Common use of Freight Forwarding Services Clause in Contracts

Freight Forwarding Services. Unless agreed otherwise, in case Lineas organizes a carriage of goods by road, in addition or not to a carriage of the Goods by rail, and/or a carriage of goods by rail without executing the carriage of the Goods by rail itself, Lineas shall act as forwarding agent (comissionair-expediteur) according to Belgian Law for the organisation of such carriage. The duties of a forwarding agent (comissionair-expediteur) consist of forwarding goods either in his own name or in his principal’s name, but always on the latter’s behalf. Lineas as forwarding agent shall perform its duties with reasonable care, dedication and perception, and he shall be under a duty of normal professional performance of the instructions given to him. The liability of Lineas as forwarding agent shall be limited to that for fault, negligence or omission in the performance of the instructions given to him. Lineas as forwarding agent shall not be liable for the performance of any contract entered into by him for and on behalf of his Customer with third parties, servants or agents, pertaining to storage, transport, customs clearance or the handling of goods, unless it is shown by the Customer that the defective performance thereof was directly caused by the freight forwarder’s fault. Lineas as forwarding agent does not guarantee any fixed time or date for delivery, dates of arrival and departure, unless otherwise previously agreed in writing. The indication of a time or date for delivery by the principal is not binding upon the freight forwarder.