What are the legal consequences of delivery difficulties in transport law?
March 30, 2023 | 50,00 EUR | answered by Konrad Falk
Dear lawyer,
My name is Carsten Schmitt and I am the owner of a medium-sized company specializing in the trade of technical devices. Lately, we have been facing increasing delivery difficulties with our transportation companies. This has led to us being unable to deliver to our customers on time, resulting in negative impacts on our business.
The delivery difficulties often stem from unforeseen events such as traffic jams, technical issues, or strikes. However, we feel obligated to uphold the agreed delivery dates to our customers. Nevertheless, we are concerned about the legal consequences this may have for our company.
We are worried about whether we may face claims for damages from our customers in case of delivery delays. Additionally, we are wondering if we can make claims against our transportation companies to compensate for the damages incurred.
Therefore, my question to you is: What are the legal consequences of delivery difficulties in transportation law? Are there ways to protect ourselves from such difficulties or what steps can we take to resolve potential conflicts?
Thank you in advance for your support and advice.
Sincerely,
Carsten Schmitt
Dear Mr. Schmitt,
Thank you for your inquiry and your trust in my expertise in the field of transport and logistics law. Delivery difficulties are a common problem that companies face and can indeed have negative impacts on your business. It is important to understand the legal consequences of such difficulties and to protect yourself accordingly.
In transport law, there are various legal consequences that can arise from delivery delays. First and foremost, you should check whether specific delivery dates were agreed upon in your contracts with the transport companies and what consequences are stipulated in case of non-compliance with these dates. If no specific agreements have been made, the legal regulations of transport law apply.
According to legal provisions, transport companies are generally obligated to deliver the goods on time. If there are delivery delays, this can lead to claims for damages from the recipient. This means that your customers may potentially claim damages to compensate for the delay damages incurred.
To protect yourself from such risks, I recommend that you establish clear regulations regarding delivery dates and possible consequences in case of delays in your contracts with the transport companies. For example, you can agree on penalties or liability exclusions to protect yourself from damage claims.
Furthermore, as the contracting party, you also have the option to assert claims against the transport companies if they are responsible for the delivery delays. In this case, you should keep an eye on the contract terms and the legal regulations regarding liability issues and, if necessary, take legal action to enforce your claims.
If you have any further questions or require detailed advice, I am at your disposal. I recommend that you promptly contact an experienced attorney specializing in transport and logistics law to discuss your legal options and take concrete steps to resolve conflicts.
I hope this information is helpful to you and am available for any further questions.
Sincerely,
Konrad Falk, Attorney specializing in transport and logistics law
