Freight forwarder’s liability
Article 28: Extent of Liability.
a) The liability of the Freight Forwarder shall be limited or he shall be relieved from such liability in accordance with the preceding provisions or those, which follow. The Freight Forwarder shall be held liable if the damage occurred by fraud or gross negligence of him or his employees.
b) The provisions of international conventions on carriage regulating the limitation or the release of the carrier from liability are directly applicable to the Freight Forwarder’s liability.
Article 29: Limitation of Freight Forwarder’s Liability.
a) If the Customer’s instructions evidenced in the Freight Forwarding contract place limits on the Freight Forwarder’s freedom to act, then there should be respective limitation of his liability. If damage to the goods occurs which is directly connected to the Customer’s instructions, the Freight Forwarder shall be released from his liability.
b) The Freight Forwarder’s or the carrier’s liability towards the Customer cannot exceed that of their agents or foreign representatives in respect of the laws, the provisions, the rules and the customs in effect in the country of the said agents and foreign representatives.
Article 30: Maximum Limits of Liability.
Should the Freight Forwarder be found liable for damage to the goods or loss or delayed arrival of the goods in transport whether the above is imputable to the Freight Forwarder’s own fault or to the fault of other carrier to whom the performance of carriage has been assigned, the redress to be paid shall be limited to the limits provided for in the international conventions ratified in Greece by law which determines the relevant contract of carriage.
Article 31: Goods of Great Value.
As for goods the value of which exceeds the maximum limits of the Carrier’s responsibility provided for in international conventions ratified in Greece by law, as well as for money, documents, bills of exchange, work of art and jewellery, the Freight Forwarder shall be liable only if the carrier has given him a written indication of the value of the goods in transport in sufficient time for the Freight Forwarder to be in position to accept the order or refuse it in writing.
Article 32: The Freight Forwarder’s release from liability.
1) The Freight Forwarder shall not be liable for:
a) Damage owing either to theft as defined in article 374 [c] of the Penal Code or to robbery as defined in article 380 of the Penal Code.
b) Damage owing to the existence of legal or administrative restrictions and difficulties upon performance of the contract of carriage (lack of or delayed receipt of documents, customs clearance certificates, import or export documents etc.) The Freight Forwarder shall not be liable for carriage costs, costs for clearance, duties, taxes and other expenses, which have erroneously been imposed by the relevant authorities.
c) Loss of or damage to goods owing either to error by the carrier during loading or to a defect in the goods or to insufficient or defective packaging. In such cases, the Freight Forwarder is authorized to take note of reservations expressed by the carriers, warehouse-keepers and consignees relating to the packaging of the goods.
d) Damage which could not have been avoided even if the Freight Forwarder had shown all due diligence, care and attention and had taken all the necessary steps to avoid the damage; or damage caused due to the fact that it was impossible to take such steps.
e) Damage owing to keeping the goods in an open area, if this had been so agreed, or if another way of keeping the goods was impossible due to the nature of the goods or to the circumstances.
f) Damage owing to force majeur, bad weather conditions, damage to machines, wiring systems, other goods, damage caused by animals or normal wastage of goods due to their nature. In such cases, the Freight Forwarder shall be liable only if it is presumed that he deliberately caused the damage.
g) Damage owing to slight negligence of the Freight Forwarder or his agents.
h) Damage, which occurred while the goods were in the port’s warehouses, in a bonded warehouse or in another public warehouse.
2) If, under the circumstances, damage was likely to have occurred owing to the above risks, then it is presumed that the risk did indeed occur owing to the above risks.
Article 33: Discharge of Freight Forwarder’s Liability.
The Freight Forwarder’s liability ends with the actual and unreserved acceptance of the goods on the consignee’s part, as defined in article 19 hereto.
Article 34: Immediate, written notice of damage.
a) Any damage, even if it is not apparent, should be notified to the Freight Forwarder in writing immediately upon delivery of the goods. If the Freight Forwarder delivered the goods, the notice for the damage occurred must be given to him no later than 6 days from the incident.
b) In the event of failure to comply with the above obligation, it shall be presumed that the damage occurred after the delivery of the goods.
c) If notice of the damage is given at some point when the Freight Forwarder cannot take steps against third parties, he shall not bear any responsibility for the consequences.
Article 35: Calculation of loss.
If the indemnity the Freight Forwarder is required to pay amounts to the value of the goods, he shall be obliged to pay only if the ownership of the goods is transferred to him and the claims of the Customer or the consignee against third parties are assigned to him including the insured amount in relation to the goods.
Article 36: Freight Forwarder’s liability in multimodal transport.
If the carriage is based on a consolidated contract (multimodal transport), the Freight Forwarder shall be liable for damage, or loss of the goods in transport in accordance with the law governing the Freight Forwarder’s liability of the last mean of transport.