Forwarders should be heartened by the court’s robust defence of the BIFA Conditions and also by BIFA’s continuing commitment to updating these terms when necessary on a legal basis.
1. Clause 21(A) reads: “The Customer shall pay to the Company in cash, or as otherwise agreed, all sums when due, immediately and without reduction or deferment on account of any claim, counterclaim or set-off.” 2. Clause 27(B) reads: “…., the Company shall in any event be discharged of all liability whatsoever and howsoever arising in respect of any service provided for the Customer, or which the Company has undertaken to provide, unless suit be brought and written notice thereof given to the Company within nine months from the date of the event or occurrence alleged to give rise to a cause of action against the Company” 3. [1998] 1 Lloyd’s Rep 498 4. [2003] EWCA Civ 570
