Terms & Conditions

British International Freight Association (BIFA) Standard Trading Conditions 2021 Edition (England) © BIFA 2021

THE CUSTOMER'S ATTENTION IS DRAWN TO SPECIFIC CLAUSES WHICH EXCLUDE OR LIMIT COMPANY LIABILITY, REQUIRE CUSTOMER INDEMNITY IN CERTAIN CIRCUMSTANCES, LIMIT TIME, AND DEAL WITH ISSUING EFFECTIVE GOODS INSURANCE, INCLUDING CLAUSES 7, 8, 10, 11(A), 11(B), 12-14, 18-20, and 24-27. CUSTOMER'S ATTENTION IS ALSO DRAWN TO CLAUSE 28 WHICH PERMITS ARBITRATION IN CERTAIN CIRCUMSTANCES.

All headings are indicative and do not form part of these conditions.

Definitions and Application

In these conditions:

• Company means the BIFA member trading under these conditions.
• Consignee means the person to whom the goods are consigned.
• Customer means any person at whose request or on whose behalf the Company undertakes business or provides advice, information or services.
• Direct Customs Agent means the Company acting in name of and on behalf of Customer and/or Owner with HMRC.
• Goods means the cargo to which business under these conditions relates.
• Owner means owner of the goods or transport unit and any other person interested in them.
• LMAA means London Maritime Arbitrators Association.
• SDR means Special Drawing Rights as defined by International Monetary Fund.

All services are subject to these conditions unless superseded by mandatory applicable legislation.

The Company

Company may act as agent or principal and may subcontract services.

Company has liberty as to means, route and procedure in service performance.

In HMRC dealings, Company acts as Direct Customs Agent where applicable.

Company has lien rights over goods/documents for sums due and may sell/dispose of goods under conditions defined in BIFA terms.

Insurance is only arranged where clear written instructions are provided by customer and accepted in writing by company.

Advice/information is for customer use only, and customer indemnifies company for onward use to third parties.

Company will not accept special-risk goods without prior written agreement.

The Customer

Customer warrants that all descriptions, measurements, and particulars provided are accurate, and goods are properly packed, prepared, labelled and fit for transport.

Customer indemnifies Company for losses, penalties, claims, duties, taxes, and liabilities arising from customer instructions, breaches, or dangerous goods.

Customer must make payment in full when due, without set-off. Late payment consequences apply in accordance with terms and UK late payment legislation.

Liability and Limitation

Company performs duties with reasonable care, diligence, skill and judgment.

Liability exclusions and limits apply, including force majeure, delay limits, SDR caps, and exclusions for indirect/consequential losses, as set out in clauses 23-27.

Claims must be made in writing within stated BIFA deadlines. Time bars apply.

Jurisdiction and Law

These conditions are governed by English law.

Disputes are subject to English courts unless Company requires arbitration under clause 28, including applicable LMAA procedures.

Data Processing Addendum

Terms include addendum for legislative obligations relating to personal data processing and data subjects, including security measures, controller/processor responsibilities, sub-processor controls, notification obligations, and assistance with data subject rights.

For full legal wording, refer to complete BIFA 2021 terms and addendum used by CSM Logistics.