1st Move International Limited, trading as Autoshippers, trade under the Standard Trading Conditions as approved by the British International Freight Association (BIFA).
Insurance Terms for Marine Insurance can be found below the introduction and key points. You can
Jump to our main standard trading terms by clicking here
Motor Vehicle Insurance Terms for our Marine Insurance Policy.
Download PDF: Full Summary of Cover for Motor Vehicles PDF
Introduction and summary of our terms and conditions
We are bound by our trading body to ensure that both us as a company and you as the customer understand and agree to our trading conditions before we can ship your vehicle. These trading conditions are approved by our governing body The British International Freight Association, of which we are members.
We encourage all our customers to read our terms and conditions in full however we do understand that terms and conditions for most companies can be overly worded so according to the UK Governments best practice guide we have summarised the key points which we feel better explain, in plain English, the key points under which we trade.
Key points on Insurance & Limited Liability
Our marine insurance policy is issued on behalf of insurance giants Royal Sun Alliance through our marine brokers Basil Fry & Company. A brief summary of key points of cover as follows:
Limited Liability and Insurance
In the car shipping industry, limited liability is standard practice because the shipping company does not know the value of a customer's vehicle. In most cases our limited liability will not cover the value of your vehicle in the event of loss or damage.
In order to protect your vehicle from the vagaries of international transport we therefore advise that insurance is mandatory for all vehicles booked with our company.
Our Marine Transit Policy is an insurance policy to cover customer’s property against loss or damage whilst being moved and/or stored. This excludes loss or damage resulting from such things as wear & tear, gradual deterioration, insects, moth, vermin, rust, mildew, climatic or atmospheric conditions or extremes of temperature or depreciation resulting from repairs.
Denting, Scratching or Damage to your Vehicle
Taking a “Standard” or “Super” cover insurance policy will provide protection against loss, theft and damage to your vehicle. A pre-shipment vehicle condition report is completed for all vehicles we ship. This ensures that, should your vehicle sustain any damage during shipment, your insurance cover can respond to claims for repair costs.
Restricted Cover Insurance
When taking a “Restricted” cover insurance policy it is important to understand this will provide cover only in the event of total loss of your vehicle and does not provide any cover against potential damage.
Electrical or Mechanical Damage
Unless as a direct result of physical damage being sustained to your vehicle, our Marine Transit Policy does not provide cover against any electronic or mechanical derangement.
Aftermarket Modifications and Non-Factory Fit Items
Unless notified to us in advance of shipment, insurance cover does not extend to offer protection for any non-factory fitted or aftermarket modifications. If you require extended insurance cover on any non-factory fitted items or accessories, you must itemise and value these items separately to your vehicle itself.
Personal Effects Shipped in Vehicles
We can provide insurance cover for personal effects shipped in vehicles, but this excludes breakage, scratching, denting, chipping, staining or tearing of owner packed effect unless caused by fire, stranding, sinking, collision or overturning of the vessel or conveyance. Also excluding claims for missing items from owner packed receptacles unless an itemised and valued list of contents is supplied to us prior to collection or delivery to our UK depot.
Other Costs Incurred
Although your vehicle can be covered for loss or damages by taking our insurance cover, we cannot be held responsible for any indirect costs such as (but not limited to) hire car costs should you be without your car for repairs to be completed.
Claims Time Limit
For vehicles shipped by us claims must be notified within 30 days of delivery to the destination shown on your insurance certificate or within 30 days of the scheduled delivery date in the event of non-delivery.
A few other key points
Sailing and arrival times.
At all times the company uses reputable, long standing carriers and whenever possible the company will endeavour to meet with preferred collection dates and first available scheduled departures from the UK. Notwithstanding this there are occasions when we are unable to meet an intended vessel, these include random UK customs inspections prior to shipment which may delay loading to the vessel. Bad weather resulting in vessel delays or change of schedules or deviation to shipment routings by the shipping lines. Periods of high customer activity resulting in restricted space or equipment availability. Please check with us to confirm your anticipated shipping dates.
These are examples of circumstances over which we have no control and as such the company, like all other freight companies, cannot guarantee arrival times when shipping goods by sea and as such cannot be held responsible for any costs incurred due to late arrival of your vehicle. For example, we cannot compensate you for vehicle hire costs at destination.
Variations in Shipping Rates
All rates are correct at the time of quoting. Shipping lines can issue General Rate Increases or Surcharges at any point. If additional costs are implemented after quotation these will need to be passed back to the customer.
Overseas Customs Authorities. Your responsibility.
We have absolutely no control over overseas customs authorities or border control agencies. Customs authorities have the right to exam any goods crossing their borders and have no obligation to facilitate this process quickly. It is up to the client to properly declare their goods according to the laws and regulations in their arriving country. We cannot be held responsible for any changes that Customs authorities make to their procedures that may incur delay and additional costs for our customers. Whilst we have overseas agents who can assist in facilitating customs clearance procedures neither they, nor 1st Move International, can intervene if a shipment is delayed due to customs intervention. Neither can the company be held responsible for any costs involved in such delays.
Insurance Terms and Conditions
Summary of Cover – Customers’ Goods Insurance - Marine
These are the terms and conditions of cover underwritten by Lonham Group Ltd on behalf of Chaucer Insurance Company DAC UK Branch , via Basil E. Fry & Co. Limited (the Broker) and your chosen Mover (the International Mover). In these Terms and Conditions, “we”, “us” and “our” means Insurers. “You” and “your” means the beneficiary of this cover.
SUBJECT MATTER: Motor Vehicles and/or Motorcycles and items of similar interest as declared on the Overseas Valuation Form.
What is covered?
- Subject to the Cover selected on the Certificate, the scope of cover provided is as follows:
- SUPER COVER: provides cover for physical loss and/or damage to the subject matter covered except for the exclusions listed herein and subject to you bearing a claims excess of £500.
- STANDARD COVER: is as per Super Cover subject to you bearing a claims excess of 1% of the total Sum Insured under the Certificate subject to a minimum deductible of £1,000
- RESTRICTED COVER: only provides cover for total loss of the complete consignment caused by fire or explosion, the vessel being stranded / grounded / sunk or capsized, overturning or derailment of land conveyance, collision or contact of vessel craft or conveyance with any external object other than water, general average sacrifice or jettison and subject to the exclusions listed below.
Warranted that a full valued inventory must be provided for any declaration of cover or Certificate.
TRANSIT CLAUSE (PERIOD OF INSURANCE)
This cover is effective from the time the Motor Vehicle(s) are first moved from the residence or business location of the Insured for the purpose of the immediate loading into or onto the carrying vehicle or other conveyance for the commencement of transit and continues, including storage if any, until the Motor Vehicle(s) are discharged from the shipping company’s care, custody or control unless:
- a) the vehicle or boat remains in a shipping container to the final destination agreed, or
- b) the vehicle or boat is conveyed by a commercial carrier to the final destination agreed.
Cover includes temporary storage in the ordinary course of transit of not more than 60 days after the arrival of the conveying vessel or aircraft. Subject to prior agreement by us and payment of an additional premium the period of cover may be extended to cover property stored at a rental.
MOTOR VEHICLES & BOATS
- i) Excluding scratching, bruising, denting, marring, cost of repainting, rust, oxidisation and discolouration, unless a condition report is completed prior to cover attaching.
- ii) Excluding cover whilst under own power except whilst loading to/from the shipping container or carrying conveyance.
- iii) Cover ceases hereunder once the motor vehicle or boat is discharged from the shipping company’s care, custody or control unless:
a) the vehicle or boat remains in a shipping container to the final destination agreed, or
b) the vehicle or boat is conveyed by a commercial carrier to the final destination agreed.
- iv) Cover is extended to include the theft of accessories, personal effects (except for the excluded property below) and tool kits transported within a locked motor vehicle subject to a maximum limit of GBP 5,000.00 any one claim.
- i) Jewellery, watches, precious stones, precious metals, money, coins, bullion, deeds, bonds, securities and stamps of all kinds.
- ii) Livestock
- iii) Furs, perfumery, tobacco products, wines, spirits and the like, mobile phones.
- iv) Weapons, Arms, Ammunition or Explosives and/or parts, associated accessories, materials or ingredients of all kinds.
- v) Loss of data records other than the cost of blank data carrying materials.
- i. Accidental damage or theft where collection and delivery into storage is not handled by the Mover.
- ii. Loss or damage caused by wear, tear, rust, gradual deterioration, inherent vice and latent defect.
- iii. Loss, damage or expense attributable to your wilful misconduct.
- iv. Loss or damage caused by moth, insect and vermin unless from an external cause.
- v. Loss or damage caused by ordinary leakage, ordinary loss in weight or volume, evaporation or nature of the property moved and/or stored.
- vi. Loss or damage caused by leakage of liquid from any receptacle or container unless packed by the Mover.
- vii. Consequential loss, loss of market or delay of any kind or description.
- viii. Damage resulting from goods being moved under your instructions against the Movers advice.
PAIRS AND SETS
- ix. In the event of loss of or damage to any article forming part of a pair or set, Insurers shall not be liable for more than the value of the particular part or parts which may be lost or damaged without reference to any special value which such part or parts may have as forming a pair or set but in any event not exceeding a proportionate part of the sum insured in respect of the pair or set.
MOULD AND MILDEW
- x. Loss or damage caused by mildew, mould, extremes of temperature or other atmospheric conditions.
ELECTRICAL, ELECTRONIC OR MECHANICAL DERANGEMENT
- xi. Mechanical or electrical damage or derangement of any mechanical or electrical goods unless reasonably attributable to physical damage to such items from an external cause, or following fire, flood, collision or overturning of road vehicle or other conveyance.
OWNER PACKED EFFECTS
This cover excludes risk of breakage, scratching, denting, chipping, staining and tearing of owner packed effects including trunks, suitcases and the like unless reasonably attributed to physical damage to such items from collision or overturning of road vehicles or other conveyances.
Also excluding claims for missing items unless a valued list of contents of each carton is supplied by the owner/customer to the Contractor prior to the commencement of the transit and such list is approved by Insurers.
BASIS OF CLAIMS SETTLEMENT
The settlement of any claim shall be the replacement, repair (but excluding any claim for depreciation consequent upon such repair) and/or compensation at Insurers option. Insurers will take into consideration the age, quality, condition and current used market value of items when calculating the indemnity replacement value(s) for claim settlement.
In respect of documents, the basis of claims settlement shall be limited to the physical cost of replacing the documents and/or cost of reprinting, re-issue and/or reconstitution but excluding the value of the information contained thereon.
UNDER INSURANCE (AVERAGE)
If the value of the property covered at the time of loss is collectively greater than the Sum Insured, then you shall be considered as being your own Insurer for the difference and you will only be entitled to be paid that proportion of the loss which the value declared bears to the actual value of the property removed and/or stored.
This insurance is subject to the following:
COMMUNICABLE DISEASE EXCLUSION
- 1, Notwithstanding any provision to the contrary within this insurance, this insurance does not insure any loss, damage, liability, claim, cost or expense of whatsoever nature caused by, contributed to by, resulting from, arising out of, or in connection with a Communicable Disease or the fear or threat (whether actual or perceived) of a Communicable Disease regardless of any other cause or event contributing concurrently or in any other sequence thereto.
- 2. As used herein, a Communicable Disease means any disease which can be transmitted by means of any substance or agent from any organism to another organism where:
- 2.1 the substance or agent includes, but is not limited to, a virus, bacterium, parasite or other organism or any variation thereof, whether deemed living or not, and
- 2.2 the method of transmission, whether direct or indirect, includes but is not limited to, airborne transmission, bodily fluid transmission, transmission from or to any surface or object, solid, liquid or gas or between organisms, and
- 2.3 the disease, substance or agent can cause or threaten bodily injury, illness, damage to human health, human welfare or property.
JC2020-011 17 April 020
CYBER ATTACK EXCLUSION CLAUSE
- 1) Subject only to paragraph 3 below, in no case shall this insurance cover loss, damage, liability or expense directly or indirectly caused by or contributed to by or arising from the use or operation, as a means for inflicting harm, of any computer, computer system, computer software programme, malicious code, computer virus, computer process or any other electronic system.
- 2) Subject to the conditions, limitations and exclusions of the policy to which this clause attaches, the indemnity otherwise recoverable hereunder shall not be prejudiced by the use or operation of any computer, computer system, computer software programme, computer process or any other electronic system, if such use or operation is not as a means for inflicting harm.
- 3) Where this clause is endorsed on policies covering risks of war, civil war, revolution, rebellion, insurrection, or civil strife arising therefrom, or any hostile act by or against a belligerent power, or terrorism or any person acting from a political motive, paragraph 1 shall not operate to exclude losses (which would otherwise be covered) arising from the use of anycomputer, computer system or computer software programme or any other electronic system in the launch and/or guidance system and/or firing mechanism of any weapon or missile.
RADIOACTIVE CONTAMINATION, CHEMICAL, BIOLOGICAL, BIO-CHEMICAL AND ELECTROMAGNETIC WEAPONS EXCLUSION CLAUSE
This cover excludes any legal liability of whatsoever nature directly or indirectly caused by or contributed to or arising from:-
- a) ionising, radiations or contamination by radioactivity from any nuclear fuel or nuclear waste or from the combustion of nuclear fuel.
- b) the radioactive, toxic, explosive or other hazardous properties of any explosive nuclearassembly or nuclear component thereof.
- c) any weapon or device employing atomic or nuclear fission and/or fusion or other like reaction or radioactive force or matter
- d) the radioactive, toxic, explosive or other hazardous or contaminating properties of anyradioactive matter. The exclusion in this sub-clause does not extend to radioactive isotopes, other than nuclear fuel, when such isotopes are being prepared, carried, stored, or used forcommercial, agricultural, medical, scientific or other similar peaceful purposes.
- e) any chemical, biological, bio-chemical or electromagnetic weapon
SONIC BANGS EXCLUSION
Loss, destruction or damage directly caused by pressure waves caused by aircraft and other aerial devices travelling at sonic or supersonic speeds
This cover excludes loss of or damage to cargo occasioned by or happening through or in consequence of war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation or nationalisation or requisition or destruction of or damage to property by or under the order of any government or public or local authority.
JC 98/019 CARGO ISM ENDORSEMENT
Applicable to shipments on board Ro-Ro passenger ferries.
Applicable with effect from 1 July 1998 to shipments on board:
- 1. Passenger vessels transporting more than 12 passengers and
- 2. Oil tankers, chemical tankers, gas carriers, bulk carriers and cargo high speed craft of 500 gt or more. Applicable with effect from 1 July 2002 to shipments on board all other cargo ships and mobile offshore drilling units of 500 gt or more.
In no case shall this cover include loss, damage or expense where the subject matter is carried by a vessel that is not ISM Code certified or whose owners or operators do not hold an ISM Code Document of Compliance when, at the time of loading of the subject matter on board the vessel, you were aware, or in the ordinary course of business should have been aware:
- (a) Either that such vessel was not certified in accordance with the ISM Code.
- (b) Or that a current Document of Compliance was not held by her owners or operators as required under the SOLAS Convention 1974 as amended.
This exclusion shall not apply where the cover has been assigned to the party claiming hereunder who has bought or agreed to buy the subject matter insured in good faith under a binding contract.
Cargo ISPS Endorsement
In no case shall this cover include loss, damage or expense where the subject matter is carried by a vessel that does not hold a valid International Ship Security Certificate as required under the International Ship and Port Facility Security (ISPS) Code when, at the time of loading of the subject matter on board the vessel, you were aware, or in the ordinary course of business should have been aware that such vessel was not certified in accordance with the ISPS Code as required under the SOLAS Convention 1974 as amended.
This exclusion shall not apply where the cover has been assigned to the party claiming hereunder who has bought or agreed to buy the subject matter insured in good faith under a binding contract.
Cargo ISM Forwarding Charges Clause
This cover is extended to reimburse the Assured, up to the limit of the sum insured for the voyage, for any extra charges properly and reasonably incurred in unloading, storing and forwarding the subject-matter to the destination to which it is covered hereunder following release of cargo from a vessel arrested or detained at or diverted to any other port or place (other than the intended port of destination) where the voyage is terminated due either
- (a) To such vessel not being certified in accordance with the ISM Code. Or
- (b) To a current Document of Compliance not being held by her owners or operators as required under the SOLAS Convention 1974 as amended.
This clause, which does not apply to General Average or Salvage or Salvage Charges, is subject to all other terms conditions and exclusions contained in the policy and to JCC Cargo ISM Endorsement JC98/019.
Cargo ISPS Forwarding Charges Clause
This cover is extended to reimburse you, up to the limit of the sum insured for the voyage, for any extra charges properly and reasonably incurred in unloading, storing and forwarding the subject-matter to the destination to which it is covered hereunder following release of cargo from a vessel arrested or detained at or diverted to any other port or place (other than the intended port of destination) where the voyage is terminated due to such vessel not being certified in accordance with the ISPS Code as required under the SOLAS Convention 1974 as amended.
This clause, which does not apply to General Average or Salvage or Salvage Charges, is subject to all other terms conditions and exclusions contained in the policy and to JCC Cargo ISPS Endorsement (JC 2004/050).
JC2008/024 CARGO PIRACY NOTICE OF CANCELLATION
Where this cover includes piracy and/or general average, salvage and sue and labour charges arising from piracy, such cover may be cancelled by insurers giving 7 days notice in writing, cancellation to take effect on the expiry of 7 days (10 days in respect of reinsurance) from midnight of the day on which the notice is issued by insurers.
Insurers agree to reinstate this coverage subject to agreement between insurers and you prior to the cancellation taking effect as to any new rate of premium and/or conditions and/or warranties. Such cancellation shall not affect any cover which has attached before the cancellation takes effect.
If the cancellation is in relation to specific geographical areas, such areas will be clearly defined by insurers in the notice of cancellation.
JC2009- 056 TERMINATION OF TRANSIT CLAUSE (TERRORISM) 2009
This clause shall be paramount and shall override anything contained in this Summary of Cover inconsistent therewith.
- 1) Notwithstanding any provision to the contrary contained in the contract of insurance or the Clauses referred to therein, it is agreed that in so far as the contract of insurance covers loss of or damage to the subject-matter insured caused by any act of terrorism being an act of any person acting on behalf of, or in connection with, any organisation which carries out activities directed towards the overthrowing or influencing, by force or violence, of any governmentwhether or not legally constituted or any person acting from a political, ideological or religious motive, such cover is conditional upon the subject-matter insured being in the ordinary course of transit and, in any event, SHALL TERMINATE
- 1.1 as per the transit clauses contained within the contract of insurance, or
- 1.2 on completion of unloading from the carrying vehicle or other conveyance in or at the final warehouse or place of storage at the destination named in the contract of insurance,
- 1.3 on completion of unloading from the carrying vehicle or other conveyance in or at any other warehouse or place of storage, whether prior to or at the destination named in the contract of insurance, which the Assured or their employees elect to use either for storage other than in the ordinary course of transit or for allocation or distribution, or
- 1.4 when the Assured or their employees elect to use any carrying vehicle or other conveyance or any container for storage other than in the ordinary course of transit, or
- 1.5 in respect of marine transits, on the expiry of 60 days after completion of discharge overside of the subject-matter insured from the oversea vessel at the final port of discharge,
- 1.6 in respect of air transits, on the expiry of 30 days after unloading the subject-matter insured from the aircraft at the final place of discharge,
whichever shall first occur.
2) If the contract of insurance or the Clauses referred to therein specifically provide cover for inland or other further transits following on from storage, or termination as provided for above, cover will re-attach, and continues during the ordinary course of that transit terminating againin accordance with clause 1.
JC2010/014 SANCTION LIMITATION AND EXCLUSION CLAUSE
No (re)insurer shall be deemed to provide cover and no (re)insurer shall be liable to pay any claim or provide any benefit hereunder to the extent that the provision of such cover, payment of such claim or provision of such benefit would expose that (re)insurer to any sanction, prohibition or restriction under United Nations resolutions or the trade or economic sanctions, laws or regulations of the European Union, United Kingdom or United States of America.
JC2010-015 UK EXPORT CONTROL ORDER 2008 – REVOCATION OF LICENCES CLAUSE
In no case shall this cover include or shall any insurer(s) be liable to pay any claim or provide any benefit hereunder in respect of any movement(s) of goods authorised by an export control licence issued under the UK Export Control Order 2008 if the licence has expired or been revoked or for the period of suspension if the licence has been suspended.
This clause shall not apply to a claim that arises prior to expiry revocation or suspension of such licence. In the event of the subsequent reinstatement of the licence, cover will re-attach subject always to the terms and conditions of this cover.
This clause shall be paramount and shall override anything contained in this Summary of Cover inconsistent therewith.
This cover does not cover any loss or damage which at the time of the happening of such loss or damage is insured by or would, but for the existence of this policy, be insured by any other existing policy or policies had this cover not been effected.
CONTRACT (RIGHTS OF THIRD PARTIES) ACT 1999 EXCLUSION CLAUSE (CARGO)
The provisions of the Contracts (Right of Third Parties) Act 1999 do not apply to this cover including any certificate(s) issued hereunder. Neither this cover nor any certificates issued hereunder confer any benefits on any third parties. No third party may enforce any term of this cover or of any certificate issued hereunder. This clause shall not affect your rights (as assignee or otherwise) or the rights of any loss payee.
ENFORCING RIGHTS AND REMEDIES
Any claimant under this cover shall at the request and at the expense of the Insurers do and concur in doing and permit to be done all such all such acts and things as may be necessary or reasonably required by the Insurers for the purpose of enforcing any rights and remedies, or of obtaining relief or indemnity from other parties to which the Insurers shall be or would be come entitled or subrogated upon their paying for or making good any loss or damage under this cover, whether such acts and things shall be or become necessary or required before or after his indemnification by the Insurers.
This cover includes General Average and Salvage Charges, adjusted or determined according to the contract of affreightment and/or the governing law and practice (or, if there is no contract of affreightment, according to Foreign Statement or to York-Antwerp Rules) incurred to avoid or in connection with avoidance of loss from any cause except those specifically excluded herefrom. For the purposes of general average contributions and salvage charges recoverable hereunder the subject matter insured shall be deemed to be covered for its full contributory value.
POLICY JURISDICTION CLAUSE
This cover shall be construed according to and governed by English law and any dispute hereunder shall be submitted to the exclusive jurisdiction of the High Court of Justice, England.
CLAIMS NOTIFICATION TIME LIMIT
In the event of loss or damage which may give rise to a claim under this certificate immediate notice in writing should be given to the Insurer’s Agents as detailed below. Detailed notification of claim must be made within 30 days of delivery, or scheduled delivery date in the event of non-delivery, to the destination. Any claims submitted after this period has elapsed may be jeopardised, time being of the essence.
In the event that you need to make a claim immediate notification must be given to our claim settling agents RCS at the address below, wherever your final delivery is made. Whether you telephone, write or fax please provide the following information:
1. Your name and address for correspondence
2. Your certificate number
3. The name of the international mover with whom your original contract was made.
4.As many details as possible of your claim. Claims documentation will be sent to youimmediately. In the meantime you should attempt to obtain estimates where viable fornecessary repairs or replacement. If you did not endorse the delivery documentation whenreceiving your goods you should also write to the final delivery agents advising them of thenature of damage or loss. If local representation is required by the Insurers arrangement will be made by RCS.
Insurer’s Claim Settling Agents:-
RCS, Swan House, Swan Centre, Leatherhead, Surrey KT22 8AH
Tel: 01372 385970 Email: email@example.com
RCS is a trading name of Basil E Fry & Co Limited Basil E Fry & Co Limited is authorised and regulated by the Financial Services Authority.
If you submit any claim knowing the same to be fake or fraudulent in any way this cover shall become void, the claim shall be forfeited and no charges will be refunded.
If you have any cause for complaint you should, in the first instance contact RCS at the address above. If no satisfaction is obtained, complaints should be referred to:
1) The Complaints Officer,
Lonham Group Ltd, The Maltings, Princes Street, Ipswich, IP1 1SB.
Tel: 01473 216116. Email firstname.lastname@example.org
2) Chaucer Insurance Company DAC – Complaints, 38 & 39 Baggot Street Lower, Dublin 2, D02 T938, Ireland. Tel: +353 1567 5580. Email: email@example.com. CHAUCER INSURANCE COMPANY DAC is regulated by the Central Bank of Ireland
In the event that the Complaints Department is unable to resolve your complaint, it may be possible to refer it to the Financial Ombudsman Service. Further details will be provided at the appropriate time.
British International Freight Association (BIFA)
These Standard Trading Conditions (STC) are for the exclusive use of BIFA corporate members only.
They provide safeguards for both the customer and the freight forwarder, and have the approval of representatives of shippers' organisations such as the Institute of Export and the British Shippers Council.
These trading conditions are also registered with the Office of Fair Trading.
Standard Trading Conditions
2021 Edition (England) © BIFA 2021
1st Move International Limited trade under the standard trading conditions of the British International freight Association. The "Company" named below is 1st Move International Limited. BIFA membership number 1884 (1999)
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:-
the BIFA member trading under these conditions
the Person to whom the goods are consigned
any Person at whose request or on whose behalf the Company undertakes any business or provides advice, information or services
"Direct Customs Agent"
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 the Taxation (Cross Border Trade) Act 2018, Clause 21.1(a), or as amended.
the cargo to which any business under these conditions relates
natural person(s) or any body or bodies corporate
are Special Drawing Rights as defined by the International Monetary Fund
packing case, pallets, container, trailer, tanker, or any other device used whatsoever for and in connection with the carriage of Goods by land, sea or air
the Owner of the Goods or Transport Unit and any other Person who is or may become interested in them
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 business 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.
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 whatsoever, 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, within 14 days’ notice given by the Customer, provide evidence of any contract 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 UK established Customer and/or Owner, the Company is deemed to be appointed and duly empowered to act as a Direct Customs Agent only, to make Customs declarations in the name of the Customer (Principal) as their “Direct Agent”.
8(A) Subject to sub-clause (B) below,
(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 whatsoever, 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 21 days’ notice in writing to the Customer, to sell or dispose of or deal with such Goods or documents as agent for, 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 whatsoever 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 wholly cease. The Company’s liability, if any, in relation to such storage, shall be governed 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 21 days’ notice in writing to the Customer, or (where the Customer cannot be traced and reasonable efforts have 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 have been held by the Company for 60 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 pursuant to and in accordance with clearly stated instructions given in writing by the Customer and accepted in writing by the Company, and all insurances effected 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) 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 save where such arrangements are made in writing, and in any event, 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, currency, securities, precious stones, jewellery, valuables, antiques, pictures, human remains, living creatures, 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 whatsoever for or in connection with the goods, howsoever 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 dangerous 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).
17 The Customer warrants:
(A) (i) that the following (furnished by on or behalf of the Customer) are full and accurate: the description and particulars of any Goods; any information furnished (including but not limited to, the nature, gross weight, gross mass (including the verified actual gross mass of any container packed with packages and cargo items), and measurements of any Goods); and the description and particulars of any services required 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;
(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;
(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 whatsoever 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 whatsoever (including, without prejudice to the generality of the foregoing, all duties, taxes, imposts, levies, deposits and outlays of whatsoever 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;
(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;
(C) all claims, costs and demands whatsoever and by whomsoever 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 connection with, the breach of contract, negligence or breach of duty of the Company, its servants, sub-contractors or agents;
(D) any claims of a general average nature which may be made on the Company.
21(A) The punctual receipt in full of sums falling due from the Customer to the Company is critical to the operation of the Company’s business and its performance of its obligations to the Customer. Accordingly 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 setoff. Time is of the essence of payment of all and any sums payable by the Customer to the Company.
(B) In the event of any failure by the Customer to make full and punctual payment of any sum payable to the Company (in accordance with clause 21(A) above):
(i) Any and all other sums properly earned by and/or otherwise due to the Company (but which, but for this clause 21(B), would otherwise not yet be payable by the Customer, whether by virtue of an agreed credit period or otherwise) shall become immediately payable in full; and
(ii) Any sum thereby becoming immediately payable shall be paid to the Company in cash, or as otherwise agreed, and without reduction or deferment on account of any claim, counterclaim or setoff.
(C) No omission to seek compensation for breach of 21(A) and (B) above by the Company shall constitute a waiver or release to the Customer from any liability under 21(A) and (B) above during the application of these terms unless agreed in writing by authorised officers of the Company and Customer.
(D) 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 avoid by the exercise of reasonable diligence; or
(B) any cause or event which the Company is unable to avoid, and the consequences of which 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 adhere 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 howsoever 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 lesser.
(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 2 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 lesser.
(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 lesser.
For the purposes of clause 26(A), the value of the Goods shall be their value when they were, or should have been, shipped. The value of SDR shall be calculated as at the date when the claim 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) above and sub-clause (D) below, the Company shall not in any circumstances whatsoever 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, however caused.
(D) On clearly stated instructions in writing declaring the commodity and its value, 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 have 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 waived 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 whatsoever and howsoever 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 occurrence alleged to give rise to a cause of action against the Company.
JURISDICTION AND LAW
28 (A)These conditions and any act or contract to which they apply shall be governed by English law.
(B) Any dispute arising out of any act or contract to which these Conditions apply shall, save as provided in (C) below, be subject to the exclusive jurisdiction of the English courts.
(C) Notwithstanding (B) above, the Company is entitled to require any dispute to be determined by arbitration.
(D) The Company may exercise its rights under (C) above either by itself commencing arbitration in respect of a dispute or by giving written notice to the Customer requiring a dispute to be determined by arbitration.
(E) In the event that the Company exercises its rights under (C) above, the corresponding arbitration shall be conducted as follows:
(i) Where the amount claimed by the claimant is less than £400,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a tribunal of three arbitrators and the arbitration shall be conducted in accordance with the LMAA Intermediate Claims Procedure applicable at the date of the commencement of the arbitration proceedings;
(ii) Where the amount claimed by the claimant is less than £100,000, excluding interest, (or such other sum as the Company and Customer may agree, and subject to (iii) below), the reference shall be to a sole arbitrator and the arbitration shall be conducted in accordance with the LMAA Small Claims Procedure applicable at the date of the commencement of the arbitration proceedings;
(iii) In any case where neither of the LMAA Procedures referred to in (i) and/or (ii) above applies, the reference shall be to three arbitrators in accordance with the LMAA Terms applicable at the date of the commencement of the arbitration proceedings.