Freight Forwarding Agreement Review Tool: Agent vs Principal Flags on File
A forwarder MSA or STC pack arrives as PDF or DOCX. The same file returns flags on agent versus principal, liability caps and surcharge schedules.
A forwarder MSA or STC pack arrives as PDF or DOCX. You cannot see, on that file, which sentence calls the forwarder an agent, which sentence calls the forwarder a principal, which sentence sets the liability cap that follows that role, and which sentence adds a surcharge or other extra charge. Checkory is a freight forwarding agreement review tool for that pack. Upload it and the same file comes back with those sentences marked, plus a short explanation and an England and Wales pointer.
A role, a cap or a surcharge that stays unmarked is the loss. Take a clash to a solicitor with the marked file. The pass does not rule which role the law will fix, and it does not rewrite the forwarder contract. Storage paper, a fulfilment pack, and title and risk on goods already sold are other documents.
Freight forwarding agreement review tool
Forwarder MSA or STC pack in one upload
Confirm the file is a freight-forwarding master agreement or standard trading conditions: a sentence on role, a liability cap, cargo insurance, or a surcharge schedule. BIFA Standard Trading Conditions, 2025 Edition, are association text, not a number for a file that states something else. Storage paper and a fulfilment pack are not this upload.
The same file comes back with flags
You upload a PDF or DOCX. The marks stay on that file: the agent sentence, the principal sentence, the cap and the surcharge, with a short explanation and statute links where a provision of England and Wales may apply. The useful object is the annotated forwarder file. Start at document analysis.
Agent versus principal on the forwarder file
One sentence may procure carriage as agent. Another may undertake the carriage, issue the forwarder's own transport document, or charge an all-in sum. BIFA 2025 clause 4, subject to clauses 11 and 12, allows either. As principal the company may perform the services or subcontract on any terms. The 2025 text asks for evidence of an agency contract on request. A 14-day deeming sentence is only the 2021 England edition, clause 6(B), and only when the file names 2021. A vendor consent walk stays on the live article dated 28 September 2026. In Royal & Sun Alliance Insurance Plc v MK Digital FZE [2006] EWCA Civ 629 the Court of Appeal allowed the appeal: no good arguable case for a CMR contract as distinct from a commissionnaire de transport. The Aqualon factors are the words used, any role description, the course of dealing, how the charge is built, and any CMR note. Do not decide the role or invent a CMR figure. This comparison does not open the warehouse card.
Agent arranges the carriage
Pros
- ✓BIFA 2025 clause 4 lets the company procure services as agent, subject to clauses 11 and 12. Arranging insurance stays agency.
- ✓FIATA Model Rules (October 2019), article 6: except as principal, liability is due diligence, and there is no liability for carriers unless selection, instruction or supervision failed.
Cons
- ✗Agent only does not decide the role. A house transport document or an all-in charge you cannot reconcile with that label goes to a solicitor with the marked file. Do not import the 2021 14-day deeming sentence.
Principal takes the carriage on
Pros
- ✓As principal, BIFA 2025 clause 4 allows performance or subcontracting on any terms. FIATA article 7.1 adds liability for the forwarder's own transport document.
- ✓Article 7.3: the forwarder answers for engaged third parties as for its own acts. Article 20 and BIFA clause 2(B): mandatory law prevails. Do not invent the convention figure.
Cons
- ✗Article 7.1 excepts another person's transport document if the customer does not, in a reasonable time, maintain that the forwarder is carrier. The Aqualon factors are not a verdict on this file.
Role, liability, insurance and surcharges on the marked forwarder file.
| Row on the file | Association text, where the file uses it | What you do with the mark |
|---|---|---|
| Role | The agent sentence and the principal sentence, including a house transport document and how the charge is built. BIFA 2025 clause 4 allows either role. FIATA articles 6 and 7 split due diligence from carrier liability. | Flag both. A clash with agent only goes to a solicitor. Do not decide the role. |
| Liability | The cap written on the file. Unamended BIFA 2025 clause 26(A) uses the lesser of value and 2 SDR per kilo, and for other claims the lesser of the customer's loss, 2 SDR per kilo, and 75,000 SDR. Those figures are that text. FIATA article 8.3.3 leaves other loss blank. | Flag the file's number. Do not paste the SDR figures into a silent draft or call the file below an industry norm or below CMR. |
| Insurance | Cargo cover, distinct from the forwarder's liability policy. BIFA 2025 clause 11 and FIATA article 3 require written instructions that were accepted. Arranging that cover is as agent. The note of 6 March 2026 says goods are not insured automatically. | Flag the insurance sentence. If none exists, the assumption is unsupported. A cap is not cargo cover. |
| Surcharges | A schedule, a pass-through, detention, or a cancellation fee. BIFA 2025 states no fuel percentage. Clause 20(A) indemnifies quay rent, demurrage, duties and taxes. Clause 26(D) raises liability only if extra charges are agreed. | Flag the sentence on the file. Do not invent a rate. The lien in clause 8 stays off this table. |
Upload freight forwarding agreement
Drop the forwarder MSA or STC pack
Confirm a sentence on role, a liability cap, cargo insurance, or a surcharge schedule, then upload the file you were sent. A blank form and a field extract are different results.
Read flags on that same file
Walk the agent sentence, the principal sentence, and the cap or surcharge that follows. Open the statute pointer on a business standard-term cap. Do not treat the pass as a ruling on reasonableness.
Analyse a contract
The label is Analyse a contract. Name which agent sentence, which principal sentence, and which cap or surcharge you will take to a solicitor with the marked file.
A field extract is not this upload
A catalogue of regimes and a risk summary, or a JSON or CSV of fields, is not the marked file. You keep the forwarder pack you uploaded.
STC annex gap on the uploaded pack
If standard trading conditions sit only in an annex that is not in the pack, or the annex contradicts the body, flag the naming sentence and the gap. FIATA articles 1.1 and 1.2 apply the Model Rules when incorporated, except terms that increase the forwarder's responsibility. BIFA 2025 clause 2(A) applies the conditions only where they are in the contract. The note of 6 March 2026 says the levers exist where the STC are incorporated. Transformers & Rectifiers Ltd v Needs Ltd [2015] EWHC 269 (TCC) requires reasonable notice. Do not treat a footer as the annex. Do not fill a missing annex with clause 26 or FIATA article 8. The cap wording comes from the uploaded draft.
What if the quote already says agent only
The quote may already say the forwarder is only an agent, that the standard trading conditions always apply, and that the cargo is already insured. Mark the sentences anyway. A label does not replace an agent sentence beside a principal sentence, a house transport document, or an all-in charge. Named conditions that are not in the pack are the annex gap. Clause 11 and FIATA article 3 still need written instructions that were accepted. Where the file does not carry the assumption, it goes to a solicitor. Transformers & Rectifiers Ltd v Needs Ltd [2015] EWHC 269 (TCC) requires a consistent course of dealing and reasonable notice. Do not decide incorporation here. If body and annex disagree, mark both sentences.
See the marks on the forwarder file
Analyse a contractHow the cap on the file is read
If the file uses its own number, the mark sits on that number. The association text, not a Checkory rate, is BIFA 2025 clause 26(A): loss or damage is the lesser of value and 2 SDR per kilo of gross weight; other claims are the lesser of the customer's loss, 2 SDR per kilo, and 75,000 SDR, including a yearly ceiling of 75,000 SDR for a repeated series. Say those figures only as that 2025 text. The 2021 edition uses the same amounts with different sub-clauses. Do not mix the editions or paste either pair into a silent draft.
Clause 26(B) limits a guaranteed delay under clause 25 to twice the charges for that carriage. Clause 26(C) excludes loss of profit and other consequential loss. A general walk of that wording sits on the live article dated 24 September 2026. Flag the forwarder sentence. Do not swap the papers. Clause 26(D) raises the limit only when written instructions are accepted and extra charges are agreed. A value declaration alone never does that.
FIATA article 8.3.1 states 2 SDR per kilogram for loss or damage unless a larger sum is recovered from someone the forwarder answers for. Ninety consecutive days may let the claimant treat the goods as lost. Article 8.3.3 leaves any other loss blank. Do not fill it, and do not call 2 SDR a CMR limit or an industry norm.
Clause 23 requires reasonable care, diligence, skill and judgment. Supply of Goods and Services Act 1982, section 13, implies that care where the supplier acts in the course of a business. Unfair Contract Terms Act 1977, section 2, bars excluding death or personal injury from negligence. Other negligence loss stands only so far as the term is reasonable. Section 3 says the same for breach on the other party's written standard terms. Section 11 looks at what was fair when the contract was made and, for a specified sum, at resources and insurance. Do not decide that 2 SDR per kilo or 75,000 SDR is reasonable.
Clause 27 of the 2025 text includes 14 days and nine months. It is not a storage claims row. Do not fill a silent draft with those periods before you sign. Granville Oil & Chemicals Ltd v Davis Turner & Co Ltd [2003] EWCA Civ 570 upheld a nine-month suit limit in the 1989 conditions on that commercial contract. That is not a ruling on the 2025 text or on clause 26. Clause 28(A) chooses English law.
How a surcharge schedule is read on the file
BIFA 2025 states no fuel percentage. The note of 22 January 2024, written on the 2021 edition, says a carrier surcharge is recoverable only if the customer contract allows it. Do not carry that note's view of an unamended 2021 contract onto a 2025 file. The note of 6 March 2026 says the 2025 text can recover a cancellation fee only where the STC are incorporated. Flag the sentence on the file. Do not invent the fee.
“No insurance of the Goods will be arranged by the Company unless clearly stated instructions are given in writing by the Customer and accepted by the Company. BIFA Standard Trading Conditions, 2025 Edition, clause 11. FIATA article 3 is the same gate. The note of 6 March 2026 treats cargo insurance and a liability policy as two covers.”
Freight forwarder contract review tool
A freight forwarder contract review tool, here, is the master agreement or STC pack you uploaded. Marks stay on role, liability, insurance and surcharges. Contracko and IntelAgree, in the 5 October 2026 search, described a book of contracts instead. This page flags the one file.
Logistics forwarding agreement review tool
A logistics forwarding agreement review tool, here, is still the forwarder file. goHeather, named on 5 October 2026, quotes fulfilment and warehouse clauses and offers a Word redline. Those quotes are not these flags.
The storage contract stays on the warehouse page
Warehouse or depositor terms are another card, still being written, and not linked here. Released value, claims windows and liens stay off this table. Frans Maas (UK) Ltd v Samsung Electronics (UK) Ltd [2004] EWHC 1502 (Comm) held that bailment to be transit, not true storage, so forwarding terms applied. Use that only to keep a warehouse draft off this page. Do not paste the quantum.
The fulfilment pack stays on another page
A logistics master agreement with a statement of work and a rate card is a backlog card, not written here and not linked here. Storage fees, fulfilment rates and wind-down are not these flags. Leave that pack on its own card.
Title and risk on sold goods stays on the blog
Title and risk on goods already sold is a how-to. The live article is dated 28 September 2026. Do not move that family onto this forwarder file.
A commercial supply tool stays on its page
A sale of goods, with specification, delivery, acceptance and warranty, is the published tool dated 4 October 2026: supply of goods agreement review. Do not expect agent-versus-principal marks on that paper.
A statement of work tool stays on its page
Scope and rates for a services engagement are the published tool dated 12 September 2026: statement of work review. A fulfilment statement of work is not this forwarder pack.
A catalogue extract is not the marked file
Contracko, read on 5 October 2026, returned an extract of regime, fees and surcharges, plus a risk summary. This page does not score a draft against an industry norm. The marks stay on the pack you uploaded.
A JSON extract is not the marked file
On 5 October 2026 Contracko also offered those fields as JSON or CSV. This pass does not hand back a data file. Role, liability, insurance and surcharges stay on the one pack.
A negotiation pack is not the marked file
Legal Prompts, named on 5 October 2026, offered a heatmap, a comment log and negotiation positions. You do not get a rewritten sentence. A solicitor gets the clash with the marked file.
A Word redline is not this upload
goHeather, named on 5 October 2026, quotes fulfilment and warehouse paper, then redlines in Word and offers e-sign. This pass does not send a Word file.
A portfolio tracker is not this upload
Contracko and IntelAgree, on 5 October 2026, described reminders across a book of contracts. Lifecycle software tracks many files. This page reads one forwarder file.
A 3PL upload tool is a different document
Contracko, on 5 October 2026, also offered a separate upload for fulfilment paper: storage fees, fulfilment rates and exit. That field list stays on that document. Do not copy it here.
A blank forwarding form is not this upload
Practical Law, DocHub and ContractMaker, on 5 October 2026, offered a form, a fill-and-sign step, or a generated template. A blank is not the pack you were sent.
Chat, Word add-on and lifecycle software
A chat answer is not the marked file. A Word add-on is not this upload. Lifecycle software tracks a portfolio. This page returns flags on the forwarder contract you uploaded.
What you can name before the file goes to a solicitor
You can name which agent sentence, which principal sentence, and which cap or surcharge goes to a solicitor with the marked file. You do not treat the pass as a ruling on which role the law will fix, or as a rewrite of the forwarder contract. The same handoff covers a house transport document beside the word agent, a cap you cannot reconcile with the goods, a value declaration that does not lift the cap, a missing cargo-insurance instruction, a surcharge the quote does not carry, and a missing STC annex. This page does not decide whether mandatory law overrides the printed cap. The pass does not replace a solicitor.
FAQ
What comes back after I upload a forwarder MSA or STC pack?
The PDF or DOCX you uploaded, with the agent sentence, the principal sentence, the liability cap and the surcharge marked, plus a short explanation and an England and Wales pointer where a provision may relate. The table on the marked file has four rows: role, liability, insurance and surcharges. You do not get a field extract, a JSON file, or a rewritten forwarder contract.
Do 2 SDR per kilo and 75,000 SDR belong on every forwarding draft?
No. Those figures are British International Freight Association Standard Trading Conditions, 2025 Edition, clause 26(A): for loss or damage, the lesser of the value of the goods and 2 SDR per kilo of gross weight, and for other claims the lesser of the customer's loss, 2 SDR per kilo, and 75,000 SDR. FIATA Model Rules (October 2019), article 8.3.1, states 2 SDR per kilogram for loss of or damage to the goods. Article 8.3.3 leaves the other-loss amount blank. If the uploaded file states other numbers, the mark sits on the file. Do not paste the association figures into a silent draft, and do not treat them as a CMR limit.
What if the quote says the forwarder is only an agent and the cargo is insured?
Mark the sentences on the file anyway. A quote label does not replace an agent sentence sitting next to a principal sentence, a house transport document, or an all-in charge. Cargo insurance under BIFA 2025 clause 11 and FIATA article 3 needs written instructions that were accepted. The BIFA note of 6 March 2026 says goods are not automatically insured. Where the file does not support the assumption, take the marked file to a solicitor.
When does a missing STC annex matter?
When the body names standard trading conditions and the annex is not in the pack, or the annex contradicts the body on role, cap, insurance or surcharge. FIATA articles 1.1 and 1.2 and BIFA 2025 clause 2(A) turn on incorporation. Transformers & Rectifiers Ltd v Needs Ltd [2015] EWHC 269 (TCC) requires reasonable notice. The pass does not decide that a footer brought the annex in, and it does not supply the missing conditions. The cap wording comes from the uploaded draft.
Is storage paper or a fulfilment pack the same upload?
No. Storage paper, with released value, claims windows and liens, is a different card. It is being written elsewhere and is not linked from this page. A fulfilment master agreement with a statement of work and a rate card is a different card and is not written here. Title and risk on goods already sold stay on the live article of 28 September 2026. A commercial supply file has its own published tool, dated 4 October 2026, and a statement of work has its own published tool, dated 12 September 2026.
Who should see a role clash or a cap I cannot reconcile with the goods?
A solicitor, with the marked file. The same handoff fits a value declaration that does not lift the cap, a cargo-insurance assumption the file does not support, a surcharge or cancellation fee the quote does not carry, a missing or conflicting annex, and any question whether compulsorily applicable legislation overrides the printed cap. The pass does not rule which role the law will fix and does not replace a solicitor.
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