(1) By the contract of carriage, the carrier is obliged to transport the goods
to the place of destination and there to the consignee.
to be delivered.
(2) The shipper shall be obliged to pay the agreed freight.
A contract of carriage is a legal contract between a shipper (consignor) and a carrier. It regulates the conditions of transportation of goods or commodities from one place to another. The contract of carriage can be concluded either in writing or orally, although a written contract is recommended in order to clearly define the rights and obligations of both parties.
The contract of carriage usually contains the following information:
- Shipper and Carrier: The contract should include the full names and contact information of the shipper (consignor) and the carrier.
- Nature of Goods: The contract should contain a detailed description of the goods or commodities being transported, including their quantity, weight, size, type, and any special requirements for transportation.
- Place of collection and delivery: the contract must specify the exact addresses for the collection and delivery of the goods. Additional arrangements can also be made, e.g. stopovers or storage of goods at specific locations.
- Delivery Date: The contract should specify an agreed delivery date or timeframe for delivery. This can be critical, especially when dealing with urgent or time-sensitive deliveries.
- Freight charges: the contract should specify the agreed freight charges or the method of calculating them. Payment terms, such as the due date for payment or a deposit, should also be included in the contract.
- Liability and insurance: The contract should clarify who is responsible for damage or loss during transport. It may be agreed that the carrier shall take out liability insurance for the transport.
- Other provisions: The contract may contain other provisions, such as limitations of liability, compensation for delays, customs clearance, permits, or special requirements for packing the goods.
It is important that both parties carefully review and understand the freight contract before signing it. If they are unclear or uncertain, they should consult legal counsel. A well-drafted freight contract protects the interests of both parties and helps to ensure smooth and legally secured transportation of goods or commodities.