How to Write Disclaimer Clauses in a Forwarder’s Quotation

Overview

A forwarder’s quotation is not merely a price table. It is an important practical document that explains the scope of services, cost coverage, liability boundaries, additional charges, cargo insurance, quotation validity, force majeure, and the application of standard trading conditions in international transport.

If the disclaimer clauses in a quotation are insufficient, disputes may arise after an accident, delay, inspection, storage charge, or other additional cost. The shipper may argue that the cost was included in the quotation, that cargo insurance was included, or that the forwarder should be responsible because the shipment was delayed.

This article explains how forwarders should design disclaimer clauses and notes in quotations, connecting them with standard trading conditions, FCR, cargo insurance guidance, additional charges, force majeure and quotation validity. It is intended as a practical guide for managing quotation-related risk in forwarding business.

Disclaimer Clauses Are Not Merely an Attempt to Avoid Responsibility

Disclaimer clauses in quotations may sometimes be seen as wording used by forwarders to escape responsibility. In practice, however, their purpose is to prevent the forwarder from being forced to assume unlimited risks that were never included in the quoted service.

A forwarder may arrange transport, prepare documents, coordinate customs clearance, manage delivery and collection, and communicate with overseas agents. However, the forwarder does not automatically assume responsibility for every cargo accident, delay, additional cost, regulatory stop, or absence of cargo insurance.

For this reason, the quotation should clearly state what is included, what is not included, under what conditions the price may change, and which risks must be confirmed by the shipper. Disclaimer clauses protect the forwarder, but they also provide the shipper with clearer information for making a business decision.

Basic Items That Should Be Included in a Quotation

A quotation should not show only the price. It should clearly state the assumptions on which the quotation is based. In international transport, the cost may change depending on cargo description, quantity, weight, volume, route, shipping timing, port charges, local charges, exchange rates, surcharges and other factors.

At a minimum, the following items should normally be stated in the quotation:

• Quotation validity period.
• Target cargo, quantity, weight and volume.
• Route, transport mode, place of loading and place of discharge.
• Charges included in the quotation.
• Charges excluded from the quotation.
• Possibility of changes in ocean carrier, airline or local charges.
• Statement that space and schedule are not guaranteed.
• Whether cargo insurance is included or not.
• Shipper’s obligation to declare dangerous goods, special cargo or temperature-controlled cargo.
• Application of standard trading conditions.

If only the amount is shown without these assumptions, disputes are more likely to arise later over cost scope and liability scope.

Quotation Validity Clause

A quotation should always include a validity period. International transport costs fluctuate due to ocean freight, air freight, fuel surcharges, exchange rates, local charges, port charges, warehouse charges and trucking costs.

If a quotation has no validity period, the shipper may later argue that an old quotation should still apply. This is especially risky for shipments crossing a month-end, peak season shipments, space shortage periods, air cargo, dangerous goods and reefer cargo.

A sample clause is:

“This quotation shall be valid for [●] days from the date of issue. Any order placed after the expiry of the validity period shall be subject to reconfirmation of costs, space, schedule, local charges and other conditions, and may require a revised quotation.”

If the shipper places an order after the previous quotation has expired, the forwarder should reply that the current conditions will be reconfirmed. This creates a record that the old quotation is not automatically valid.

Scope of Quotation and Excluded Charges

The quotation should separate included charges from excluded charges. In international transport, charges other than ocean freight or air freight may arise, such as CFS Charge, D/O Fee, THC, port charges, warehouse charges, inspection costs, additional delivery costs and local charges.

If excluded charges are not clearly stated, the shipper may later say that those charges were expected to be included in the quotation.

A sample clause is:

“This quotation covers only the charge items expressly stated herein. Customs inspection charges, quarantine or regulatory inspection charges, storage charges, demurrage, detention, additional delivery charges, cancellation charges, holiday or overtime charges, and any other charges not expressly stated in this quotation are not included.”

In import shipments, D/O Fee, CFS Charge, storage charges, inspection charges, domestic delivery charges and free-time excess charges often become disputed. These should be clearly separated from the quoted base charges.

Additional Charges Clause

In forwarding practice, additional costs may arise that cannot be predicted at the quotation stage. Examples include port congestion, customs or quarantine inspections, delivery delays, warehouse storage, re-delivery, truck waiting time, carrier surcharge revisions and changes in local charges.

If the forwarder is expected to absorb all such costs, the financial burden can become significant. The quotation should state that third-party charges and actual costs may be separately charged to the shipper.

Sample clauses are:

“Any charges incurred or changed by shipping lines, airlines, ports, warehouses, customs brokers, quarantine authorities, local agents or other third parties shall be charged separately as actual costs.”

“Additional costs not foreseeable at the time of quotation, including inspection costs, storage charges, free-time excess charges, waiting charges, re-delivery charges and cancellation charges, shall be charged separately after they are incurred.”

Schedule and Space Disclaimer

A quotation may show an estimated vessel schedule or flight schedule. However, this is only the schedule available at the time of quotation and should not be treated as a guarantee. Schedules may change due to carrier arrangements, port congestion, weather, strikes, route changes, blank sailings or cargo rollover.

If the quotation does not include a schedule disclaimer, the shipper may later argue that the schedule shown in the quotation was guaranteed.

A sample clause is:

“Any schedule stated in this quotation is based on information available at the time of quotation and may be changed by shipping lines, airlines, ports or local circumstances. Unless the delay is caused by reasons attributable to us, we shall not be liable for loss or damage arising from delay, blank sailing, cargo rollover, route change or schedule change.”

In practice, however, if the forwarder becomes aware of delay information, it should promptly inform the shipper and, where possible, propose alternatives.

Force Majeure Clause

International transport is affected by many events outside the forwarder’s control. These may include typhoons, earthquakes, tsunamis, war, terrorism, port strikes, epidemics, port congestion, customs system failures, space shortages and flight cancellations.

If delays or additional costs arise from such events, the forwarder should not automatically bear responsibility. The quotation should include a force majeure and third-party circumstances clause.

A sample clause is:

“We shall not be liable for delay, additional costs, loss or damage caused by natural disasters, war, civil unrest, terrorism, strikes, port congestion, epidemics, laws or governmental procedures, or circumstances involving shipping lines, airlines, ports, warehouses, local agents or other third parties, unless such delay, cost, loss or damage is caused by reasons attributable to us.”

A force majeure clause is not only a defensive clause. It clarifies the boundary between matters controlled by the forwarder and matters outside the forwarder’s control.

Shipper’s Declaration Clause

A forwarder prepares quotations and arrangements based on information provided by the shipper. If cargo description, quantity, weight, volume, dangerous goods status, temperature requirements, import regulations, packing condition, HS code, origin or other information is incorrect, the cost and arrangement may change.

Accurate shipper declarations are especially important for dangerous goods, temperature-controlled cargo, food products, chemicals, pharmaceutical-related goods, used machinery, heavy cargo and oversized cargo.

A sample clause is:

“This quotation is based on the cargo information, quantity, weight, volume, cargo nature, packing condition and transport requirements provided by the customer. If such information is incorrect, incomplete or changed, the costs, schedule, availability of arrangement and scope of responsibility may change.”

Another sample clause is:

“Dangerous goods, temperature-controlled cargo, special cargo and cargo subject to legal or regulatory restrictions must be accurately declared in advance. We shall not be liable for loss, additional costs or delay arising from non-declaration, incomplete declaration or inaccurate information, unless caused by reasons attributable to us.”

Cargo Insurance Clause

Whether cargo insurance is included must be clearly stated in the quotation. Some shippers mistakenly assume that cargo insurance is automatically included because they have asked a forwarder to handle the shipment. In reality, cargo insurance is not automatically attached unless it is arranged.

The quotation should state whether the cargo insurance premium is included, whether insurance can be arranged separately upon request, or whether the shipper must arrange insurance independently. This is especially important for high-value cargo, used goods, temperature-controlled cargo, exhibition goods, dangerous goods, triangular trade, and FOB, EXW or FCA transactions.

A sample clause is:

“Cargo insurance premium is not included in this quotation. If cargo insurance arrangement is required, please instruct us separately before shipment.”

Another sample clause is:

“The customer should decide whether cargo insurance is required after considering the cargo value, cargo nature, packing condition, transport conditions, Incoterms and sales contract terms. We recommend that cargo insurance be reviewed for high-value cargo, used goods, temperature-controlled cargo, fragile cargo, exhibition goods and triangular trade shipments.”

Marine cargo insurance requires specialized knowledge. Where necessary, the shipper should consult a specialist marine cargo insurance broker or agent.

Boundary Between Insurance Guidance and Insurance Solicitation

When a forwarder provides information about cargo insurance, it must confirm whether it is legally and operationally able to solicit insurance as an insurance agent or broker. A forwarder that does not act as an insurance intermediary should avoid recommending specific insurance products or making definitive statements about coverage.

On the other hand, reminding the shipper to check the need for cargo insurance is important in forwarding practice. Marine cargo insurance is different from ordinary domestic insurance. It requires understanding of Incoterms, insurable interest, insurance period, ICC conditions and subrogation handling.

A sample clause is:

“Where we do not arrange cargo insurance, the customer should confirm whether cargo insurance is required and what insurance conditions are appropriate. Where necessary, we recommend that the customer consult a specialist marine cargo insurance broker or agent.”

Another sample clause is:

“Where we do not act as an insurance agent or broker, we do not make any definitive statement regarding coverage, claim payment, or the suitability of insurance conditions.”

Relationship with Standard Trading Conditions

It is not realistic to describe all liability provisions in detail in the quotation itself. For this reason, the quotation should be linked to the forwarder’s standard trading conditions. This is particularly important where there is no master service agreement or basic transaction agreement with the shipper.

The quotation should state that the standard trading conditions apply. The forwarder should also make the conditions available through a link, attachment, reverse side wording, FCR wording or other means that allows the shipper to review them.

A sample clause is:

“Our standard trading conditions shall apply to this transaction. By placing an order based on this quotation, the customer shall be deemed to have agreed to our standard trading conditions.”

Another sample clause is:

“Our standard trading conditions provide for the scope of services, limitation of liability, exclusions, cargo insurance, shipper’s declaration obligations, notice obligations in case of accident, and treatment of additional charges.”

Simply inserting one sentence in the quotation may not be sufficient in all cases. In practice, the forwarder should combine the quotation, order confirmation email, FCR, website publication and attached materials so that the shipper can reasonably review the conditions.

Relationship with FCR

Where there is no master agreement with the shipper, issuing an FCR with standard trading conditions can be an important defensive measure for the forwarder.

An FCR, or Forwarder’s Cargo Receipt, may be used as a practical document showing cargo receipt or transport arrangement. By attaching or referring to standard trading conditions, the forwarder can more clearly establish the scope of responsibility, exclusions, limitation of liability, cargo insurance status and shipper declaration obligations for each shipment.

A sample clause is:

“Our standard trading conditions shall apply to any FCR issued by us. The FCR is a practical document relating to cargo receipt or transport arrangement and does not mean that cargo insurance is automatically attached.”

Another sample clause is:

“If cargo insurance arrangement is required, please instruct us separately before issuance of the FCR or before cargo acceptance.”

An FCR is not a perfect solution by itself. However, it is an important document for connecting the quotation and standard trading conditions to the actual shipment. The same assumptions should be reflected not only in the quotation, but also in the post-order documents.

Confidentiality and Misuse of Quotation Information

In competitive quotations, transport design, route planning, cost structure, overseas agent information and local arrangement methods prepared by the forwarder may be passed by the shipper to other companies.

A quotation is not only a price sheet. It may contain the forwarder’s commercial information and operational know-how. For this reason, it is advisable to include wording restricting disclosure, forwarding, copying or use by third parties.

A sample clause is:

“This quotation and its contents are provided solely for use by the party requesting the quotation. They may not be disclosed, forwarded, copied or used by any third party without our prior consent.”

Another sample clause is:

“The routes, cost structure, local arrangement methods, subcontractor information and overseas agent information contained in this quotation are based on our transport design. Please do not share or use these contents with third parties before formal order placement without our prior consent.”

Customs, Quarantine and Other Regulatory Clauses

Cargo may be stopped or delayed due to customs clearance, quarantine, food sanitation regulations, pharmaceutical and medical device regulations, foreign exchange and trade control, chemical substance regulations, intellectual property rights or other import restrictions.

These matters often depend on cargo description, use, ingredients, labeling, permits and transaction details. Many of them must be checked by the shipper or importer.

Even if the forwarder arranges a customs broker or local agent, the forwarder does not automatically guarantee that the cargo can be imported, that all permits have been obtained, or that labeling and ingredients meet regulatory requirements.

A sample clause is:

“The customer shall confirm in advance all permits, regulatory compliance, labeling, ingredients, use and other requirements under customs, quarantine, food sanitation, pharmaceutical and medical device, foreign trade control, chemical substance, intellectual property and other applicable laws and regulations.”

Another sample clause is:

“We shall not be liable for costs, delay or loss arising from inspection, confirmation, detention, suspension, rejection, disposal, return shipment or additional procedures by relevant authorities, unless caused by reasons attributable to us.”

Packing and Inherent Nature of Cargo

Damage caused by insufficient packing or the inherent nature of cargo may fall outside the forwarder’s responsibility. This is particularly important for moisture-sensitive cargo, liquid cargo, powder cargo, used machinery, precision equipment and temperature-controlled cargo, where packing, protection, marking and handling conditions are critical.

Unless the forwarder overlooks an obvious external abnormality or causes damage through its own fault, the forwarder does not guarantee the adequacy of internal packing or the quality stability of the cargo itself.

A sample clause is:

“The customer shall be responsible for confirming that the cargo is properly packed, internally secured, protected, marked and suitable for transport. We shall not be liable for loss or damage arising from insufficient packing, inherent nature of the cargo, deterioration, ordinary wear and tear, quality change, or insufficient resistance to temperature or humidity, unless caused by reasons attributable to us.”

Dangerous Goods and Special Cargo Clause

Dangerous goods, chemicals, lithium batteries, temperature-controlled cargo, heavy cargo, oversized cargo, exhibition goods and used machinery require checks that differ from ordinary cargo. If the shipper’s declaration is insufficient, the cargo may be rejected by carriers or airlines, and additional costs, delays or accidents may occur.

A sample clause is:

“Dangerous goods, temperature-controlled cargo, special cargo, heavy cargo, oversized cargo, exhibition goods, used goods and any other cargo requiring special handling must be accurately declared in advance.”

Another sample clause is:

“Required documents, legal classification, transport acceptability, packing standards, temperature requirements and handling conditions may need to be confirmed. We shall not be liable for delay, additional costs or loss arising from non-declaration, inaccurate information or incomplete documents.”

Expressions That Should Not Be Used

Disclaimer clauses should not be drafted simply as broadly as possible. Excessively broad wording or wording that places unreasonable disadvantage on the shipper may damage trust and may become difficult to defend if a dispute arises.

The following types of expressions should generally be avoided:

• “We shall not be liable under any circumstances.”
• “All risks shall be borne by the shipper regardless of our negligence.”
• “Everything will be covered if cargo insurance is arranged.”
• “The schedule is guaranteed.”
• “Customs clearance is guaranteed.”
• “We will handle everything if an accident occurs.”

Disclaimer clauses should be specific, explainable and consistent with the actual scope of services undertaken by the forwarder.

Comprehensive Sample Quotation Note

In practice, the following type of comprehensive wording may be inserted at the end of the quotation or in the remarks section as a basic defensive framework.

“This quotation is based on the cargo, quantity, weight, volume, route, shipment timing and transport conditions stated herein. If any of these conditions are changed, the costs, schedule, availability of arrangement and scope of responsibility may change.”

“This quotation shall be valid for [●] days from the date of issue. After expiry of the validity period, a revised quotation may be required. Any costs incurred or changed by shipping lines, airlines, ports, warehouses, customs brokers, quarantine authorities, local agents or other third parties shall be charged separately as actual costs.”

“Any schedule stated in this quotation is based on information available at the time of quotation and may be changed due to shipping lines, airlines, ports, local circumstances, weather, strikes, laws, governmental procedures or other circumstances outside our control.”

“Cargo insurance premium is not included in this quotation. If cargo insurance arrangement is required, please instruct us separately before shipment. We recommend that cargo insurance be reviewed for high-value cargo, used goods, temperature-controlled cargo, fragile cargo, exhibition goods and triangular trade shipments.”

“Dangerous goods, temperature-controlled cargo, special cargo and cargo subject to legal or regulatory restrictions must be accurately declared in advance. We shall not be liable for delay, additional costs or loss arising from non-declaration or inaccurate information, unless caused by reasons attributable to us.”

“Our standard trading conditions shall apply to this transaction. This quotation and its contents are provided solely for use by the party requesting the quotation and may not be disclosed, forwarded, copied or used by any third party without our prior consent.”

Practical Notes

Disclaimer clauses in a quotation are not effective simply because they are written. They must actually be presented to the shipper in a form that the shipper can review. If the disclaimer is written in very small print at the end of the quotation and the standard trading conditions are not shown anywhere, the practical defensive effect may be weak.

In addition, the quotation, order confirmation email, FCR and standard trading conditions should not contradict each other. For example, it is risky if the quotation states that cargo insurance is separate, while the sales email vaguely says that “insurance should be fine.”

In practice, quotation notes, email wording, FCR, standard trading conditions and internal approval rules should be aligned. A disclaimer clause is not just wording. It must function within the entire order acceptance process.

Case Example: Insufficient Quotation Disclaimer Causing Disputes over Additional Charges and Cargo Insurance

In an import shipment, a forwarder submitted a quotation showing ocean freight, CFS Charge and domestic delivery costs. However, the quotation did not state the validity period, whether cargo insurance was included, how additional costs would be treated, whether inspection costs and storage charges were excluded, or whether standard trading conditions applied.

After the cargo arrived in Japan, a customs inspection was conducted, and the storage period at the CFS became longer. As a result, storage charges, inspection attendance charges and re-arranged domestic delivery costs were incurred. After the inspection, external damage to the cargo was also found, but cargo insurance had not been arranged.

When the forwarder billed the additional costs, the shipper argued that domestic delivery had been included in the quotation, that it had not been told storage and inspection costs were separate, and that cargo insurance was normally expected to be included. The forwarder had no clear written record showing that additional charges were separate, that cargo insurance premium was not included, or that standard trading conditions applied.

In this case, the dispute could likely have been reduced if the quotation had clearly stated that inspection costs, storage charges and re-delivery costs were separate, that cargo insurance premium was not included, and that standard trading conditions applied. The core problem was not only the inspection or cargo damage itself, but the failure to clarify cost scope and responsibility scope at the quotation stage.

Key Takeaway

A forwarder’s quotation is not merely a price sheet. It is an important practical document that shows the scope of services, cost coverage, liability boundaries, cargo insurance status, additional charges, force majeure and the application of standard trading conditions.

Disclaimer clauses in a quotation should clearly address quotation validity, excluded charges, additional charges, schedule changes, force majeure, shipper declarations, cargo insurance, dangerous goods, special cargo, customs, quarantine, other regulations and restriction on misuse of quotation information.

However, the quotation does not need to contain every detailed rule. A practical approach is to state the key assumptions in the quotation and connect the details to standard trading conditions and FCR.

Aligning the quotation, order confirmation email, standard trading conditions, FCR and cargo insurance guidance is one of the basic ways for forwarders to protect themselves and prevent disputes with shippers.