Forwarding Law

The freight forwarder organizes the shipment of goods either for individuals or for companies. Forwarders are in charge of getting the goods from the location of handover to the final destination. Whilst in a single country this involves contracts with one or multiple carriers, internationally it might also involve customs and insurance issues. 

As in general transport law, various international conventions, agreements and rules apply to the forwarder.

Legal advice for forwarders

Large comanies have special legal services teams that handle any cases that might involve legal proceedings and that tackle legal questions.

SMEs and other companies more often than not do not possess the financial means or infrastructure to employ a legal team. The consequence is a lack of legal advice and ultimately the loss of earnings due to unpaid invoices or ineffective defences against claims.

Transport-law.co.uk offers legal advice and representation to any company. We work cost-conscious in the best interest of our clients. In years of experience our lawyers have won litigation against some of the biggest transport and logistics companies in the world.

Contact us free-of-charge for a first analysis and evaluation of your case.

Contact us!

Straßengüterverkehr Transportrecht

Common Issues

Loss

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Damage

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Heft

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Liability

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Limitation of Liability

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Exclusion of Liability

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Liability Overview

Principle of Liability

  • Duty of care, fixed costs, consolidated shipments and dealing in own name

  • Fault-based liability when acting as a forwarder only

Period of Liability

As of handover until delivery

Scope of Liability

  • Damages to goods (loss, damage)

  • Damages due to delay

  • Precuniary loss

Limits on Liability

  • Through terms and conditions between 2 and40 SDR per kg

  • Individual agreements - without limitations

  • Liability as an agent entirely dispositive

No limitation on liability

intent, conscious recklessness

Complaint period for defects

  • Apparent defects: as of handover

  • Non-apparent defects: 7 days as of handover

  • Exceeding of delivery time: 21 days as of handover

Particularities

Liability for actions as a forwarder depends on contractual obligations

Exclusion of liability

  • Inevetible event
  • Flawed labelling or packaging, error by principle whilst loading or un-loading  
  • Lack of fault on part of agent