwarder to the shipper.

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