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Legal Eagle


Discussion with your broker/insurer Your best friend in this process will in all probability be your broker/insurer and it is essential that they are consulted as part of the migration process. Some insurers/brokers have been in contact with Members to discuss the latter’s intention. Where time permits, it would be sensible to arrange for the transfer to the new STC to coincide with the annual renewal of the Freight Forwarder’s Liability Policy. We suggest that a copy of the STC is sent to the insurer with a


link to BIFA’s website where there is a presentation highlighting the main changes between the 2005A and 2017 edition. One area to highlight is that the limits of liability have not changed. It is important to request and receive from insurers written


confirmation that the appropriate insurance cover will be in place from the appropriate migration date.


Advise customers of the date when business will transfer to the 2017 STC Only individual Members know exactly how long it will take from start to finish to undertake the migration. From discussing the matter with Members, most have been able to complete the process in between one and two months; a couple have said that they allowed three months. When advising customers, it is important to also advise your


overseas agents at the same time of this change. It is important to consider how to advise your Members of the


change from the 2005A to 2017 edition. The simplest method will be to change the text of the automatic footer on all e-mails to incorporate reference to the change. It is essential to make specific


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reference to both the date when the change becomes effective and the 2017 edition of the STC.


Formal notification As it is important to incorporate the 2017 Conditions, all customers must be formally advised. It is recommended that formal notification is sent by either post or e-mail to all customers advising that from a specific date all business will be contracted under the 2017 STC. If using the mail, it is important to include a hard copy of the


conditions; if using e-mail, a link to where the STC are posted must be included. This can be the Member’s own website or BIFA’s. It is recommended that a written record of the date when the customers were advised, and the method used, is retained. For those using electronic methods, the IT department should be consulted with regard to how the e-mails can be traced. One point that needs to be considered is, should the client be


requested to acknowledge receipt and acceptance of the new STC? The current view is that whilst this might be desirable, it is not necessary and would be an administrative burden. This guidance does not cover every eventuality. Some BIFA


Members have complex logistics contracts in place and these should be checked to ensure that there are no conflicts between the texts in either documents. If a customer queries any of the terms in the STC, it is essential that these are dealt with promptly to ensure that the Members can rely on them. Within the BIFA Good Practice Guides there is a useful document regarding the use of the BIFA STC, which has a long passage on incorporation, which should be read in conjunction with this document.


May 2018


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