(1) the division of responsibilities when it appears as a pure agent
As an agent, the freight forwarding company ACTS as a bridge between the shipper and the carrier, and the shipper and the carrier sign the transport contract directly. Freight forwarder company charge is the commission, small responsibility. In the event of loss or damage to the goods, the owner of the goods may directly claim compensation from the carrier.
(2) the division of liability when it appears as a party
1. The forwarder company signs the contract with the third party (carrier) in its own name
2. Use your own warehouse or means of transport when arranging storage and transportation
3. Collect the price difference when arranging transportation and LCL consolidation
In the above three cases, for the shipper, the freight forwarder is the carrier, should be the responsibility of the carrier.
(3) division of liability in the event of emergence as a nvocc
When a freight forwarder engages in the nvocc business and issues its own nvocc bill of lading, it becomes a nvocc operator and is regarded as a legal carrier who is both a carrier and a shipper.
(4) division of responsibilities when arising as a multimodal transport operator
When a freight forwarder is responsible for multimodal transport and issues a bill of lading, it becomes the multimodal transport operator (MTO), which is considered to be the law
Aircraft mode of transport
Aircraft mode of transport
1. The United Nations convention on multimodal transport stipulates the MTO's liability for loss of or delay in delivery of goods
(1) the maximum amount of compensation for loss or damage to the goods shall not exceed 920SDR per unit or transport unit, or 2.75SDR per kilogram, whichever is higher. However, if international multimodal transport does not include sea or river transport under the contract, the MTO's liability shall not exceed 8.33SDR unit per kilogram of gross weight of the lost or damaged goods.
(2) for the delayed delivery of the goods, the delivery period of 90 days is stipulated, and the MTO's compensation limit for the delayed delivery is 2.5 times of the freight of the delayed delivery of the goods, and cannot exceed the full freight of the contract.
2. China's maritime law stipulates the MTO's liability for loss of goods or delayed delivery
(1) for the loss or damage of the goods: 666.67SDR per piece or per other transport unit, or 2SDR per kg of gross weight of the lost or damaged goods, whichever is the higher; (2) as for the delayed delivery, China's maritime law stipulates that the delivery period of the goods is 60 days, and the MTO's compensation limit for the delayed delivery is the amount of freight for the delayed delivery, but the delayed delivery caused by the carrier's wilful act or omission is not subject to this limitation.
(v) division of responsibilities in the case of "mixed" status
Freight forwarders, engaged in a wide range of business, in addition to acting as freight forwarders on behalf of the client customs declaration, inspection, transport arrangements, but also with their own employees, to their own vehicles, ships, planes, warehouses and loading and unloading tools to provide services, or the stage of land transport for the carrier, the sea phase for the agent. The confirmation of the legal status of freight forwarders should not be simplified, but should be analyzed according to the specific situation.
(6) the division of liability subject to the terms of the contract
The responsibilities of freight forwarders are often specified in the standard terms of trade in different countries. Typically, these standard terms of trade are combined in a certificate of receipt or similar documents issued by the forwarder to the shipper.(1)以纯粹代理人的身份出现时的责任分工
- 进口运输、香港 仓储、国际货运代理。