BIFA Standard Trading Conditions 2017
Summary of Changes
So, what are the changes?
Three of the clauses have undergone significant changes and they will be dealt with in separate paragraphs however the slight changes detailed here are usual if tidying up wording to reflect the passing of years. The preamble and definitions have been tightened to reflect the new EU regulation number following the introduction of the Union Customs Code. There is specific reinforcement of the role of a Direct Representative as this issue has become far more complex in the past year.
In clause 6B BIFA have introduced a fixed time limit when a customer can demand evidence as the previous wording was open ended and in clauses 8 and 10 the time limit has been reduced from 28 days to 21 days.
The wording in clause 14 has been changed from “pets, livestock” to “living creatures”, and the reference to “bullion, coin” to “bullion, currency”. Finally, there are extra words inserted in clause 26 “whichever shall be the lesser”.
Clause 17(A) has been extended to take account of the SOLAS rules relating to verified gross mass (VGM) requirements. The terms provide a warranty from the customer that they are giving an accurate and actual verified gross mass of any container packed with packages and cargo items.
BIFA have amended clause 21 at sub clause (B) to include what is often referred to as an acceleration clause. This means that if a customer defaults on any sums due then any credit terms in place have no effect and all money invoiced and unpaid at the time of default becomes due and owing.
BIFA have amended clause 28 by including the choice of arbitration in favour of the BIFA Member which improves the ability for Members to pursue customers in jurisdictions which may not give effect to an English law and jurisdiction clause in favour of English courts.