Delivery delay: informing customers correctly

A delivery delay creates a practical problem for carriers, freight forwarders and their customers: the consignee is waiting, the agreed date is at risk and every unclear message can make a dispute more difficult.

Informing customers correctly therefore means more than naming a new arrival time. The message should state the confirmed facts, the cause insofar as it is established, the next steps and a realistic time for the next update.

This article separates delivery delay, carriage obstacles and liability issues. It helps prepare a reliable status message and does not replace a review of the specific contract of carriage.

The first question is which delivery time was agreed. Under section 428(1) of the Austrian Commercial Code, if no time was agreed, the period is determined by local practice or otherwise by a period reasonable in the circumstances. In international carriage by road, Article 19 CMR describes delay where the agreed time limit is exceeded or, if no time was agreed, the actual duration is longer than a diligent carrier should reasonably need in the circumstances.

The customer message should therefore not simply say that delivery is delayed. It should show which agreed date or previous forecast the message refers to. This keeps it clear whether a delay has already occurred or whether there is currently only a risk of delay.

A detailed overview of delivery delays and carriage obstacles is available on the delivery delay topic page.

A useful status message answers five questions: Which consignment is affected? What date was agreed? What has actually happened? Which consequences can currently be seen? When will the next reliable update follow? This order helps the consignee plan its own operations.

The cause must be separated into confirmed facts and preliminary assumptions. An accident, official inspection, closed border crossing or technical defect should be described only to the extent supported by the available documents. A premature allocation of blame is as risky as a blanket statement that no responsibility exists.

A realistic forecast is better than a seemingly precise but unsupported promise. If the new delivery date is not yet clear, say so and name a concrete time for the next update.

Before sending the message, bring together the consignment note, order, agreed delivery time, handover records and recent status messages. Depending on the case, this also includes photographs, workshop reports, official notices, border or customs documents and previous communication with sender and consignee.

Check whether the intended recipient is the sender, consignee or another contractual party. Operational information may concern several people. Instructions concerning the goods and a change to the transport order should not, however, be divided unclearly between several parties.

The shipment documents checklist supports preparation. The contract, consignment note and actual sequence remain decisive for the legal assessment.

A delivery delay can become a carriage obstacle. If it is or becomes impossible before the destination to perform the contract as stated in the consignment note, Article 14 CMR provides for requesting instructions from the person entitled to dispose of the goods. If a delivery obstacle arises at the destination, Article 15 CMR is relevant. The customer message should then do more than announce a delay: it should identify the decision that is needed.

This may include an alternative delivery address, interim storage or another transport measure. Which solution is permitted and economically sensible depends on the contract, the goods, the right of disposal and the circumstances. A blanket promise to the consignee does not replace the required clarification.

The request, response, times and measure taken should be saved completely. This makes it possible to reconstruct whether an instruction was given in time and which costs or risks followed.

Under Article 17(1) CMR, the carrier is generally liable for delay between taking over and delivering the goods. Article 17(2) CMR addresses circumstances that the carrier could not avoid and whose consequences it could not prevent. Whether those conditions are met depends on the specific sequence and evidence.

For delay, Article 23(5) CMR also requires proof that damage resulted from the delay; compensation may generally not exceed the carriage charges. Higher compensation may be relevant only under the conditions for declaring a special interest in delivery under Article 26 CMR. A delayed delivery therefore does not automatically create a recoverable amount.

For Austrian carriage contracts, section 429(1) of the Austrian Commercial Code addresses liability for damage caused by missing the delivery time unless the delay resulted from circumstances that a diligent carrier could not prevent. The CMR liability check can structure the facts needed for the review.

A common error is to give a new delivery date without a basis. If the cause has not been resolved, a forecast can quickly become another broken promise. A supported update time with the open points clearly marked is safer.

Conflicting messages from dispatch, driver and customer service are also problematic. Establish one current source for the transport status and align the external message with it. Communication must not get ahead of the actual location of the goods or the instructions given.

Also avoid wording that, without review, admits fault, excludes liability or finally acknowledges a claim. A factual status update keeps the legal assessment open while still helping the customer.

First secure the chronology: order, agreed delivery time, taking over the goods, change in status, contact attempts, instructions and further measures. Then send the message to the right recipient with confirmed facts and the next update time.

If a freight claim or damages claim is being considered, deadlines, liability basis, evidence and applicable law should be reviewed separately. The freight claim deadline check and the transport contract checklist help prepare the documents.

Receive new articles and legal guidance from the firm through BRANDaktuelle Rechtsnews. If a delay has already led to a dispute, the communication should be reviewed together with the contract and transport documents.