Can a carrier refuse the delivery of my goods, and if so, under what circumstances?
January 14, 2024 | 50,00 EUR | answered by Leonie Maier
Dear Transport and Freight Law Attorney,
I am reaching out to you with an urgent question regarding an issue I am having with a freight forwarder. My name is Johann Heck and I operate a small business specializing in the import and sale of high-quality electronic devices. Recently, I commissioned a large delivery of these devices with a freight forwarder to be delivered to my customers on time.
Unfortunately, the freight forwarder has informed me that they are refusing to deliver my goods, citing discrepancies in the customs clearance process. I am very concerned as the delivery is urgently needed and I have already made payments to my suppliers that depend on this delivery. Furthermore, a delay in delivery could cause me significant financial harm.
Therefore, I would like to know from you whether a freight forwarder actually has the right to refuse the delivery of my goods and under what circumstances this is legally permissible. Are there any possible actions I can take to still receive the delivery or assert my legal rights? I would be very grateful for your professional advice and assistance in this matter.
Kind regards,
Johann Heck
Dear Mr. Heck,
Thank you for your inquiry regarding the issue you are having with the carrier. I am sorry to hear that you are in this situation and concerned about the delivery of your goods. As an expert in transport and logistics law, I can assist you and provide some information regarding your case.
In relation to the carrier's refusal to deliver due to alleged discrepancies during customs clearance, there are certain legal regulations that are relevant. Generally, the carrier has the right to refuse delivery if they have concerns regarding the proper handling of the transport. This may be the case, for example, if the goods were not properly declared, incorrect documents are provided, or if an inspection by customs authorities is required.
However, it is important to note that the carrier cannot simply refuse delivery arbitrarily. They must have valid reasons for their decision and inform you as the client. In your case, you should first communicate with the carrier and try to clarify the exact reasons for the refusal of delivery.
If it turns out that the refusal is unjustified, or if you wish to assert legal claims in another way, there are various measures available to you. For example, you can obtain an injunction to enforce the delivery of your goods, or claim damages if you incur financial losses due to the delay in delivery.
In such a case, it is advisable to seek advice from an experienced attorney specializing in transport and logistics law to protect your rights and find an optimal solution to your problem. I am available for a personal consultation and to support you in enforcing your legal claims.
Best regards,
Leonie Maier, Attorney specializing in transport and logistics law
