List of arguments as to why our customers should accept NSAB as a part of the contract NSAB is a contract where the clients are a party It is an important fact that NSAB is not an one sided conract developed by and for the freight forwarders. It is a contract where the transport buyers have Participated as an equal party. At the latest Revision that lead up to NSAB 2000, it was the Nordic Transport buyer organizations that demanded the negotiations. NSAB was then revised after a 1

thorough review of all incoming suggestions. All Nordic transport buyer organizations fully supported the new agreement. In Norway, Norwegian Shippers Council (TF) took part in the negotiations. Its members are – among others – NHO, Norsk Industri, HSH, Skogbrket and several other companies. This means that most Transport purchasers are parties to the contract, for instance Statoil, Norsk Hydro and more than other companies. 2

The parties premises were that NSAB was to be used as a standard agreement. The standard agreement relates to the right of Transportation. The agreement is specifically meant to cover the Relationship between a freight forwarder and a transport Purchaser. It relates to the conventions that cover Transportation and storage by road, sea, train and air. 3

The benefits for the buyers are listed below: The freight forwarder has a stricter professional responsibility The freight forwarders have the burden of proof to ensure that the contracts are satisfactorily fullfilled. The freight forwarders have the burden of proof that they are not bo blame in cases of damage to goods, loss and delay. 4

The transport purchasers can more easily get insurance and the total need for insurance is less expensive. The transport purchasers can more easily be granted credit. Claims for damages are easier with agreements limited by time. NSAB imposes greater obligations in respect of storage. 5

The standard agreement is adapted to insurance possibilities Only by using the standard agreement can one be sure that the freight forwarder through his insurance covers the need of the client. The insurances cover merely the claims in accordance with NSAB. If the goods for Transportation of storage are exceptionally valuable the insurance companies offer special insurances for Transport purchasers. It is almost impossible for freight Forwarders to get a similar coverage. 6

The customer’s standard agreement is most often not covering services. Most customer agreements attempted are agreements concerning the purchase of goods. This means that they are not suitable for the sale of our services. Even if they are service agreements, they impose upon the freight forwarders terms that cannot be insured and that do not comply with laws and conventions. In addition they will easier lead to claims and conflicts as they are one sided dictates. 7

The Supreme Court has stated in a verdict in Rettstidende 1994 page 626 that: NSAB contains a regulation of responsibility in a Standard agreement agreed upon through negotiations between organizations representing the freight forwarders and the transport purchasers. The Regulations thus are a result of balancing the conflicting Interests that apply, hereunder giving consideration to existing insurance possibilities and which party is best placed to take out insurance. 8

Not least is the consideration to predictability and clear and simple solutions very important in this matter. In the Supreme Court’s opinion it would be most unfortunate to dislocate the regulation of liability that on this point is implemented by the contract. 9