GB/T 28835-2012International logistics legal liability insurance - Basic elements of international freight forwarding legal liability insurance (English PDF)
国际物流责任保险 国际货运代理人责任险基本要素
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Issued by
General Administration of Quality Supervision, Inspection and Quarantine; Standardization Administration of the PRC
Level / Type
National · Recommended
Issue date
November 5, 2012
Implementation date
December 1, 2012
Scope
GB/T 28835-2012 is the English-translated version of 国际物流责任保险 国际货运代理人责任险基本要素.
China's national standard for the basic elements of international freight forwarding legal liability insurance. It specifies the elements of the policy that covers the liability a freight forwarder incurs acting as a forwarder - the insured, the scope of cover, the liabilities covered and excluded, the limits, the deductibles, the period and the claims arrangements. This is the companion to the bill of lading liability standard, and the distinction between the two is the distinction between two different businesses carried on by the same company. When a forwarder issues its own transport document it has contracted as a carrier, and the liability that follows is a carrier's liability for the goods. When it acts as a forwarder it has contracted to arrange carriage, and its liability is for its own failures in doing so: booking the wrong vessel, mis-declaring dangerous goods, failing to give a notice, choosing a carrier negligently, losing documents, giving wrong advice on customs or on packing, or delivering against the wrong instructions. Those are professional liabilities rather than cargo liabilities, and they behave differently. The amounts are unpredictable, because the loss is the consequence of an error rather than the value of a container; a single missed declaration can strand a shipment or attract a customs penalty far larger than the freight. The claims are frequently about pure economic loss with no damaged goods at all. And the defence costs are a large part of the exposure. So a policy for this liability is constructed differently from a cargo one, and setting out its basic elements nationally lets a shipper, an insurer and a forwarder describe the same cover in the same terms. Issued on 5 November 2012 and in force since 1 December 2012.
Document preview — GB/T 28835-2012
National Standard of the People's Republic of China
- ICS
- 03.060
- Classification
- A 11
Issued by: General Administration of Quality Supervision, Inspection and Quarantine; Standardization Administration of the PRC
Contents
- 1 Scope
- 2 Normative references
- 3 Terms and Definitions
Foreword
This standard was drafted in accordance with GB/T 1.1-2009 given rules. The standard proposed by the People's Republic of China Ministry of Commerce. This standard by the National Standardization Technical Committee of the International Freight Forwarders (SAC/TC489) centralized. This standard was drafted. Hangzhou double-Logistics Ltd., Fujian GR International Freight Forwarders Ltd., Xiamen Branch, Shenzhen City Co aspect of international freight forwarding company, New Era Insurance Brokers Limited, the Chinese People's Property Insurance Co., Ltd., China Ping An Property Insurance Co., Ltd., China Pacific Property Insurance Co., Ltd., Huatai Property Insurance Co., Ltd., Chongqing AP International Logistics (set Group) Co., Ltd., Chongqing International Freight Forwarders Association, Jincheng Logistics (Group) Co., Ltd., China Steel International Freight Co. Ltd., China Sinotrans CSC Holdings Ltd., China Shipping (Group) Corporation, Inner Mongolia Ankuai Logistics Group. The main drafters of this standard. Yang, Lily Li, Lin Zhong, Wang Yuling, Wang Yong, Feng Jianping, Ren Zhongwei, King Hund, Zhang Haifeng, Chen Zhiyong. International Logistics international freight forwarders liability insurance The basic elements of liability insurance
1 Scope
China's national standard for the basic elements of international freight forwarding legal liability insurance. It specifies the elements of the policy that covers the liability a freight forwarder incurs acting as a forwarder - the insured, the scope of cover, the liabilities covered and excluded, the limits, the deductibles, the period and the claims arrangements. This is the companion to the bill of lading liability standard, and the distinction between the two is the distinction between two different businesses carried on by the same company. When a forwarder issues its own transport document it has contracted as a carrier, and the liability that follows is a carrier's liability for the goods. When it acts as a forwarder it has contracted to arrange carriage, and its liability is for its own failures in doing so: booking the wrong vessel, mis-declaring dangerous goods, failing to give a notice, choosing a carrier negligently, losing documents, giving wrong advice on customs or on packing, or delivering against the wrong instructions. Those are professional liabilities rather than cargo liabilities, and they behave differently. The amounts are unpredictable, because the loss is the consequence of an error rather than the value of a container; a single missed declaration can strand a shipment or attract a customs penalty far larger than the freight. The claims are frequently about pure economic loss with no damaged goods at all. And the defence costs are a large part of the exposure. So a policy for this liability is constructed differently from a cargo one, and setting out its basic elements nationally lets a shipper, an insurer and a forwarder describe the same cover in the same terms. Issued on 5 November 2012 and in force since 1 December 2012.
This standard specifies the responsibility of the insurance liability insurance in International Logistics international freight forwarders liability insurance, exclusions, limits of liability and Free Compensation amount, insurance period, insurance, the insured and the insured obligations, compensation and dispute settlement and other matters. This standard applies to operate more as an agent, international freight transport agents not to issue documents of small and medium enterprises in the domestic freight logistics States International Logistics liability insurance in the international freight forwarders liability insurance coverage.
2 Normative references
The following documents for the application of this document is essential. For dated references, only the dated version suitable for use herein Member. For undated references, the latest edition (including any amendments) applies to this document.
GB/T 28833 International Logistics liability insurance coverage, claims rules Domestic waterway cargo transportation rules (People's Republic of China Ministry of Transportation, 2000 No. 9) Automobile cargo transportation rules (People's Republic of China Ministry of Transportation 1999 No. 5) Railway cargo transportation rules (People's Republic of China Ministry of Railways, 2000 No. 90)
3 Terms and Definitions
The following terms and definitions apply to this document.
3.1 International Logistics liability insurance internationallogisticslegalliabilityinsurance With the loss the insured person in the business of international logistics and/or international freight forwarding business caused by the process, thus shall bear the economic compensation Compensation liability for the object of insurance.
3.2 Insurer insurer Enter into an insurance contract with the insured and undertake to pay indemnity or insurance liability insurance company. [JR/T 0031-2006, Definition 3.1]
3.3 Insured applicant Enter into an insurance contract with the insurer and the insurance contract is obligated to pay the premium obligations. [JR/T 0031-2006, the definition 6.1.2]
3.4 Insured insured People whose property or person subject to insurance contract and enjoy the right to insurance claims, the insured may be insured. [JR/T 0031-2006, the definition 6.1.5]
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This preview omits tables, figures, formulas and parts of the technical clauses. The complete document — 34 pages — is available in the English PDF.
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