ABSTRACT

Where loss, damage or mis-delivery is concerned, the carrier's liability is 1,300 per tonne, unless the customer has given notice to the carrier in writing of his requirement for a higher limit-not exceeding the value of the cargo-seven days prior to the commencement of the transit. Unfortunately, a good number of companies operating BIFA conditions do not realise that very often they act as principals, which will involve them in different roles as, for instance, contracting carriers under the Warsaw system, with much higher liability. The company is accorded a good deal of freedom in its choice and method of making contracts for the various services which it undertakes to provide. The company is allowed to use its parent, subsidiary or associated companies in making its various contracts. The conditions provide that the information is exclusive to the customer and that the customer must indemnify the company if parties other than the customer rely on that information.