How can I properly draft a freight contract?
May 19, 2022 | 40,00 EUR | answered by Anna Sontheimer
Dear Attorney specializing in Transport and Logistics Law,
My name is Nina Kohlstein and I am the managing director of a medium-sized logistics company. Lately, we have been experiencing increasing problems with our freight contracts. We have noticed that they are often incomplete or faulty, leading to uncertainties and conflicts with our customers.
Currently, we have a case where a customer claims that we are not fulfilling our contractual obligations and refuses to make the agreed payments. We have carefully reviewed the freight contract and have concluded that some clauses are unclearly formulated and leave room for interpretation. Therefore, we would like to ensure in the future that our freight contracts are legally sound and cover all relevant aspects.
I am concerned that such conflicts could have a negative impact on our business and would like to ensure that our freight contracts are correctly structured. Therefore, my question to you is: How can I properly structure a freight contract to avoid legal issues and protect our interests?
I would greatly appreciate it if you could provide me with specific tips and recommendations on how to legally design freight contracts in the future. Perhaps you could also point out common mistakes and pitfalls to avoid.
Thank you in advance for your support and advice.
Best regards,
Nina Kohlstein
Dear Mrs. Kohlstein,
Thank you for your inquiry and your trust in my expertise in the field of transport and forwarding law. It is regrettable to hear that you have been experiencing increased problems with your freight contracts lately and are facing uncertain or faulty contract terms. Such situations can indeed lead to conflicts with your customers and negatively impact your business. It is therefore very important that your freight contracts are legally sound in order to avoid such problems.
The drafting of a freight contract requires careful review and consideration of various legal aspects. Here are some tips and recommendations that can help you create legally secure freight contracts in the future:
1. **Clear and unambiguous wording**: Make sure that all clauses and conditions in the contract are clearly and understandably formulated. Avoid unclear wordings that could leave room for interpretation. Clear language helps to avoid misunderstandings and disputes.
2. **Complete and precise information**: Ensure that all relevant information and conditions are included in the contract. This includes, among others, the exact description of the goods to be transported, delivery deadlines, liability regulations, payment modalities, and termination clauses.
3. **Consideration of legal requirements**: When drafting the contract, consider the relevant legal provisions and regulations in transport and forwarding law. This includes, for example, the Commercial Code (HGB), transport law, and freight law.
4. **Individual adaptation**: Customize the freight contract to the needs and requirements of your company. Also consider the specific circumstances of your industry and your customers.
5. **Incorporation of General Terms and Conditions (GTC)**: Use general terms and conditions to establish standard regulations for your freight contracts. Ensure that your GTC are legally effective and comply with legal requirements.
6. **Legal advice**: If you are unsure or encounter complex issues, I recommend seeking the advice of a specialized lawyer in transport and forwarding law in a timely manner. An experienced lawyer can support you in contract drafting and help you avoid legal problems.
Regarding common mistakes and pitfalls in drafting freight contracts, I would like to point out that unclear or incomplete clauses, lack of liability regulations, missing information on delivery deadlines, or insufficient termination provisions can lead to problems. Therefore, make sure to appropriately consider these aspects in your contracts.
In conclusion, I want to emphasize that the careful drafting of freight contracts is crucial to avoid legal problems and protect your interests. I hope that my tips and recommendations will help you in creating legally secure freight contracts.
If you have any further questions or need assistance, please do not hesitate to contact me.
Best regards,
Anna Sontheimer
Lawyer specializing in transport and forwarding law
