Broadly, trading conditions, which either exclude and/or limit liability, can only be relied upon if sufficient notice has been given of their application prior to carriage. Such notice may also be required under the terms of insurance policies. It is, therefore, vital that an effective system to ensure the incorporation of trading conditions into the contract for carriage is adopted. Adoption of non-standard trading conditions or modified terms that may be imposed by a contracting party do require careful consideration. Unexpected liabilities or prejudice of insurance contracts can easily arise unless non-standard contract terms are properly considered and appropriate steps taken to protect interests and insurance obligations.

Unless a ‘back-to-back’ indemnity is correctly obtained from subcontractors, the full recovery of any incurred liability may not be available. An additional exposure to risk occurs if a subcontractor is in breach of insurance arrangements and financially unable to satisfy the claim. These risks can be reduced by correct analysis and monitoring. This may be achieved as part of a claims handling process or by our guidance for the installation of simple methods of verification.

The adequacy or otherwise of a contractor's insurance policy may often become a matter of concern before, as well as after, claims have arisen. Thanks to our considerable experience in the field, we often identify issues that others miss.

These agreements are a hazard to the uninformed. There is uncertainty in the minds of many as to what is ‘cash’ and concern over the ability of drivers and other staff to recognise the difference between various forms of payment. Many freight movers are unaware of the provisions under several forms of contract or conventions relating to COD. For example, under CMR conditions, a carrier is liable for the full invoice value of the goods if they have failed to comply with the COD instructions.

These constitute guarantees for customs and excise duties and VAT, so it is vital, particularly given their use with high value goods such as alcohol and cigarettes, to control the issue of such forms and the movement of the goods while ensuring an indemnity is available from the customer. In all such matters, our experience can save a great deal of money and inconvenience.

Inadequate or improperly completed transit documentation increases any exposure to claims. Many claims arise due to an incorrect understanding of the relevance of the various forms and documents utilised within the industry. We can support and guide clients on this complex issue.

Failure to adequately ‘vet’ new drivers may adversely affect the loss experience and good customer relationships. This can also breach insurance policy conditions and jeopardise valuable contracts. Our know-how can help clients avoid this pitfall.

Reviewing the data of a single company may not provide sufficient indicators to deliver the solutions sought. But given access to our much broader industry specific knowledge base - one built up in over 70 years of experience - enables risk managers to improve performance and minimise the risk of adverse developments or trends.

This subject has many facets, but the more obvious concerns are vehicle/site security, hijack avoidance, illegal immigrant prevention and the secure movement of high value cargo. From our experience, we can recommend industry standard procedures or employ - on a client's behalf - specialist experts to investigate ways in which security risks can be reduced.