Views: 13 Author: Site Editor Publish Time: 2020-04-15 Origin: Site
Let us work together to understand the classification of the legal status of international freight forwarding companies, do common legal risks of freight forwarding, and how to prevent risks.
First, the legal status of international freight forwarding companies
At least divided into the following three types:
1, purely as a proxy
2, both agents and managers of the dual identity
3, NVOCC or international multimodal transport operator status
Second, the legal risks
1, unclear identity led to unclear responsibilities
At present, many freight forwarding companies confuse the concepts of shippers, agents and independent operators. For example, instead of collecting agency commissions from the shippers in the process of agency, they collect freight; in their own name, they sign the relevant entrustment agreements with the yard, the customs broker and other shipping companies This is easily accepted by the court as a party with greater legal liability.
2, the abuse of agency status and authority or agency responsibilities
Such as rejection of the cabinet or change the date of shipment, did not get a full set of original bill of lading or bill of lading only fax, etc., or choose the carrier inappropriate. This can easily be claimed by the owner.
3, free to issue a letter of guarantee or slogan signed the relevant agreement
Forwarders often issue letters of guarantee for the owner on behalf of the freight company or stamp of the freight forwarder on the letter of guarantee issued by the owner, resulting in the responsibility of the freight forwarding company for guarantee.
In the agreement with the storage yard, customs broker or transportation company, the agreement on the division of responsibilities is unclear, resulting in freight forwarding companies in the shipowners bear the corresponding responsibility, can not recover the fault in accordance with the agreement.
4, frequent long-term advance freight
Freight forwarding companies often advance freight. The amount is usually not large, but a few owners overdue payment. Many freight forwarding companies in the face of this situation due to litigation costs, to maintain customer issues and give up rights.
Third, preventive measures
1, Strictly define the agency identity, to prevent the more 俎 generation 庖
In all agency agreements and commission agreements clearly define their own identity and legal status, narrowing the scope of responsibility.
2, fulfill the agency responsibilities
In strict accordance with the owner's instructions and comply with the practice of the carriage of goods by sea, with particular attention: Choose a non-vessel carrier qualifications of the business or the actual carrier with legal qualifications and must ensure that a full set of original bill of lading.
3, prudent issued a letter of guarantee, improve the terms of the contract, transfer of risk
The situation must be issued a letter of guarantee, the owner should be made in advance to assume the written commitment of responsibility for recovery.
In the agreement entrusted to third parties, it is clearly stipulated that due to the economic losses caused by the owner due to the responsibility of the field-installed company, the customs declaration agency and the transportation company, the freight forwarding enterprises shall have the right to claim the responsible party for compensation.
4, try not to advance the freight and agreed in the relevant agreement breach of contract
If it is necessary to advance the contract, it shall stipulate in the agency agreement the liability for breach of contract for the overdue payment or return of the advance freight so as to restrain the owner from breaching the contract.
