Standard Trading Conditions - III. LEGAL CAPACITY OF THE FORWARDER

     

ART. 6. In undertaken the activities, services and transactions which constitute the objects of these STC, the FORWARDER may act in one of the following legal capacities:

  1. As PROXY - in the name and on behalf of the CUSTOMER/OWNER;
  2. As AGENT - in his own name, but on behalf of the CUSTOMER/OWNER;
  3. As Principal-OPERATOR - in his own name and on his own behalf.

ART. 7. THE FORWARDER AS PROXY:

  1. In the role of PROXY the FORWARDER acts within the limits of the express powers conferred on him by the CUSTOMER and is liable only for his faults and for abuse of said powers.
  2. The rights and liabilities in the contracts concluded for the carriage, storage or handling of the goods or for other services arise directly between the parties to the contract - the CUSTOMER and the actual Provider of the services.

ART. 8. THE FORWARDER AS AGENT:

  1. The FORWARDER acts as AGENT in any case when the CUSTOMER can directly enforce the execution of the contract made for a particular service, whether or not he has been named or disclosed as Principal by the FORWARDER.
  2. In the role of AGENT the FORWARDER secures the conclusion and implementation of the contracts for carriage, storage or handling of goods and for other services acting in his own name, but on behalf of the CUSTOMER.
  3. If acting as AGENT the FORWARDER has assumed a "DEL-CREDERE" liability, he is entitled to a separate remuneration.
  4. The FORWARDER must render an account of the transaction and transfer the rights, obligations and results of same to the CUSTOMER. Otherwise it is assumed that the FORWARDER has become a Party to the contract and acts as Principal-OPERATOR in his own name and on his own behalf.
  5. The CUSTOMER hereby expressly authorizes the FORWARDER to perform any and all acts necessary for the discharge of his duties in the interest of the CUSTOMER, as well as to enter into contracts and agreements on behalf of the CUSTOMER for:
    - The carriage of goods by any route or means of transport or by any Carrier, separately or jointly with other goods of any kind;
    - The storage or handling of goods by any person, at any place and for any length of time.
  6. The FORWARDER is not liable for contracts, concluded on behalf of the CUSTOMER with Carriers, Warehousemen and other Providers of the contractual services, in which the liability of the Contractors is limited or excluded according to their usual trading conditions.
  7. On conclusion of the contracts referred to in Cl. (6) above, the FORWARDER is not obliged to declare a particular value or interest in delivery of the goods and is entitled to accept for and on behalf of the CUSTOMER the usual trading Conditions of the Providers of the contractual services.
  8. Acting in his name and on behalf of the CUSTOMER, the FORWARDER is entitled to perform any of his obligations either himself or through another person (including also an intermediate Forwarder) and any such person is also entitled to the benefit of these STC.

ART. 9. THE FORWARDER AS PRINCIPAL-OPERATOR

  1. Where the FORWARDER has held himself out to be the Provider of the contractual services, has accepted instructions for the carriage, storage or handling of the goods and has issued a FORWARDING DOCUMENT for the service or for part thereof, it is deemed that the FORWARDER is a Principal-OPERATOR for the respective service or part thereof.
  2. Contracting in the role of OPERATOR, the FORWARDER undertakes to perform and/or on his own behalf to procure the contractual services and, subject to the provisions of these STC, accepts liability for loss or damage occurring between the time he has taken the goods into his charge and the time of their delivery to the entitled person.
  3. The FORWARDER is not a Common Carrier, Stevedore or Warehouseman and acting as OPERATOR deals exclusively on the basis of these STC and the conditions embodied in the text of the FORWARDING DOCUMENT issued in his name and on his behalf.
  4. The FORWARDER reserves to himself a reasonable liberty as to the routes, means, technologies and procedures employed in the carriage, storage or handling of the goods.

ART. 10. The charging of a fixed price for any service does not of itself determine whether the FORWARDER arranges such service as AGENT or as Principal-OPERATOR.

     

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