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The Handbook of Logistics Contracts

A Practical Guide to a Growing Field

By: J. JanÃ©, A. de Ochoa, Alfonso de Ochoa

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Hardcover | 27 April 2006 | Edition Number 1

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Hardcover
260 Pages

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22.23 x 13.97 x 1.91

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Foreword Preface Acknowledgements PART ONE: OUTSOURCING CONTRACTS: OUTSOURCING OF LOGISTICS SERVICES Introduction Outsourcing Contracts Logistics Contracts PART TWO: CONTRACT TO PROVIDE LOGISTICS SERVICES: A GENERAL OVERVIEW Introduction Preliminary Acts to Concluding the Contract: The Letter of Intent General Premises of the Contract to Provide Logistics Services Content of the Contract to Provide Logistics Services PART THREE: CONTRACT TO PROVIDE LOGISTICS SERVICES: CARRIAGE OF GOODS Introduction Carriage of Goods by Road Carriage of Goods by Sea Carriage of Goods by Rail Carriage of Goods by Air Multimodal Transport PART FOUR: CONTRACT TO PROVIDE LOGISTICS SERVICES: WAREHOUSING AND RESOURCES Introduction Warehousing Personnel Insurance Appendix 1: Proposed Model of Letter of Intent Appendix 2: Proposed Model Contract Appendix 3: Tables of Carriage of Goods Appendix 4: Analysis of the Logistics Contracts Structure Notes Bibliography Index

Industry Reviews

'...covers in full detail all the aspects that should be addressed by any logistics contract. In fact, I am convinced that this book will help many of its readers to consider issues that might otherwise have been forgotten. Years of experience designing, negotiating and drafting logistics contracts are condensed in this fine piece of work that will soon become a reference for all European Logistics Directors.' - Federico Sabria, Professor, IESE Business School, University of Navarra, Spain

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Published: 27th April 2006

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Foreword	p. xv
Preface	p. xvii
Acknowledgements	p. xviii
Outsourcing Contracts: Outsourcing of Logistics Services	p. 1
Introduction	p. 1
Outsourcing contracts	p. 2
The definition, history and development of outsourcing	p. 2
Outsourcing terminology	p. 2
A historical view of outsourcing	p. 3
Trends in outsourcing	p. 4
Core competencies	p. 5
Benefits and costs of outsourcing	p. 6
Controlling the risks of outsourcing contracts	p. 8
The legal nature of outsourcing contracts	p. 8
Logistics contracts	p. 11
The definition and development of logistics	p. 11
The legal nature of logistics contracts	p. 13
Third-party logistics outsourcing	p. 15
Developments and future perspectives	p. 17
The legal framework of logistics contracts	p. 21
General requirements for developing the activity	p. 21
Contract to Provide Logistics Services: a General Overview	p. 27
Introduction	p. 27
Preliminary acts to concluding the contract: the letter of intent	p. 28
General premises of the contract to provide logistic services	p. 29
Content of the contract to provide logistics services	p. 30
Scope of the contract	p. 30
The logistics platform	p. 31
Exclusivity	p. 32
Obligations of the 3PL provider: the services undertaken	p. 33
Services and requirements	p. 33
Service level agreements	p. 35
Obligations of the customer: paying the price	p. 37
Fixed remuneration system	p. 37
Transactional pricing or unit pricing	p. 37
Activity-based costing	p. 38
Variable remuneration system	p. 38
Cost-plus pricing	p. 38
Gain sharing	p. 39
Payment	p. 40
Non-performance of the obligation to pay	p. 40
Other obligations of the customer	p. 41
Liability	p. 42
Force majeure	p. 45
Insurance	p. 47
Confidentiality	p. 48
Inspection and monitoring	p. 49
Ownership of the merchandise	p. 50
Assignment and subcontracting	p. 50
Personnel	p. 51
Duration and termination	p. 51
Duration	p. 51
Termination	p. 52
Causes of termination	p. 52
Consequences of termination	p. 52
Specific consequences in logistics contracts	p. 53
Data protection and intellectual property	p. 56
Data protection	p. 56
Intellectual property	p. 56
Dispute resolution and governing law	p. 57
Dispute resolution	p. 57
Governing law	p. 59
Rights of relevant transactions	p. 59
Contract to Provide Logistics Services: Carriage of Goods	p. 61
Introduction	p. 61
Carriage of goods by road	p. 62
Introduction: definition and legal regime	p. 62
Scope of application	p. 62
Contractual documentation	p. 63
Liability of the transport company	p. 67
General principle	p. 67
Exoneration from liability	p. 67
Claims and actions	p. 70
Study of the different actions	p. 70
Term to exercise actions	p. 70
Jurisdiction	p. 71
Carriage of goods by sea	p. 72
Legal regulations	p. 72
Determination of the applicable law: scope of application	p. 73
Scope of application	p. 74
International competence	p. 75
Personal and material elements of the contract	p. 76
Personal elements	p. 76
The bill of lading	p. 77
Documents similar to the bill of lading	p. 80
Obligations of the parties	p. 82
Obligations of the forwarder, or the recipient	p. 82
Obligations of the carrier	p. 83
Carrier's obligations prior to the commencement of the trip	p. 84
Carrier's obligations during the voyage	p. 85
Obligations of the carrier once the voyage has been completed	p. 86
Carrier's liability regime	p. 86
Nature of the liability regime established in The Hague-Visby rules	p. 86
Scope of this liability	p. 88
Reporting of the damage and deadline for the exercising of a claim for liability	p. 90
Causes of exoneration from liability	p. 92
Quantitative limitation of the compensatory debt	p. 94
Carriage of goods by rail	p. 96
Introduction	p. 96
Object and scope of the Convention	p. 97
Scope of application	p. 97
Objects accepted on condition or excluded from the carriage	p. 97
Transportation obligation of the railway	p. 98
Tariffs	p. 99
Special conditions concerning certain types of carriage	p. 99
The contract of transport	p. 99
Form and terms of the contract	p. 99
Fulfilling the terms of contract	p. 106
Modification of the contract	p. 109
Conclusion of the contract of transport	p. 112
Liability and actions	p. 113
Collective liability of the railways	p. 113
Presumption in the case of reshipping	p. 114
Presumption of loss of the merchandise	p. 114
Amount of compensation in the case of loss of merchandise	p. 114
Railway liability in the case of shrinkage	p. 114
Amount of compensation in the case of breakage of the merchandise	p. 115
Amount of compensation in the case of a delay in delivery and an accumulation of sums of compensation	p. 115
Liability in sea-railway traffic	p. 116
Liability in the case of a nuclear accident	p. 117
Exercising of the rights	p. 117
Verification of partial loss or breakage	p. 117
Claims, legal actions: procedure and prescription	p. 117
The parties against which a legal claim can be brought	p. 118
Competence	p. 118
Extinguishing of the action against the railway	p. 118
Prescription	p. 119
Relations between railways	p. 120
Settlement of accounts between railways	p. 120
Remedy in the case of loss or breakage	p. 121
Carriage of goods by air	p. 121
Introduction	p. 121
The Warsaw Convention	p. 122
The Montreal Convention	p. 123
Legal status	p. 123
Scope of application	p. 123
Policy goals	p. 124
Major rules	p. 124
Intermodal reality	p. 125
Comparative fault concept to be universal	p. 126
The duty to provide evidence	p. 126
Wilful misconduct	p. 127
Uniform damage limits	p. 128
Calculation of the liability limits	p. 129
Exceptions to carrier liability	p. 129
The written notice of claim requirements has not changed	p. 130
Documentation	p. 130
Legal technicalities are dismissed - the waybill checklist	p. 130
Jurisdiction	p. 133
Actual carrier which is not party to the waybill	p. 133
Countries' reservation	p. 133
Shippers' liability	p. 133
Conclusion	p. 133
Multimodal transport	p. 134
Definition and legal regime	p. 134
United Nations Convention on International Multimodal Transport of Goods 1980	p. 138
Legal status	p. 138
Scope of application	p. 138
Documentation	p. 138
Liability	p. 138
Time limit	p. 139
Jurisdiction	p. 139
Arbitration	p. 140
UNCTAD/ICC Rules for multimodal transport documents	p. 140
Legal status	p. 140
Scope of application	p. 140
Documentation	p. 140
Liability	p. 141
Time limit	p. 143
Jurisdiction and arbitration	p. 143
Contract to Provide Logistics Services: Warehousing and Resources	p. 144
Introduction	p. 144
Warehousing	p. 145
Obligations of the warehouse owner	p. 145
The obligation of warehousing	p. 145
The obligation to maintain the establishment in the condition it was in prior to delivery	p. 145
The duty of supervision	p. 146
The obligation of preservation	p. 147
Liabilities	p. 149
Personnel	p. 151
Introduction	p. 151
Legal framework	p. 151
Scope of the Directive	p. 152
Application of the Directive	p. 152
The definition of an 'employee'	p. 155
The employer's position in a transfer	p. 156
The employee's position in a transfer	p. 157
The right and obligation of consultation and information	p. 158
Liabilities transferred in undertaking deals under the Directive	p. 160
Transfer of undertakings under suspension of payments and bankruptcy	p. 161
Outsourcing and TUPE: the Suzen case	p. 162
The implication of the ruling for labour-intensive outsourcing contracts	p. 163
The implication of the ruling for asset-reliant outsourcing contracts	p. 164
Service outsourcing contracts	p. 166
Temporary employment agencies	p. 166
Introduction	p. 166
Definitions of temporary employment agency and temporary worker	p. 168
The definition of a temporary employment agency	p. 168
The definition of a temporary worker	p. 168
Temporary employment in some EU countries	p. 169
United Kingdom	p. 169
Spain	p. 170
Insurance	p. 173
Insurance classes and applicable legislation	p. 173
The concept and legal nature of the insurance contract	p. 174
Elements of insurance contracts	p. 175
Personal elements	p. 175
Pecuniary elements	p. 176
Financial elements	p. 177
The policy	p. 177
Other documents	p. 178
Causal element: risk	p. 178
Content of the contract	p. 180
The obligations of the insured	p. 180
The duty to declare the risk	p. 180
Reporting the aggravation of the risk	p. 180
Payment of the premium	p. 180
Notification in the event of a claim and the duty of information	p. 181
The duty to minimise the consequences of a claim event	p. 181
Obligations of the insurer	p. 181
Insurance for damage	p. 182
Concept and classes	p. 182
Insurance of objects	p. 182
Fire insurance	p. 182
Theft insurance	p. 182
Transport insurance	p. 182
Proposed Model of Letter of Intent	p. 184
Proposed Model Contract	p. 186
Tables of Carriage of Goods	p. 202
Analysis of the Logistics Contracts Structure	p. 216
Notes	p. 217
Bibliography	p. 226
Index	p. 230
Table of Contents provided by Ingram. All Rights Reserved.

The Handbook of Logistics Contracts

A Practical Guide to a Growing Field

At a Glance

Hardcover

Industry Reviews

Shipping

How to return your order

Defective items

You Can Find This Book In

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Paperback

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