What are the legal consequences if a carrier does not meet the agreed delivery deadline?
January 11, 2024 | 40,00 EUR | answered by Leonie Maier
Dear lawyer specializing in transportation and logistics law,
I am reaching out to you with an urgent question regarding a delivery I am expecting as a customer of a freight forwarder. My name is Katrin Hagedorn and I recently placed an important order that was supposed to be delivered within a specific delivery deadline. Unfortunately, the freight forwarder has not met this deadline and the delivery is now significantly delayed.
This delay is causing me great concern as I urgently need the ordered goods, which are essential for my business. Furthermore, I have already made payments and I now feel financially and businesswise impacted by the untimely delivery.
Therefore, I am wondering what legal consequences the freight forwarder might face for not meeting the agreed delivery deadline. Are there possibilities to claim damages or terminate the contract? How can I protect my interests as a customer and what actions can I take to enforce my rights?
I kindly request your urgent advice and support in this matter, as the delay in delivery has significant consequences for me. Thank you in advance for your assistance.
Best regards,
Katrin Hagedorn
Dear Mrs. Hagedorn,
Thank you for your inquiry regarding the delayed delivery by the carrier. It is understandable that you are concerned and looking for legal options to protect your interests. In such cases, the legal regulations of transport and forwarding law are of great importance.
First and foremost, it is important to know that the carrier is obligated to meet the agreed delivery deadline, if it was specified in the contract. If the carrier fails to meet this obligation, it can have various legal consequences. Typically, the customer is entitled to compensation if a delay has caused any damage. This may be the case, for example, if you have suffered loss of sales or incurred additional costs due to the late delivery.
To claim compensation, you must first set a reasonable deadline for the carrier to make up for the delivery. If the carrier fails to meet this deadline as well, you have the right to claim compensation. This may include reimbursement of incurred costs or compensation for lost profits.
Furthermore, you also have the right to terminate the contract if the carrier fails to meet the delivery deadline. However, please note that this is usually only possible if the delay is significant and timely delivery is crucial for you.
To protect your interests as a customer and enforce your rights, I recommend that you seek assistance from a specialized attorney in transport and forwarding law. They can assess your situation, recommend further legal steps, and support you in enforcing your claims.
I hope this information is helpful to you and I am happy to answer any further questions you may have.
Sincerely,
Leonie Maier
