Note: Authentic text in Danish, Finnish, Norwegian and Swedish respectively. These conditions taking effect on June 1st, 1998, have been agreed between the Nordic Association of Freight Forwarders and the following organisations: DENMARK: Erhvervenes Transportudvalg NORWAY: Transportbrukernes Fellesorganisasjon FINLAND: Centralhandelskammaren Industrins och Arbetsgivarnas Centralförbund Handelns Centralförbund Finlands Befraktarråd SWEDEN: Svensk Handel Svenska Handelskammarförbundet Sveriges Industriförbund ICA Aktiebolag Kooperativa förbundet Lantbrukarnas Riksförbund The conditions give the customer in all respects at least the degree of protection stipulated by the FIATA Model Rules for Freight Forwarding Services (1996 version). INTRODUCTORY CONDITIONS The General Conditions of the Nordic Association of Freight Forwarders set forth the freight forwarder’s and the customer’s rights and obligations, including the freight forwarder’s liability under various transport law conventions, such as CIM, CMR, the Hague-Visby Rules and the Warsaw Convention. APPLICABILITY § 1 Unless otherwise expressly agreed, these conditions will apply to members of national associations affiliated with the Nordic Association of Freight Forwarders, and also to other parties having agreed to apply them. THE FREIGHT FORWARDER CONTRACT § 2 The freight forwarder contract may include the performance of: – carriage of goods – storage of goods – other services in connection with the transport or storage of goods, such as 1) clearance of goods, 2) cooperation in the performance of the customer’s obligations under public law, 3) handling and marking of goods, 4) signing of insurance, 5) assistance with documents for export and import, 6) collection of ’cash on delivery’ charges and other assistance concerning the payment for the goods, 7) advice in matters of transport and distribution. The freight forwarder may carry out these services either on his own account or as intermediary. A. The freight forwarder has a liability as carrier under §§15-23: a) when he performs the carriage of goods with his own means of transport (performing carrier), or b) when he has expressly or impliedly accepted liability as carrier (contracting carrier). The freight forwarder shall be considered as contracting carrier: 1) when he has issued a transport document in his own name, 2) when in connection with marketing or in his offer he formulated his undertaking in such a way, e.g. quoting his own price for the transport, that it can be reasonably assumed that he has undertaken a liability as carrier, 3) when he undertakes carriage of goods by road. B. Under §§ 24 – 26 the freight forwarder has a liability as intermediary, without liability as carrier, with regard to carriage of goods not covered by A. C. The freight forwarder’s liability includes liability for those he has engaged to perform the contract (agents and independent contractors): a) when he has a liability as carrier in accordance with A., b) when the services have been performed by himself with the help of his own equipment or employees, or c) when he has accepted responsibility for the services on his own account. These conditions apply equally to the persons of whose services the freight forwarder makes use for the performance of the contract as to the freight forwarder himself, irrespective of the grounds for the customer’s claims against the freight forwarder and such other persons. The aggregate liability of the freight forwarder and such other persons is limited to what applies to the freight forwarder’s liability under these conditions. When the freight forwarder has undertaken to perform the contract on his own account, in addition to what has been expressly agreed, general practice and generally accepted terms are applicable in so far as they do not deviate from these conditions. In other cases than those mentioned under a) – c) the freight forwarder is responsible as intermediary without liability for other parties than his own employees. D. With regard to warehousing, the conditions of § 27 apply. THE CUSTOMER § 3 In the present conditions, the customer is the party that has concluded a contract with the freight forwarder, or that has acquired the rights of that party. The liability of the customer is governed by the conditions of § 28. GENERAL CONDITIONS THE PERFORMANCE OF THE CONTRACT § 4 It is incumbent upon the parties to provide each other with information necessary for the performance of the contract. The freight forwarder undertakes to collect, take care of and procure the transport of goods in accordance with the contract and in a suitable way for the customer with generally used means and routes of transport.
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