Henrik Jantzen, Kromann Reumert, Denmark
A new version of General Conditions of the Nordic Association of Freight Forwarders (NSAB) is now agreed. The new NSAB 2015-conditions will replace the existing NSAB 2000-conditions with effect from 1st January 2016. NSAB 2015 is a result of negotiations between the Nordic Association of Freight Forwarders and relevant organisations from Denmark, Norway, Sweden and Finland representing shipper’s interest.
The NSAB is a set of standard terms and is considered an agreed document i.e. the content has been discussed, negotiated or drawn up by opposite interest groups. The first version of the NSAB came into force in 1919 and ever since a revision of the conditions has regularly been undertaken. The new 2015-version does not comprise big changes compared to the previous version. The main purpose of the revision was to update the existing NSAB 2000 to reflect the developments and changes in the forwarding business since the introduction 1st June 1998.
Most notable changes and specifications in the NSAB 2015 version are:
- A specific definition of when the freight forwarder acts as contracting party or as an intermediary.
- In the new version, the freight forwarder may not invoke any limitation- or exemption of liability clauses if it is proven that the freight forwarder himself or his own employees have wilfully or gross negligent, caused damage, delay or other loss.
- New limitation provisions when the freight forwarder is acting as contracting party.
- New and streamlined dispute resolution clause referring all disputes to the general courts in the freight forwarder’s general place of business.
TENDER 2015
Along with the NSAB 2015, a new Tender 2015 will come into force. Tender 2015 is a new set of additional conditions regulating the tendering process and as such not an integrated part of the NSAB 2015.