Use the NCBFAA Terms & Conditions Because They Work!

      In a decision issued January 8, a state court in Missouri upheld the limitation of liability contained in a forwarder's terms and conditions printed on the back of invoices sent to a client. The forwarder had handled 11 shipments for the client and in each instance, the client received the forwarder's terms & conditions without objection. The court, citing several similar cases as precedent, found that the limitation of liability in paragraph 9 (in this case, $50) was not unconscionable and was enforceable against both parties notwithstanding the forwarder's alleged negligence in this matter. Moral of the story: make sure that you include a limitation of liability in your terms and conditions of service and that you provide your clients with this information on a regular basis!