When is the exemption from liability in the logistics service business set out?
Business is always a hot issue and indispensable in social life. Besides making actual profits; Many businesses face losses from this business activity. It can be fluctuations from the market brought, or risks from the contract itself signed by the trader. Derived from that practice; the issue of disclaimer is always the subject of interest. So when are cases of exemption from liability in the logistics service business of traders set out?
Let’s learn more about these regulations with Lawyer X through the article below:
Legal grounds
Commercial Law 2005
Conditions for logistics service business
General conditions of traders providing logistics services are specified in Article 234 of the 2005 Commercial Law
Firstly, the condition of subject status
Traders providing logistics services must have a legal business registration as prescribed by law. Accordingly, traders providing logistics services must operate under the model of a private enterprise; a two-member limited liability company or a joint-stock company. The organization and management in the enterprise shall comply with the provisions of the law on enterprises.
Secondly, conditions on technical standards.
– Many types of logistics services are compulsory for traders when conducting business activities; must prepare adequate means; equipment and tools to ensure safety and technical standards when conducting business activities.
– Various standard conditions; complex. Some conditions can be mentioned such as conditions on warehousing; machinery, packaging lines, infrastructure, etc.
– Traders provide logistics services before carrying out business activities; procedures must be carried out to demonstrate that the requirements for technical standards are met.
Thirdly, conditions of professional qualifications.
– Traders dealing in logistics services must have a staff of qualified staff. Staff must be properly trained; have the right specialty, the right field; Ability to perform tasks in the logistics service chain as assigned.
– For some service areas requiring professional responsibility; employees participating in service provision must have practice certificates granted by competent state agencies.
Cases of liability exemption for traders providing logistics services
Traders dealing in logistics services are not at fault for goods loss
– Loss due to customer’s fault; or by a person authorized by the customer. In case of loss of goods due to the fault of the customer; Customer error here may be due to incomplete product information; slow delivery; delay in receiving goods…Logistics traders have fully fulfilled their compensation responsibilities but do not limit losses, so they are not responsible for compensation.
– Loss incurred by traders providing logistics services according to the instructions of customers; or by a person authorized by the customer. The customer or the person authorized by the customer may give specific instructions; For the performance of services, the trader providing logistics services is responsible for fully complying with the instructions of the customer, etc.
– Damage caused by defects of the goods. This is the case of defective goods; This defect causes losses in the process of performing the service, the logistics service trader does not have to compensate the customer for damage in this case because there is no sign of error.
Traders providing logistics services violate contracts for objective reasons
– Loss arising from force majeure events. Force majeure events may be natural disasters; storms, floods, enemy sabotage…. but logistics service traders have used all measures but could not protect goods; limit losses.
– Moreover, loss arises in cases where liability is exempted as prescribed by law; and transportation practices. Besides, transport customs may be national, or international transport practices specified in the Incoterms editions.
– Traders providing logistics services have not received effective notice of complaints or lawsuits.
– Traders providing logistics services are exempt from liability for loss of goods in cases where logistics traders do not receive notice of complaints within 40 days; from the date on which the trader in the logistics business delivers the goods to the recipient.
– After being complained, the trader providing logistics services does not receive notice of being sued at arbitration; or court for 9 months from the date of delivery.
– This regulation is to ensure the interests of traders providing logistics services; The trader only guarantees about the goods during the performance of the service.
– After delivery; The recipient is responsible for checking the quality of the goods and must immediately complain if the goods are found to be defective, possibly caused by the service performance of the trader providing logistics services. If not detected immediately; the defect of the goods is the fault of the manufacturer; Logistics service traders are not responsible for these errors.
Related article:
Conditions for foreign investors providing logistics services
Responsibilities of traders providing logistics services
Frequently asked questions
According to regulations, goods purchase and sale entrustment is a commercial activity whereby the entrusting party performs the purchase and sale of goods in his/her name under the conditions agreed upon with the entrusting party and receives remuneration. entrustment.
According to the provisions of Clause 1, Article 239 of the 2005 Commercial Law; A trader providing logistics services has the right to hold a certain quantity of goods and documents related to such quantity of goods to collect the due debt of a customer, but must immediately notify such in writing to the customer.
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