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1.

Which obligations and responsibilities of the contractual parties are


stipulated in freight and freight forwarding agreements?
Similarly to all other types of agreements, the freight and freight forwarding
agreement stipulate the obligations and the liability of the parties. The party who
has ordered the transport and the party who has paid for it are generally
interested that the possible damages that may occur during the transport
process would be indemnified. The carrier and the freight forwarder are
interested in receiving the agreed-upon charges for the performed works.
2. In which cases the freight forwarder is responsible before its
customer like a carrier?
Depending on the provided services, the freight forwarder takes responsibility
before the customer either as a carrier or a mediator (freight forwarder). In many
cases the freight forwarder takes responsibility as a carrier when filling in the
freight agreement, despite the fact that the freight forwarder does not perform
the transport physically. For instance, in cases where the activities include the
arrangement of road transport when the freight forwarder issues a transport
document or makes a transport offer on its own behalf. In this case the freight
forwarder is responsible before its customer similarly to the carrier who actually
performs the transport, being a contractual carrier which means that it is as if a
freight agreement has been concluded. When complex freight forwarding
services are provided, the freight forwarder may act as a carrier and as a
mediator within the performance of one agreement (e.g., as a carrier when
performing the road transport and as a mediator when arranging customs
clearance).
3. What should the customer do in order to reduce risks, if the liability insurance
of the carrier does not fully include the possible damages for the customer in
case of loss of the cargo?
Limited liability. The carrier/freight forwarder does not have to indemnify the full
value of the damaged or lost goods. An upper liability limit has been established
for every gross kilogram of the lost or damaged goods for every mode of
transport (in maritime transport it may also be per a lost or damaged cargo unit,
depending on which is larger). The upper liability limits are provided in the table.
If the value of the transported goods exceeds the carrier's liability limit, it would
be reasonable to insure the cargo in order to reduce risks (conclude a cargo
insurance agreement).
4. What are the general functions of a waybill?
Based on transport document, the carrier may issue an invoice for the performed
transport services. The most common transport documents is the waybill. A
waybill is used for all types of transport.

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