FIATA条款

更新时间:2023-06-29 10:56:43 阅读: 评论:0

Part I
功权
General Provisions政治小报
1. APPLICABILITY
1.1.        The rules apply when they are incorporated, however it is made, in writing, orally or otherwi, into a contract by referring to the FIATA Model Rules for Freight Forwarding Services.
1.2.        Whenever such reference is made, the parties agree that the Rules shall superde any additional terms of the contract which are in conflict with the Rules, except insofar as they increa the responsibility or obligations of the Freight Forwarder.
家政服务包括哪些2. DEFINITIONS
2.1.        Freight Forwarding Services mean rvices of any kind relating to the carriage, consolidation, storage, handling, packing or distribution of the Goods as well as ancillary an
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朽木不可雕d advisory rvices in connection therewith, including but not limited to customs and fiscal matters, declaring the Goods for official purpos, procuring insurance of the Goods and collecting or procuring payment or  documents relating to the Goods.
2.2. Freight Forwarder means the person concluding a contract of Freight Forwarding  Services with a Customer.
2.3. Carrier浙江留学 means any person actually performing the carriage of the goods with      his own means of transport (performing Carrier) and any person subject to carrier liability as a result of an express or implied  undertaking to assume such liability (contracting Carrier).
2.4.    Customer means any person having rights or obligations under the contract of Freight Forwarding Services concluded with a Freight Forwarder or as a result of his activity in connection with such rvices.   
2.5.    Goods means any property including live animals as well as containers, pallets or similar articles of transport or packaging not supplied by the Freight Forwarder.
2.6.    SDR means a Special Drawing Right as defined by the international Monetary Fund.
2.7.    Mandatory Law means any statutory law the provisions of which cannot be departed from by contractual stipulations to the detriment of the Customer.
2.8.    In writing includes telegram, telex, telefax, or any recording by electronic means.
2.9.    Valuables means bullion, coins, money, negotiable instruments, precious stones, jewellery, antiques, pictures, works of art, and similar properties.
2.10. Dangerous Goods means Goods which are officially classified as hazardous as well as Goods which are or may become of a dangerous, inflammable, radioactive noxious or damaging nature.
3. INSURANCE
No insurance will be effected by the Freight Forwarder, except upon express instructions
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given in writing by the Customer. All insurances effected are subject to the usual exceptions and conditions of the Policies of the Insurance Company or Underwriters taking the risk. Unless otherwi agreed in writing the Freight Forwarder shall not be under any obligation to effect a parate insurance on each consignment, but may declare it on any open or general Policy held by the Freight Forwarder.
4. HINDRANCES
If at any  time the Freight Forwarder’s performance is or is likely to be affected by any hindrance or risk of any kind (including the conditions of the Goods) not arising form any fault or neglect of the Freight Forwarder and which cannot be avoided by the exerci of reasonable endeavour, the Freight Forwarder may abandon the carriage of the Goods under the respective contract and, where reasonably possible, make the Goods or any part of them available to the Customer at a 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 cea. In any event,
the Freight Forwarder shall be entitled to the agreed remuneration under the contract and the Customer shall pay any additional costs resulting from the above-mentioned circumstances.
5. METHOD AND ROUTE OF TRANSPORTATION
The Freight Forwarder shall carry out his rvices according to the Customer’s instructions as agreed. If the instructions are inaccurate or incomplete or not according to contract, the Freight Forwarder may at the risk and expen of the Customer act as he deems fit. Unless otherwi agreed, the Freight Forwarder may without notice to the Customer arrange to carry the Goods on or  under deck and choo or substitute the means, route and procedure to be followed in the handling, stowage, storage and transportation of the Goods.
Part II
The Freight Forwarder’s Liability微分运算法则
6. THE FREIGHT FORWARDER’S LIABILITY (EXCEPT AS PRINCIPAL)
6.1 Basis of liability
6.1.1.    The Freight Forwarder’s Duty or Care
The Freight Forwarder is liable if he fails to exerci due diligence and take reasonable measures in the performance of the Freight Forwarding Services, in which ca he, subject to Art 8, shall compensate the Customer for loss of or damage to the Goods as well as for direct financial loss resulting from breach of his duty of care.

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