How can I protect myself as a freight forwarder against the risk of cargo damage?
June 30, 2023 | 40,00 EUR | answered by Leonie Maier
Dear Transport and Logistics Lawyer,
My name is Isabel Krebs and I work as a freight forwarder in a logistics company. Lately, we have been experiencing an increase in cases of cargo damage during transportation. This not only results in financial losses for our company, but also damages our reputation with our customers. I am very concerned about how I can protect myself as a freight forwarder from this risk in order to prevent future damages.
The current situation is as follows: We regularly transport goods for various customers and are responsible for their safe and intact delivery. Unfortunately, it is common for the cargo to be damaged during transport, whether due to mishandling, inadequate securing, or external influences. This not only leads to high costs for compensation claims, but also to a loss of trust with our customers.
I would like to know what legal options are available to protect myself as a freight forwarder from the risk of cargo damage. Are there specific contract clauses that I can agree with my customers to limit my liability? What insurance policies are advisable to be covered in case of damage? Are there specific measures I can take to increase the security of the cargo during transport?
I would greatly appreciate it if you could provide me with specific tips and recommendations on how I can protect my company as a freight forwarder from the risks of cargo damage. Thank you in advance for your support.
Best regards,
Isabel Krebs
Dear Mrs. Krebs,
Thank you for your inquiry regarding securing against cargo damage as a freight forwarder in a logistics company. It is understandable that you are concerned about the financial losses and reputation of your company that can result from such damages. There are indeed various legal options available to protect yourself as a freight forwarder from the risk of cargo damage.
One of the most important measures you can take is to agree on specific contract clauses with your customers. In these clauses, you can, for example, establish liability limitations that limit your responsibility for cargo damage. However, it is important that these clauses are clearly and unambiguously formulated to be legally effective in case of damage. It is therefore recommended to consult an experienced lawyer in transport and freight forwarding law to ensure that the clauses are legally correct.
Furthermore, taking out transport insurance is a sensible measure to protect yourself against cargo damage. Transport insurance generally covers damages that occur during transportation, whether it be theft, damage, or loss of cargo. There are different types of transport insurance, such as cargo insurance or transport liability insurance, which can be taken out according to your needs.
To increase the security of the cargo during transportation, it is important to take appropriate safety measures. This includes properly loading and securing the cargo in the transport vehicle to avoid movements and damages during transportation. Also, choosing qualified and reliable transport companies can help minimize the risk of cargo damage.
In summary, securing against cargo damage as a freight forwarder requires various legal and insurance measures. By agreeing on contract clauses, taking out transport insurance, and implementing appropriate safety measures, you can protect your company against the risks of cargo damage.
I hope this information is helpful to you and I am available for further questions.
Best regards,
Leonie Maier
Lawyer specializing in transport and freight forwarding law
