Lawyer forwarding contract / freight contract Munich

Contract drafting for forwarding contract / freight contract

Lawyer / law firm in Munich

DIFFERENCE BETWEEN FORWARDING CONTRACT AND FREIGHT CONTRACT

In principle, the forwarding contract and the freight contract are two different types of contract that are regulated in the German Commercial Code (HGB) - specifically in Sections 407 et seq. HGB (freight contract) and §§ 453 ff. HGB (contract of carriage).

A freight contract is a contract of carriage. The carrier undertakes to transport goods from one place to another in return for payment. The focus is on the actual performance of the transport. Typically, the carrier is also the party that transports the goods itself or has this done by subcontractors (e.g. other haulage companies). As a rule, the carrier is liable for damage or loss of the transported goods during transport, unless force majeure or other exclusions of liability apply.

The forwarding contract, on the other hand, is a contract of agency. The freight forwarder does not undertake to transport the goods directly, but to organise the transport. This means that the freight forwarder commissions carriers, takes care of the selection of suitable means of transport, draws up consignment notes and, if necessary, organises storage, customs clearance and insurance. Only in certain cases (e.g. fixed-cost forwarder, §459 HGB) does the forwarder itself also assume carrier responsibility.

The distinction is not always easy to make in practice - which plays a key role in contract design and liability issues.

📦 TYPICAL LEGAL PROBLEMS WITH FORWARDING AND FREIGHT CONTRACTS

In practice, legal conflicts repeatedly arise that require legal advice or even judicial clarification. The most frequent points of dispute include

• Liability for transport damage or loss: who is liable if the goods arrive damaged or not at all? Has an exclusion of liability been effectively agreed? Do statutory liability limits apply (e.g. 8.33 SDR/kg for national transport in accordance with the German Commercial Code)?
• Damage caused by delays: To what extent is the carrier liable for delays in delivery, for example in the case of ‘just-in-time’ deliveries?
• Unclear contract contents: Has a forwarding contract or a contract of carriage been concluded? This question has a considerable impact on the rights and obligations of the contracting parties.
• Choice of law and place of jurisdiction: International conventions such as the CMR Convention must be observed, particularly in the case of cross-border transport. The jurisdiction of the courts may also be in dispute.
• Default of payment and security rights: What rights does the freight forwarder or carrier have if the client fails to pay? The German Commercial Code (HGB), for example, provides for a statutory lien on the goods (§ 441 HGB).
• Statute of limitations: Claims under transport law often expire much faster than in other areas of law - usually within one year.

WHY A SPECIALISED LAWYER MAKES SENSE

A lawyer specialising in transport and forwarding law can support clients in the drafting of contracts, the legally compliant handling of orders and in the event of a dispute in court. Legal expertise is just as important as industry knowledge. Especially in the logistics sector, which is characterised by tight time frames, international interdependencies and high liability risks, competent legal advice can be crucial.

The services of a specialised lawyer include

• Advice on drafting or reviewing transport contracts (e.g. general terms and conditions, liability clauses, insurance obligations)
• Support with claims settlement and assertion of claims for compensation
• Representation before courts or arbitration boards, nationally and internationally
• Preventive advice to minimise risk, for example through legally compliant sample contracts or training for companies