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Standard trading conditions

We are basing all our work on the Standard Trading Conditions of the Thai International Freight Forwarders Association (TIFFA).

You can also download these conditions as .pdf (Adobe Acrobat) file. 		Download Adobe Acrobat Reader

TIFFA & TAFA STANDARD TRADING CONDITIONS (1990 EDITION) BY THE THAI INTERNATIONAL FREIGHT FORWARDERS ASSOCIATION AND THE THAI AIRFREIGHT FORWARDERS ASSOCIATION

SPECIAL ATTENTION
The  "Customer" 's attention is drawn to the clauses here in below which exclude and/or limit the "Company" 's liability and/or those which require the  "Customer" to indemnify the "Company" in circumstances specified therein, and the "Customer" shall hereby be deemed to expressly agree to such exclusion and/or limitation and/or indemnification.

PART I: GENERAL CONDITIONS


DEFINTIONS

1. In these Conditions

-
"Company"
is the corporate member of the Thai International Freight Forwarders Association; and Thai Airfreight Forwarders Association;

-
"Customer"
means any "Person" at whose request or on whose behalf the "Company" provides a service;

-
"Person"
includes persons or any body or bodies, association or any juristic person;

-
"Owner"
includes the owner,shipper and consignee of the "Goods" and any other "Person" who is or may become interested in the "Goods" and anyone acting on their behalf;

-
"Goods"
includes the cargo and any container not supplied by or on behalf of the "Company" in respect of which the "Company" provides a service;

-
"Container"
includes any container, trailer,pallet, transportable tank, flat, or any article of transport used to carry or consolidate "Goods" or any equipment connected thereto;

-
"Dangerous Goods"
includes goods which are of a dangerous nature, or may become dangerous, or are likely to cause injury to persons or properties and goods likely to harbour or encourage vermin or other pests;

-
"Instructions"
means a statement of the "Customer" 's specific requirements;

-
"Conditions"
means the entire undertakings, terms, conditions and clauses embodied herein.


HEADINGS

2. Headings in these "Conditions" are for reference only.


APPLICATION
3. (A) Subject to sub-clauses (B) and (C) below, all and any services of the "Company" whether gratuitous or not are undertaken subject to these  "Conditions"

-
Part I shall apply to all such services;
- Part II shall only apply to the extent that such services are provided by the "Company" as agent; and
- Part III shall  only apply to the extent that such services are provided by  the "Company" as principal.

(B) If any legislation is compulsorily applicable to any business undertaken, these "Conditions" be regards such business. Be read as subject to such ligislation and if any part of these "Conditions" be repugnant to such legislation to any extent such part shall, as regards such business, be overridden to that extent and no further, and nothing in these "Conditions" shall be constured as a surrender by the "Company" of any of its rights or immunities or as an increase of any its risponsibilities or liabilities under such legislation.

(C) Subject to sub-clause 3 (B) above, where a document bearing a title of FIATA Commined Transport Bill of Lading (FBL), or House AirWayBill (HAWB) issued subject to the current Standard Conditions govening FIATA Combined Transport Bills of Lading, or where a bill of lading (whether or not negotiable) or air waybill (whether or not negotiable) or waybill is issued by or on behalf of the "Company" and provided that the "Company" contract as carrier, the terms and conditions embodied in such foregoing mentioned documents shall be paramount insofar as those terms and conditions are inconsistent with these "Conditions."


COMPANY'S GENERAL RESPONSIBILITIES

4. (A) The "Company" shall perform its duties with dilligence, skill, judgement and care as reasonably required from its profession.

 (B) Subject to clause 19 hereof, the "Company" shall carry out its services within a reasonable time.

 (C) Subject to these "Conditions" and in particular to sub-cluase4(D) and (E) below,the "Company" shall take all reasonable steps to perform any of the "Customers"'s "Instructions" accepted by the "Company."

 (D) If at any stage during is services the "Company" should reasonably consider that there is good reason in the "Customer" 's interests to depart from any of the "Customer" 's "Instructions",the "Company" shall be pemitted to do so and shall not incur any additional liabillty in consequence of so doing.

 (E) When using its discretion as permitted in these "Conditions",the "Company" shall do so with due regard to the interests of  the "Customer".

5.
If after a contract has been agreed, events or circumstances come to the attention of the "Company" make if wholly or in part impossible for the "Company" to fulfill its duties, it shall take reasonable steps to inform the "Customer" of such events or circumstances and seek further instructions.


RIGHTS OF COMPANY

6. Except as otherwise agreed in writing between the "Company" and its  "Customer", the "Company" shall be entitled to enter into contracts on behalf of the "Customer" and the "Customer" hereby expressly agrees there to arrangements

-
for the carriage of "Goods" by any route, means or person;
- for the storage, packing, transhipment, loading, unloading or handling of "Goods" by any person at any place whether on shore or afloat and for any length of time;
- for the carriage or storage of "Goods" in or on "Containers" as the case may be or with other goods of whatever nature;
- for the performance of such acts as in the opinion of the "Company" may be necessary or incidental to the performance of the "Company" 's obligations for the interests of the "Customer"

7. The "Company" shall be entitled to perform any of its obligations herein by itself or by its parent, subsidiary or associated companies or by any other person, firm or company, and it shall be deemed that these "Conditions" shall be made for the benefits or any such parent, subsidiary or associated company, or any person, firm or company pursuant to Section 374 of the Civil and Commercial Code of Thailand.

8. The "Company" may at any time comply with the orders or recommendations given by any authority and the responsibility of the "Company" in respect of the "Goods" shall cease on the delivery or disposition of the "Goods" in accordance with such orders or recommendations.

9. If delivery of the "Goods" or any part thereof is not taken by the "Customer" or "Owner" at the time and place when and where the Company is entitled to call upon the "Customer" or "Owner" to take delivery thereof, the "Company" shall be entitled to store the "Goods" or any part thereof at the sole risk and expenses of the "Customer."

10.		  
(A) Notwithstanding clause 9 above, the "Company" shall be entitled at expense of the "Customer" to dispose of (by sale or otherwise as may be reaonable in all the circumstances) "Goods", which are unable to deliver in accordance with "Instructions";

-
on giving 21 days' notice in writing to the "Customer" cannot be traced and reasonable efforts have been made to contact any parties who may reasonably be supposed by the "Company" to have any interest in the "Goods" ; or
- without notice "Goods" which have perished, deteriorated or altered, or are  immediate prospect of doing so in a manner which has caused or may be reasonably expected to cause loss or damage to third parties or to contravene any applicable laws or regulations.
(B) The net proceeds derived from such disposition and after deduction by the "Company" for any debts owing to it shall be returned to the "Customer."

11. The "Company" shall be entitled to retain and be paid all brokerages, commissions, allowances and other remunerations customarily retained by or paid  to freight forwarders.

12. The "Company" shall have a lien on all "Goods" and related documents in its possession, custody or control for all sums due at anytime from the "Customer" or "Owner",and shall be entitled to sell or dispose of such "Goods" or documents as agent for and at the expense of the "Customer" and apply the proceeds in or towards the payment of such sums upon giving 28 days' notice in writing to the "Customer", and where the "Goods" are liable to perish or deteriorate the "Company"'s right to sell or dispose of the "Goods" shall arise immediately upon any sum becoming due to the "Company" subject only to the "Company" taking reasonable steps to bring to the Customer's attention its intention of silling or disposing of the "Goods" before doing so.


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