www.bifa.org


Robert Keen’s Column


BIFAlink


BIFAlink is the official magazine of the British International Freight Association Redfern House, Browells Lane, Feltham TW13 7EP Tel: 020 8844 2266 Web site: www.bifa.org E-mail: bifa@bifa.org (A company limited by guarantee. Registered in England: 391973. VAT Registration: 216476363)


Director General Robert Keen r.keen@bifa.org Executive Director Robert Windsor r.windsor@bifa.org Executive Director Spencer Stevenson s.stevenson@bifa.org Policy & Compliance Advisor Mike Jones m.jones@bifa.org Policy & Compliance Advisor Pawel Jarza p.jarza@bifa.org Training Development Manager Carl Hobbis c.hobbis@bifa.org Editorial Co-ordinator Sharon Hammond s.hammond@bifa.org


Published by Park Lane Publishing peter@parklanepublishingltd.com Contributors Robert Keen, Robert Windsor, Mike Jones, Spencer Stevenson, Carl Hobbis, Sharon Hammond, Pawel Jarza


Regional Consultants to BIFA Scotland and the Borders Len Hobbs: bifa.scot@gmail.com Northern Ireland Carson McMullan: carsonconluce@aol.com Midlands and the North Paul Young: youngyes@aol.com London West and the South West Mike Jones: m.jones@bifa.org


Anglia, London East and the South East Paul Newman: paul@pnauk.com


Please be advised that BIFA DOES NOT OFFER LEGAL ADVICE. BIFA is not a law firm and the authors of this publication are not legally qualified and do not have any legal training. The guidance and assistance set out herein are based on BIFA’s own experience with the issues concerned and should not be in any circumstances regarded or relied upon as legal advice. It is strongly recommended that anyone considering further action based on the information contained in this publication should seek the advice of a qualified professional.


October 2019


A new version of Incoterms® arrives


The long-awaited release of the 2020 edition of Incoterms® arrived in September. A brief update can be found on page 7, as well as information on training options.


We have received a few enquiries recently regarding charity shipments where a BIFA


Member has assisted in moving donated goods overseas, often waiving its own charges, and just passing on nett disbursements. Whilst we do not want to discourage anyone from undertaking charitable work, it is fraught with potential problems. A recent example concerned the consignee not being able to afford to clear the goods and the BIFA Member running up overseas charges as the UK sender simply had no money either. Of course, if it was a commercial shipment with the BIFA STC incorporated in the


contract, then the shipper indemnifies you for such consequences. However, legal action against someone trying to be charitable is a non-starter, so it is wise to undertake such work with great care and attention to the possible implications if something goes wrong.


Similar issues arise when is handling goods for private individuals or micro companies where the owner does


everything. As I wrote recently about county courts, there can be difficulties when a private individual claims ignorance of trading terms. Courts can lean towards a consumer under some circumstances, despite the STC being incorporated in the contract. We are aware that many BIFA Members have a policy of not dealing with such shipments, but if you do undertake such work it is well worth going out of your way to emphasise the STC to the customer and have such actions documented should you need evidence. You can find more information on bifa.org/Information/Good Practice Toolbox.


Whilst speaking of enquiries, I have taken three calls in two days on the same subject and the same


misunderstanding by the callers. To cut to the chase, if your customer’s name is on a bill of lading and you are not mentioned, this does not absolve you of liability. You are only an agent if you place your customer in a direct contractual relationship with the shipping line and you do not make a hidden profit. The shipping lines will always follow the contract; if you booked and paid for the carriage then problems overseas can come back to you. BIFA recommends that as soon as there is an overseas problem where demurrage or abandonment costs may be incurred, you set up a weekly payment plan with your customer who is liable for them. Clause 20A of the BIFA Standard Trading Conditions is where your customer indemnifies you for a wide range of outgoings that arise from you following its instructions.


I have avoided writing about Brexit recently due to the ongoing political turmoil, but I wanted BIFA Members


to know that our Policy and Compliance team is continuing to represent your views at the highest level. We met with Michael Gove and Grant Shapps in August and continue to attend many forums with government, the Bank of England and other relevant bodies. Our message is simple. As an apolitical organisation, what we need is clarity. In this final edition of BIFAlink before the 31 October Brexit deadline, we dedicate eight pages to the potential outcomes of a no deal and give guidance on preparations that BIFA Members can still make.


One of the sad tasks I have through this column is to report on the passing of BIFA stalwarts and in early


September we lost Bob Cross who had chaired the BIFA Advisory Body on dangerous goods. Bob’s easy going and friendly demeanour concealed a steely determination, and he was a great asset to both the Secretariat and BIFA Members with his comprehensive technical knowledge. Robert Windsor has added his own tribute in this edition of BIFAlink.


Robert Keen Director General


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