Who are these services for?
Our Assessment of Liability Exposure services are designed for sellers, buyers, carriers and freight forwarders of goods transported internationally.
Assessment of Liability Exposure
What do we offer?
Instower’s Assessment of Liability Exposure service offers a specialist analysis and assessment of liability exposures of parties involved in international sale of goods, including analysis of:
- Contracts of carriage
- Freight forwarding contracts
- Contracts of international sale of goods
How do you benefit from this service?
By ordering our Assessment of Liability Exposure services you will have a clear understand of the following:
- What is the extent of carriers’ and freight forwarders’ liability in case of a cargo loss or damage?
- What is the extent of sellers’ and buyers’ liability in case of a cargo damage or loss?
- How can you mitigate the risks associated with the lack of legal liability of the mentioned parties for certain types of losses, damage or expenses?
- How protected is your organisation against claims for cargo loss or damage and how you can control the liability exposure of your business?
How do we deliver our services?
We personally examine the arrangements you have made with the participants of the international sale of goods, assess the extent of liability born by each party in various scenarios, and provide you with a report where the liability exposure of all parties are outlined in a clear manner.
The process of assessing liability exposures
- Provide us with the initially required information.
- We individually examine the provided information and respond within 24 hours to request further details and documents, clarify and agree your service needs and terms.
- Discuss with you and clarify the important aspects of your case.
- Deliver the Assessment Report in any preferred form.
Request Assessment of Liability Exposure now
Why do you need a specialist assessment of liability exposures?
The liability of parties involved in the international chain of sale of goods is primarily governed by various international conventions, rules, other legal acts, contractual provisions and judicial precedents.
For example:
- The liability of the majority of international road carriers is determined by the Convention on the Contract for the International Carriage of Goods by Road (CMR) 1956.
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The liability of sea carriers for damages or loss to goods is generally determined by the following international legal acts:
- International Convention for the Unification of Certain Rules of Law relating to Bills of Lading (“Hague Rules”) 1924
- The Hague Rules as Amended by the Brussels Protocol 1968 (“Hague-Visby Rules”)
- Protocol (SDR Protocol) amending the Hague Rules, as amended by the Hague-Visby Rules 1979
- The United States Carriage of Goods by Sea Act (“COGSA”) 1936
- United Nations Convention on Contracts for the International Carriage of Goods Wholly or Partly by Sea (New York, 2008) (the “Rotterdam Rules”)
- The York-Antwerp Rules 1974
- The York-Antwerp Rules 1994
- The York-Antwerp Rules 2016
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The liability of the majority of international air carriers is determined by the following:
The application of the above international treaties depends on several factors, including whether a certain country has ratified a particular treaty. It is therefore vital to clearly understand based upon which rules and legal acts the liability of a certain party should be determined in order to make appropriate risk management arrangements.
Our Cargo Claims Team will analyse and assess the implications of these and other legal acts, local legislation, regulations, judicial precedents and market practices for your organisation and provide you with a clear understanding of the liability exposure of your organisation and the partners you are doing business with.
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