Home > Freight Liability
Conditions of Carriage
| Method of conveyance | Sea | Air | Freight Forwarder | |
|---|---|---|---|---|
| Conditions | Hague Visby Rules 1968 | Warsaw Convention as amended by Hague protocol | BIFA 2000 | FIATA 1992 |
| Relevant Act | Carriage of goods by Sea Act 1971 | Carriage by Air Act 1961 | None | None |
| Documentation | Bill of lading | Air Waybill | Various depending on nature of transit | Combined Transport Document (Through Transit Bill of Lading) |
| Limitation of liability | 666.67 SDRs per package or 2 SDRs per kilo whichever is the higher | 17 SDRs per Kilo | 2 SDRs per kilo for loss/damage. For other claims, 2 SDRs per kilo or 75,000 SDRs whichever is the least. Twice the charges for delay | 666.67 SDRs per package or 2 SDRs per kilo whichever is the higher. Twice the charges for delay |
| Notice of claim | Apparent loss/damage - immediate. Non apparent loss/damage - 3 days | Loss/damage - 7 days. Delay - 21 days | 14 days | Apparent loss/damage - immediate Non apparent loss/damage - 6 days |
| Time limitation for action | 1 Year | 2 years | 9 months | 9 months |
| Comments | The carriage of Goods by Sea Act 1992 concerns Bills of lading | BIFA = British International Freight Association |
Conditions of Carriage ( cont.)
| Method of transit | Road | Storage | ||
|---|---|---|---|---|
| Conditions | CMR | RHA 1998 | FTA 1997 | UKWA 1994 |
| Relevant UK Act | Carriage of Goods by Road Act 1965 | None | None | None |
| Documentation | Consignment Note | Consignment Note | Consignment Note | Not specified |
| Limitation of liability | 8.33 SDRs per kilo for loss/damage, carriage charges for delay | £1,300 per tonne. Total loss of consignment, parcel, package or container Storage limited to £ 100 per tonne | £2,000 per tonne or £500 for total consignment for loss/damage whichever is greater. Total loss/delay of consignment, parcel, package or container | £100 per tonne. Loss/damage has to be caused by the neglect, wilful act or default of the Warehouse Keeper |
| Notice of Claim | Apparent loss/damage - immediate. Non apparent loss/damage - 7 days Delay - 21 days | Total loss of consignment, parcel, package or container - notification 28 days, written claim 42 days Partial loss/damage - notification 7 days, written claim 14 days | Total loss/delay of consignment, parcel, package or container - written claim 28 days Partial loss/damage/delay - notification 3 days, written claim 14 days | 21 days (7 days if any carriage has been subcontracted) |
| Time limitation for action | 1 year | 1 year | Common Law 6 years | 9 Months |
| Comments | CMR is an abbreviation for the french title of the convention | UKWA = United Kingdom Warehousing Association formerly NAWK (National Association of Warehouse- keepers) |