Incorporation of Standard Trading Conditions A Timely Reminder
Ofir Scheps v Fine Art Logistics Limited [2007] EWHC 541 (QB); Cover Version Limited v DHL Logistics (UK) Limited [2007] EWHC 562 (Comm).
Most transport industry participants possess standard trading conditions (STC) which seek to limit or exclude liability in certain circumstances. However, unless incorporated into the contract of carriage, STC will be of no effect and you may be exposed to significantly greater liability and damages. In the first case above, the failure by Fine Art Logistics to incorporate its STC resulted in an award of damages 349,420 greater than if the STC had been incorporated. In the second case above, DHL logistics was able to avoid a potential 730,000 liability after successfully incorporating its STC.
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