Applicable Laws & Legal Liabilities of Freight Forwarders in India: Best International Trade Law Advice in Delhi NCR
Customs Lawyer in Delhi NCR | Customs Lawyer in Delhi | Customs Lawyer in Noida | Customs Lawyer in Gurugram |Export Import Lawyer in Delhi NCR | Export Import Lawyer in Gurugram | Legal Advice for Importers in Delhi NCR | Importers in Delhi | Importers in Gurugram | Importers in Noida | Importers in Delhi NCR | Importers in India | Legal Remedies for Importers in Delhi | Legal Remedies for Importers in Gurugram | Legal Remedies for Importers in Noida | Legal Solutions for Importers in Delhi NCR | Legal Services for Importers in Delhi | Legal Advice for Importers in Gurugram | Customs Attorney in Delhi NCR | Customs Attorney in Delhi | Customs Attorney in Noida | Customs Attorney in Gurugram |
“Freight Forwarders are the ones who actually book the shipments for the importers and exporters and they are the first point of contact between the consignor and the shipping line. They sometimes also process legal documentation and paperwork regarding customs. Having said that, the industry remains unorganised and freight forwarders face a lot of legal challenges. There are laws which are applicable upon freight forwarders and the legal compliances upon freight forwarders which they have to comply with. All these pointers with respect to freight forwarders have been discussed here in detail.
Further, the freight forwarder should always obtain proficient legal advice or legal consultancy before making their transactions. A proper legal advice of the best import export attorney or import export law firm or a customs lawyer is necessary.”
In a single contract including inland transit or several modes of transportation, a freight forwarder is a person or company who organises the dispatch of a consignment or transportation services on behalf of importers, exporters, or other businesses.
From the time the cargo is picked up from the consignor until it is delivered, the freight forwarder is responsible for it and is responsible for any loss or damage to the products or consignment that may occur. The cause of the delivery delay or any resulting financial loss may be physical damage to the products, theft, fire, or any other accident. A freight forwarder is responsible for the consequences if he/she is at fault or irresponsible.
Legal Liabilities and Cargo of Freight Forwarders: Best Corporate Legal Solutions for Freight Forwarders
If there is any physical loss or physical damage to the cargo during transit as a result of a negligent act, mistake, or omission, the transporter is responsible for his actions and may be sued by the client for the loss or damage to the cargo. Customers are more aware of their rights today, and the likelihood of a lawsuit is quite high. The possibility of being sued alarmed freight forwarders, who were compelled to insure their services in order to get a licence from the Director General of Shipping.
Omissions and mistakes Liability of Freight Forwarders: Best Corporate Lawyer Advice for Freight Forwarders
The freight forwarder, his agent, or a subcontractor may be held accountable for damages the client suffers as a result of a negligent act, mistake, or omission resulting from the freight forwarder’s business activities. If the freight forwarder cannot demonstrate that he or his agents or subcontractors took all reasonable steps to prevent the incidents and their effects, he or they will be responsible for paying the legal fees. If at fault, he is responsible for compensating the customer for the loss.
Fines and Duty Liabilities of Freight Forwarders: Best Legal Advice for Freight Forwarders
The freight forwarder shall be responsible for paying any claims originating from an accidental violation of any laws or regulations that results in fines, other fiscal penalties, or other penalties imposed by an authority. A freight forwarder must follow by the terms of the contract in order to avoid legal troubles that result in penalties and charges. It is vitally important to understand the legal framework that applies to multimodal transport operators (international freight forwarders), i.e., to comply with all customs and port laws and requirements and to bear any duties and fines incurred or experienced as a result of any failure to do so.
Legal Liabilities & Responsibilities as a Freight Forwarder
The responsibility of a freight forwarder is a very complicated topic to describe just in writing because every situation is unique. A freight forwarder’s responsibility to both their principal and the third party in the obligation is inextricably linked to their liabilities. Between importers, exporters, BCOs (Beneficial Cargo Owners), and the transportation and regulatory agencies including shipping lines, customs, ports, etc., a freight forwarder acts as a conduit for international commerce. Although it is not recommended, keep in mind that a contract with the client might also be verbal. At such point, the freight forwarder is subject to a number of special risks and obligations. A freight forwarder who enters into a contract to convey cargo from one location to another may be subject to a variety of risks and responsibilities.
Customers depend on the experience and expertise of freight forwarders to pick up the cargo from the seller, arrange for proper packaging of the goods, handle all paperwork and clearances along the way, and deliver the cargo to the buyer at the specified location, at the correct price, and in the same condition that it was picked up from origin using the best resources and routing. Even if unintentional, a freight forwarder may still be held responsible for any of the aforementioned things, particularly if the client alleges negligence on the part of the freight forwarder. The freight forwarder is then required to demonstrate that they were not careless.
Conclusion
A freight forwarders liability insurance policy should be obtained and add extensions like third party liability protection to it since as a freight forwarder, you are responsible for any loss or damage to goods. If the loss happened as a result of a divine act, an inherent defect in the products, or the consignor’s own fault, you would not be held responsible. The freight forwarders liability insurance coverage will be activated in the event of any contractual violation, negligence, or error on the part of the freight forwarder.
Authored By: Adv. Anant Sharma & Afsana Khan
#mylawyersadvice #anantsharma #corporatelaws #laws #legal #India #customslawyer #customsattorney #imports #exports #dropshipping #logistics #taxes2022 #dutyfree #logisticssolutions #logisticscompany #attorneysatlaw #foreigntrade #trade #internationaltrade #importexportattorney #importexportlawfirm