design of logistics contracts
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Preparation and review of transport and forwarding contracts

Do you want to ship your freight safely, but are unsure about the forwarding contracts? In transport and forwarding law, the contract forms the basis for a smooth transport process. Whether it is forwarding, freight contracts or logistics contracts with logistics terms and conditions, it is crucial that your goods are prepared for all transport risks. With careful contractual arrangements, you can legally secure the transport. As a specialist law firm for transport and forwarding law, we support you in drawing up and reviewing your contracts and explain the essential aspects of transport and forwarding law.

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forwarding contract

Contractual content of a forwarding contract: A forwarding contract regulates the takeover of the transport organization by a freight forwarder, which in addition to the main services such as transport can also include additional services such as packaging, loading, labeling and customs clearance. If the freight forwarder transports the goods himself, he acts as the freight carrier through so-called self-entry.

Contracting Parties: The contract is concluded between the sender and the freight forwarder. In certain situations, the recipient can also derive rights from the contract as a third party beneficiary.

Form requirement: The conclusion of a forwarding contract does not require any special form and can be made either verbally or implicitly.

Legal basis: The legal basis is the German Commercial Code (HGB), whereby the General German Freight Forwarding Conditions (ADSp) are often included as general terms and conditions, although not for consumers. In addition, specific regulations for certain means of transport such as the CMR, COTIF, the Warsaw Convention or the Budapest Convention can be part of the contract.

Rights and obligations of the sender: The sender is obliged to hand over all necessary documents and to point out potential dangers. There is an obligation to pay the remuneration and to reimburse additional costs such as expenses, administration fees and storage costs. A fixed remuneration is often agreed.

Important aspects of contract design: Provisions should be made regarding warehousing, the assumption of administrative tasks such as customs clearance, the exclusion of certain transport modalities, the involvement of third-party contractors, the applicable general terms and conditions and the remuneration arrangements. Also important are provisions regarding the scope of the freight forwarder's lien and possible limitations of liability.

Advice and legal protection: Due to the complexity of freight forwarding transactions and the individual risks of each transport, professional legal advice is essential. Our specialist lawyer will assist you in creating a tailor-made and legally sound freight forwarding contract.

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freight contract

A freight contract regulates the transport of your freight in detail. Important aspects to consider:

Contract content: The carrier is responsible for transporting the cargo. Agreements can also be made regarding packaging, loading, labeling or customs clearance.
Contracting Parties: The contract is concluded between the sender/consignor and the carrier. In some cases, the recipient can also derive certain rights from the contract as a third party beneficiary.
Formal requirements: There are no specific formal requirements for a freight contract. It can be concluded either verbally or through conclusive conduct.
Legal basis: The provisions of the German Commercial Code (HGB) apply to the contract. The consignment note serves as proof, receipt and information regarding the contract.

Depending on the means of transport, different consignment notes are used:

Road transport: consignment note
Rail transport: Railway consignment note
Inland waterway transport: loading note
Air freight transport: air waybill
Maritime shipping: bill of lading

The consignment note must contain certain minimum information, such as:

date and place of issue and acceptance
information about the sender, carrier and recipient
quantity, weight and number of cargo

When drawing up the contract, you should consider the following points:

When planning storage and transport, certain conditions must be taken into account. If storage is planned, specific storage conditions must be observed. There may be restrictions on the transport modalities, such as the non-use of certain routes or special requirements regarding the type of storage during transport.

In addition, the General Terms and Conditions (GTC) regulate the basic procedures and rights of both parties. With regard to remuneration, the regulations on remuneration and payment terms are clearly defined in order to avoid misunderstandings.

The lien is also an important aspect of the agreements. It specifies to what extent or under what conditions the carrier's lien is excluded or limited.

Finally, the insurance provisions are essential, especially when it comes to liability limitations. These regulate which damages are covered and what obligations the contracting parties have in the event of damage.

Professionally design freight contracts

The right legal framework is crucial for a legally compliant and well-structured freight contract. Our transport law firm will support you in drafting the contract and will review all relevant regulations.

storage contract, logistics contract and logistics terms and conditions

In addition to pure transport, there are various contract models that regulate the handling of transport:

storage contract: This contract regulates the proper storage of the transported goods, whether before, after or during transport. The warehouse keeper assumes full responsibility for the care and protection of the stored goods.

Logistics contract: Here, specific logistical services such as assembly, labelling or quality control are contractually agreed.

Logistics Terms and Conditions: The Logistics Terms and Conditions are standardized contractual conditions for the modern logistics business, which reflect the transformation of many freight forwarders into logistics companies.
Freight forwarders are increasingly expanding their range of services to include additional logistics services such as pre-assembly or shelf service, which go beyond the classic services covered by the General German Freight Forwarders' Terms and Conditions (ADSp). While the ADSp cover basic services such as transport and storage, specially developed logistics terms and conditions provide a legally secure basis for these additional services. These additional agreements supplement the ADSp and establish clear regulations for logistics services that fairly take the interests of both contracting parties into account and thus place cooperation in day-to-day business on a reliable basis.

As your law firm specializing in transport law, we support you in drafting and reviewing your contracts. Our specialist lawyer will explain precisely which contractual points you need to consider to ensure your transport is legally sound.

See our glossary on transport law here!