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List of arguments as to why our customers should accept NSAB as a part of the contract

List of arguments as to why our customers should accept NSAB as a part of the contract. NSAB is a contract where the clients are a party It is an important fact that NSAB is not an one sided conract developed by and for the freight forwarders.

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List of arguments as to why our customers should accept NSAB as a part of the contract

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  1. List of arguments as to whyourcustomersshouldaccept NSAB as a part ofthecontract NSAB is a contractwheretheclientsare a party It is an importantfactthat NSAB is not an onesided conractdeveloped by and for thefreight forwarders. It is a contractwherethe transport buyers have Participated as an equal party. At the latest Revisionthat lead up to NSAB 2000, it wastheNordic Transport buyerorganizationsthatdemandedthe negotiations. NSAB wasthenrevisedafter a

  2. thoroughreviewof all incomingsuggestions. All Nordic transport buyerorganizationsfullysupportedthenew agreement. In Norway, NorwegianShippersCouncil (TF) took part in thenegotiations. Itsmembers are – among others – NHO, Norsk Industri, HSH, Skogbrket and severalothercompanies. This meansthat most Transport purchasers are parties to thecontract, for instance Statoil, Norsk Hydro and more than 30.000 othercompanies.

  3. The parties premises werethat NSAB was to be used as a standard agreement. The standard agreement relates to the right of Transportation. The agreement is specificallymeant to cover the Relationshipbetween a freightforwarder and a transport Purchaser. It relates to theconventionsthat cover Transportation and storage by road, sea, train and air.

  4. The benefits for thebuyers are listedbelow: The freightforwarder has a stricterprofessionalresponsibility The freightforwarders have the burden ofproof to ensurethatthecontracts are satisfactorilyfullfilled. The freightforwarders have the burden ofproofthatthey are not bo blame in cases ofdamage to goods, loss and delay.

  5. The transport purchaserscan more easilygetinsurance and the total need for insurance is less expensive. The transport purchaserscan more easily be grantedcredit. Claims for damages are easierwithagreementslimitedby time. NSAB imposesgreaterobligations in respectofstorage.

  6. The standard agreement is adapted to insurancepossibilities Only by usingthe standard agreement can one be sure thatthefreightforwarderthrough his insurance covers theneedoftheclient. The insurances cover merelytheclaims in accordancewith NSAB. Ifthegoods for Transportationofstorage are exceptionallyvaluabletheinsurancecompanies offer specialinsurances for Transport purchasers. It is almostimpossible for freight Forwarders to get a similarcoverage.

  7. The customer’sstandard agreement is most oftennotcovering services. Most customeragreementsattempted are agreementsconcerningthepurchaseofgoods. This meansthatthey are notsuitable for the sale ofour services. Even ifthey are service agreements, theyimposeuponthefreightforwarders terms thatcannot be insured and that do notcomplywithlaws and conventions. In additiontheywill easierlead to claims and conflicts as they are one sideddictates.

  8. The SupremeCourt has stated in a verdict in Rettstidende 1994 page 626 that: NSAB contains a regulationofresponsibility in a Standard agreement agreeduponthroughnegotiationsbetweenorganizationsrepresentingthefreightforwarders and the transport purchasers. The Regulationsthus are a resultofbalancingtheconflicting Intereststhatapply, hereunder giving consideration to existinginsurancepossibilities and which party is best placed to take outinsurance.

  9. Not least is theconsideration to predictability and clear and simple solutionsveryimportant in this matter. In theSupremeCourt’s opinion it would be most unfortunate to dislocatetheregulationofliabilitythatonthispoint is implemented by thecontract.

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