Model Conditions of Carriage
FTA Model Conditions of Carriage are approved by the users and providers of road freight transport as well as by the insurers of companies involved in the movement of goods by road and are for use by FTA members and non-members. Under common law you can be held responsible for the full value of a load irrespective of its value. You can be held responsible for the consequential losses arising from non-delivery or damaged delivery. While the Conditions of Carriage identify the interests of the customer, they are drafted to protect the carrier and to provide exclusions and limitation clauses to reflect where liability ought to lie. FTA Model Conditions of Storage follow the same format, but relate to goods of which are being stored/warehoused.
Benefits of Model Conditions of Carriage
- Can help to reduce the cost of your Goods in Transit insurance premium
- Limit the carrier's liability at £1,300 per tonne on the gross weight of goods lost, delayed or damaged
- The conditions are clear, concise and easy to understand
- Recognise the costs that the parties can incur if involved in civil proceedings in the court and offer Alternative Dispute Resolution procedures as an alternative
- No longer limits the contract to one stage of subcontracting and removes from the carrier the obligation to give to the customer details of the subcontractor used. It is not always possible for a carrier to give that information to a customer when urgent action needs to be taken to continue the carriage
- Recognise the sensitive nature of the carriage of dangerous goods and makes it clear that the carrier will not subcontract carriage of such goods unless expressly authorised in writing by the customer
- Make it clear that responsibility for loading and unloading rests with the customer and that the customer should indemnify the carrier should anything go wrong as a result of defective equipment or negligent workmanship of the customer
- Reflect that although use of consignment notes and receipts is desirable, the format and system may vary and they allow scope for particular systems to be introduced between the carrier and the customer
- Recognise the encouragement given to business to try to resolve disputes other than through the court and sets out a machinery for doing so
Examples of companies who currently use FTA's Conditions of Carriage
- Turners (Soham) Ltd
- Magnus Group
- Leggett's Transport
- AMPS
Where to obtain FTA's Conditions of Carriage
Copies of the FTA Model Conditions of Carriage and Storage are available for use by members and non-members. They can be obtained in hardcopy format through Shopfta online, via telephone 08717 11 11 11 or email sales@fta.co.uk , alternatively download copies in pdf format below.
