Terms & Conditions
1. Definitions
1.1 “Forwarder” refers to Future Consolidations, acting as a licensed Customs Broker or Freight Forwarder, undertaking services such as customs clearance, forwarding, consolidation/LCL operations, documentation, warehousing (including transit storage), packing, weighing, container handling, coordination of multimodal transport, and other related activities.
1.2 Where any activity requires approval or licensing by Government or Public Authorities, the term “Forwarder” refers only to such duly licensed and approved entities.
1.3 “Customer” refers to any party who engages the Forwarder to perform services on their behalf.
2. Performance of the Contract
2.1 Duty of Care
The Forwarder shall perform services with reasonable skill, care, diligence, and prudence expected of a professional in the logistics and freight forwarding industry. If such care is exercised, the Forwarder shall not be responsible for loss, damage, delay, or deterioration of goods.
2.2 Customer Instructions
(a) The Customer shall provide all necessary instructions, documents, and information to enable the Forwarder to perform the contracted services.
(b) The Forwarder will endeavour to follow all instructions. However, if circumstances reasonably justify deviation in the interest of the Customer, the Forwarder may act using its own discretion.
(c) In the absence of written instructions, the Forwarder is free to choose sub-contractors, carriers, transport modes, and routing as deemed appropriate.
2.3 Advances and Documentation
(a) The Customer shall advance all sums required by the Forwarder for duties, charges, freight, or expenses incurred on behalf of the Customer.
(b) When acting solely as a Customs Broker, the Forwarder shall comply with applicable Customs Broker Licensing Regulations. The Forwarder will not be liable for loss, damage, or delay where due care has been exercised.
2.4 Limited Knowledge of Prior or Post Transactions
The Customer acknowledges that the Forwarder, when acting as a Customs Broker, is not privy to commercial dealings prior to or after the customs clearance process.
2.5 Insurance
The Forwarder is not responsible for arranging cargo insurance unless specifically instructed in writing.
Where instructed, insurance is procured on the Customer’s account and subject to the insurer’s terms and conditions.
3. Liability of the Forwarder
3.1 Extent of Liability
The Forwarder is liable only for loss or damage arising from its own proven negligence or that of its employees.
3.2 Exclusion of Consequential Loss
The Forwarder shall not be liable for consequential loss, loss of profit, loss of market, or special damages of any kind.
3.3 Third-Party Acts
The Forwarder shall not be responsible for acts or omissions of third parties (carriers, agents, shipping lines, custodians, transporters, etc.) provided reasonable care was exercised in their selection.
If negligence in selection is proven, the Forwarder’s liability shall not exceed the liability limits applicable to such third party.