How can I ensure that my contracts with freight forwarders are legally secure?
August 5, 2022 | 40,00 EUR | answered by Leonie Maier
Dear lawyer specializing in transport and freight law,
I am reaching out to you with a question regarding my contracts with freight forwarders. I am an entrepreneur in the field of goods transportation and regularly enter into contracts with various freight forwarders to transport my goods from A to B. Lately, I have been increasingly concerned about the legal protection of my contracts.
The current situation is as follows: I enter into contracts with freight forwarders in which the exact services, costs, and liability issues are regulated. However, I am unsure whether these contracts cover all relevant legal aspects and whether they would hold up in case of a dispute with the freight forwarder. My main concern is to ensure that my contracts are legally sound and would hold up in court if necessary.
My worries revolve mainly around the fact that as an entrepreneur, I may not be paying attention to all legal intricacies and therefore taking risks. I want to make sure that my contracts include all necessary clauses and that I am legally protected in case of disputes with a freight forwarder.
Therefore, my question to you is: How can I ensure that my contracts with freight forwarders are legally sound? Are there specific clauses or formulations that I should definitely include in my contracts? What steps can I take to review my contracts and potentially make adjustments to minimize legal risks?
I thank you in advance for your support and look forward to your expert advice.
Sincerely,
Jonas Buchner
Dear Mr. Buchner,
Thank you for your inquiry regarding the legal protection of your contracts with freight forwarders in the field of goods transport. As a lawyer specializing in transport and freight forwarding law, I can understand your concerns regarding the legal aspects of your contracts and am happy to assist you with my expert advice.
To ensure that your contracts with freight forwarders are legally sound, there are some important points to consider. Firstly, it is important that the contracts clearly and unambiguously regulate all relevant aspects of the transport order. This includes specifying the exact services, costs, liability issues, insurances, and the rights and obligations of both parties to the contract.
An important clause that should be included in your contracts is the liability provision. It is crucial to define the extent to which the freight forwarder is liable in case of damages or loss of the transported goods. It is also important to establish provisions regarding liability for delays in the transport process and insurance matters.
Furthermore, I recommend including clauses on contract termination, dispute resolution, and choice of law and jurisdiction. This will allow you to establish clear rules for resolving disputes with the freight forwarder both extrajudicially and judicially, and determine the jurisdiction in case of a legal dispute.
To review your existing contracts and potentially make adjustments to minimize legal risks, I recommend consulting a lawyer specializing in transport and freight forwarding law. An expert can carefully examine your contracts, identify any gaps or ambiguities, and provide you with specific recommendations for improvement.
It is important as a business owner to pay attention to all legal details of your contracts in order to protect yourself as best as possible. With the assistance of an experienced lawyer, you can ensure that your contracts are legally sound and will withstand any disputes with freight forwarders.
I hope that my response is helpful to you and I am available for any further questions you may have.
Best regards,
Leonie Maier, Lawyer specializing in Transport and Freight Forwarding Law
