Legislation.docVIP

Legislation – Introduction The carrier or NVOCC will have a set of responsibilities under a contract of carriage. The main responsibility is to carry the goods from/to the agreed place and deliver the goods to the consignee in the same quantity and condition as received from the shipper. If the carrier does not fulfil his obligations, the cargo owner may file claim against the carrier for breach of contract. The most common claim is for damaged or lost goods where the shipper/consignee claims that the carrier is at fault. Legislation – Claims In case goods are lost or damaged during transit, the cargo owner will incur a loss as the goods cannot be sold at the expected price to his ?customer s . The cargo owner shipper or consignee will therefore seek to recover as much of his loss from the carrier as possible. The carrier will naturally want to limit the amount of compensation he has to pay as much as possible. In this process, he will need to take both legal and commercial issues into consideration. A claim is a request for compensation. It initiates the process of evaluating the cause of a loss or damage and determining if compensation should be paid to the shipper/consignee. Compensation is also known as damages. ? It is worth noting that not all claims go to court. ?Often the settlement and potential payment of damages from the carrier to the cargo owner is agreed between the two parties without going to court also known as a commercial settlement . Legislation - Terms and Conditions The terms and conditions of the contract of carriage will stipulate the responsibilities of the carrier as well as the liability of the carrier how much compensation he can become liable to pay in case of loss or damage to the cargo . The terms and conditions of a contract of carriage are usually printed on the back of the transport document or reference is made to the standard trading terms and conditions S.T.T.C. of the transport provider which must be available upon re