Day / June 5, 2013

by Mike Poverello

Freight Forwarding Event – South Africa

The fifth annual congress of the South African Association of Freight Forwarders (SAAFF) takes place on 8-9 October 2013 at the Hilton, Sandton.

David Logan - SAAFF

David Logan – SAAFF

David Logan, CEO of SAAFF says, “The freight forwarding market has been a major beneficiary of an increasingly globalised world economy. The significant year-on-year growth in international trade volumes has driven the evolution of the freight forwarder, inherently linked to the success of global trade and the development of new markets.  Against this backdrop, it hardly seems surprising that the congress continues to grow and attract robust debate from key players in the market.  This year’s event also receives the endorsement and support of the South African Express Parcel Association (SAEPA), which represents the multi-billion Rand South African courier industry, another major role player in facilitating global business.”

“Having long-abandoned the image of transport intermediaries, today’s freight management logistics providers manage an array of complex functions and issues, being responsible for an entire array of services within the supply chain. The two-day congress will highlight and debate many of the pressing issues from customs modernization, security, piracy, supply chain efficiencies, trade credit, risk management, political risk, legislation, FAIS, economic trading factors, transformation, training and in-demand skills and more.”

“Our industry is also in a unique position to tap into the incredible growth currently shaping the African continent where some of the fastest growing economies reside.  Added to this the rapid reconstruction and development projects taking place throughout the continent will rely heavily on the services of freight forwarders.  Africa’s abundance of commodities is estimated to generate about a third of Africa’s growth.  All this requires trusted partners in the movement of goods to facilitate global trade, and the forwarders best positioned to capitalise on this are those that have robust infrastructures, global capability, solid expertise and a deep understanding of trade in African countries, which is not without its fair share of risk,” adds David.

“Global pressures on world markets are impacting on our members and the congress is an ideal platform to really get to grips with the realities and challenges of our current trading environment.  It’s an ideal platform for sponsors and suppliers to engage directly with the senior decision makers of freight forwarding companies, government, suppliers and policy makers,” he concludes.

Running alongside the congress will be a two-day industry supplier exhibition as well as a one day training and education workshop on Tues 8 October covering important issues regarding skills development, industry qualifications, talent management, training, BBBEEand more – all critical issues for HR managers and directors in the freight forwarding industry. For more information about the congress or to book your seats contact the congress organisers, Teresa Settas Communications on (011) 894 2767 or e-mail nadine@tscommunications.co.za. Source: transportworldafrica.co.za

by Mike Poverello

Freight-forwarder liability at a glance

services_import_SnapseedActually, this is a view from the Ukraine. In modern practice, the organisation of the transport process often necessitates direct international multimodal transportation, in which case the freight forwarder carries out the contract of carriage as a multimodal transport operator, even if it does not directly own any vehicles. However, a trend has arisen in which the functions of the carrier and forwarder are combined. Under this model, traditional carriers diversify their activities by creating a forwarding unit within their companies, or forwarding agents acquire vehicles or create dependent carriers. Furthermore, forwarders often hire subcontractors to undertake the shipment; as a result, cases of loss or shortage of goods and claims against forwarding agents can become quite complicated. 

General provisions

Ukrainian legislation does not provide detailed rules governing freight-forwarding activities. The Law on Freight-Forwarding Activities, the Civil Code and the Economic Code stipulate only the general regulations of freight forwarding.

In accordance with Clause 1 of the Law on Freight Forwarding Activities, the contract of freight forwarding is a contract in which the freight forwarder agrees, at the client’s behest, to perform or arrange for the performance of certain contract work related to the transportation of goods. The forwarding agent is entitled to engage other parties for the execution of certain work under the contract (eg, transportation, storage, loading and unloading).

The law includes only general provisions under which the freight forwarder may be held liable to the customer (unless provided otherwise in the contract) for:

  • the number of packages;
  • the weight of the packages (if the weighing was conducted in the presence of the carrier and confirmed with its signature); and
  • packaging requirements under the related shipping documents (signed by a representative of the carrier).

Issues regarding the forwarder’s liability are also governed by the general provisions of the Civil Code, which provides for liability for breach of obligations under the contract. Thus, Article 623 of the code provides that a debtor in breach of its obligations must compensate the creditor for losses caused.

Where the freight forwarder engages third parties to fulfil its obligations under the contract of freight forwarding, the forwarding agent will be held fully responsible for the actions and omissions of the third parties.

Ukrainian law lacks specific rules that directly limit the freight forwarder’s liability to the client. Detailed rules governing the forwarding agent’s liability to the customer, as well as grounds and limitations of such liability, are fixed by the parties in the contract of freight forwarding.

At the same time, Ukrainian legislation contains general rules that allow for the release of the freight forwarder from liability. In accordance with Clause 614 of the Civil Code, a party that has violated its obligations will be held responsible only if found guilty (intently or negligently), unless otherwise agreed in the contract. Disputes in connection with claims against freight forwarders for loss of cargo in transit are common in Ukraine, so there is ample case law in the area. However, since Ukrainian legislation provides only general provisions on the freight forwarder’s liability, court practice for such disputes is often ambiguous and contradictory. In particular, there have been separate cases with similar circumstances in which the court variously found the freight forwarder both liable and not liable for cargo loss in transit. Continue reading →