346Claim for compensation

#### 346 Claim for compensation 346 Claim for compensation > > (1) A carrier whose head contract of carriage is terminated by a principal contractor may claim compensation from the principal contractor if— > > > > > (a) the carrier entered into the head contract of carriage by arrangement with a previous carrier whose provision of services to the principal contractor under contracts of carriage was replaced by the carrier, and > > > > > (b) under the terms of the arrangement between the previous carrier and the carrier, a sum of money was paid by the carrier to the previous carrier as a premium or fee in connection with the entry into the head contract of carriage by the carrier, and > > > > > (c) it is a custom and practice in the relevant section of the industry or business of the principal contractor that such a premium or fee be paid, and > > > > > (d) the principal contractor knew or ought reasonably to have known that such a premium or fee had been paid to the previous carrier, and > > > > > (e) the principal contractor failed to take reasonable steps to advise the carrier that it was not a requirement of the principal contractor that such a payment be made or requested. > > > (2) A carrier is not prohibited from making a claim under this section because the carrier performs minor or incidental work for a person other than the principal contractor under the head contract of carriage.