Let us first understand what an international freight forwarder is, that is, freight forwarding. International freight forwarding agency refers to the international freight forwarding organization accepting the import and export goods consignee, consignor's entrustment, in the name of the consigner or their own, for the client for international cargo transportation and related business, and receiving labor service remuneration economic activities.
            
        (一)以纯粹代理人的身份出现时的责任划分(1) Division of responsibilities when appearing as a pure agent
        The freight forwarding company acts as an agent and acts as a matchmaking between the shipper and the carrier. The shipper and the carrier directly sign the transportation contract. Freight companies charge commissions and have little responsibility. When the goods are lost or damaged, the owner can claim directly from the carrier.
(2) Division of responsibilities when appearing as a party
1. The freight forwarding company signs a contract with a third party (carrier) in its own name; 2. It uses its own warehouse or transportation tool when arranging for storage and transportation; 3. It charges the price difference when arranging transportation and consolidating containers. In these three cases, for the shipper, the freight forwarder acts as the carrier and should be the responsibility of the carrier.
(3) Division of responsibilities when appearing as non-vessel carrier
When a freight forwarder engages in a non-vessel shipping business and issues its own NVOCC bill of lading, it becomes a non-vessel shipping operator and is regarded as a legal carrier. He is a carrier and shipper.
(IV) Division of responsibilities when appearing as a multimodal transport operator
When a freight forwarder is responsible for multimodal transport and issuing bills of lading, it becomes a multimodal transport operator (MTO) and is regarded as a legal carrier.
1. The United Nations Convention on Multimodal Transport stipulates the liability of MTO for loss of goods or delayed delivery of goods.
(1) The maximum amount of compensation for loss of or damage to the goods shall not exceed 920 SDR per piece or per unit of transport, or 2.75 SDR per kilogram, whichever is higher. However, if international multimodal transport does not include maritime or inland water transport according to the contract, the liability of the MTO shall not exceed 8.33 SDR units per kilogram of the gross weight of the lost or damaged goods.
(2) For the delayed delivery of goods, a 90-day delivery period is specified. The MTO's compensation limit for delayed delivery is 2.5 times the freight for delayed delivery and cannot exceed the full shipping cost of the contract.
2. China’s Maritime Law stipulates the liability of MTO for loss of goods or delayed delivery
(1) For the loss of or damage to the goods: 666.67SDR per piece or per other transport unit, or 2SDR per kilogram based on the gross weight of the cargo lost or damaged, whichever is higher; (2) For delayed delivery, China’s Maritime Code provides that the delivery period of goods is 60 days, and the compensation limit for MTO's delay in delivery is the amount of freight for delayed delivery of the goods, but delays in the delivery of the carrier’s intentional or inaction do not enjoy this restriction.
(5) Division of responsibilities when appearing as "mixed"
The freight forwarders are engaged in a wide range of services. In addition to acting as a freight forwarder for customs declaration, inspection, and transportation arrangements, they also use their own employees to provide services through their own vehicles, ships, aircraft, warehouses and handling tools. Or the ground transportation phase is the carrier, and the ocean shipping phase is the agent. The confirmation of the legal status of freight forwarders cannot be simplified, but should be specifically analyzed based on specific circumstances.
(6) Division of responsibilities based on contract terms
In the standard trading conditions of different countries, the responsibilities of freight forwarders are often stipulated in detail. Usually, these standard trading conditions are combined in receipt certificates or similar documents issued by the freight forwarder to the shipper.