Forwarding order precedes the conclusion of the contract, under which the freight forwarder undertakes, for a remuneration, to dispatch or collect the goods or to perform other services associated with the transport thereof. It is crucial to remember that the nature of the contract does not originate from its name, but from its content.
Forwarding order vs. transport order
Forwarding order differs from the transport order in that the transport contract specifies only the date of loading and unloading, as well as the direction of the destination of goods. The forwarding contract should include the details of transport arrangements.
The forwarding order usually includes such terms in the document title as “Forwarding order” or “Order for organization of transport”, whereas in the transport order characteristic are: “Transport order” or “Carriage order.” It is important to use the words “Rate” or “Rate for the service” as the price for a service performed under the forwarding order, and in case of the transport order – “Freight” or “Payment for freight.”
Forwarding orders vs. CMR
An essential element is to put in the contract the information about the legal basis of the forwarding order (Civil Code) and the transport order (CMR Convention and the Act on the Transport Law).
The consequences of the erroneous nature of the contract
The consequence of making a mistake in the contract is the level of liability, which is different in the case of the freight forwarder and the carrier. The forwarder is responsible in principle for the selection of the carrier, while the carrier takes full risk associated with the transport of the load. An important result of the erroneous nature of the contract may be the loss of insurance coverage. It is crucial to remember not only about the freight forwarder’s liability insurance, but also the road carrier’s liability insurance. To avoid unpleasant consequences associated with the payment of compensation from one’s own pocket, the bill of lading must include forwarder’s details.