Consignment note and documentation

Under the CMR, an international carriage by road is confirmed by making out a consignment note. Its absence, irregularity or loss does not normally affect the existence or validity of the carriage contract. The note nevertheless remains important evidence of the agreed conditions and the carrier's receipt of the goods.

The Austrian Unternehmensgesetzbuch also allows the carrier to require a consignment note. It should include the place and date of issue, the carrier, consignee, delivery place, description of the goods, supporting documents, freight and special arrangements. The sender is responsible to the carrier for the accuracy and completeness of the particulars entered in the note.

The CMR lists the date and place of issue, the sender and carrier, the place and date of taking over, the delivery place and the consignee as core particulars. It also covers the usual description and packing method of the goods, the generally recognised description of dangerous goods, the number of packages, marks and numbers, the gross weight or another quantity and the carriage charges and other costs incurred up to delivery.

Further particulars may be useful for the specific carriage. These can include instructions for customs formalities, an agreed delivery period, a list of documents handed to the carrier, insurance instructions, cash on delivery arrangements or a declaration of special interest in delivery. Entries should be clear, verifiable and consistent with the order.

When taking over the goods, the carrier must under the CMR check the statements about the number and marks of packages as well as the apparent condition of the goods and packaging. If the carrier cannot reasonably check a particular or sees an apparent packaging problem, a specific reservation with its basis should be entered in the consignment note.

A general statement such as “subject to reservation” rarely explains what was actually observed. It is more useful to identify the package, visible damage, missing access to a check or the difference in number and marks. The sender should consider whether an express acceptance of the reservation is needed for it to bind the sender.

The documents needed for customs, tax or police formalities must reach the carrier in time. Under the CMR, the sender must attach the necessary documents to the consignment note or place them at the carrier's disposal and provide the information required for the formalities. The Austrian Unternehmensgesetzbuch contains a comparable responsibility for supporting papers.

The record should show which documents were handed over, when and to whom. For cross-border carriage, additional Union or customs requirements may apply depending on the goods, route and movement. The consignment note is not a substitute for a specific customs or dangerous goods assessment.

The CMR treats the consignment note as prima facie evidence of the carriage contract, its conditions and the carrier's receipt of the goods. If it contains no specific reservations, the goods and packaging are generally presumed to have appeared in good condition at handover and the package count and marks to have matched the note. That presumption can be challenged, but incomplete records make the task harder.

At delivery, the parties should therefore record more than a signature. Visible damage, missing packages, damaged packaging or delivery deviations belong in the proof of delivery. If concealed damage is discovered later, preserve the packaging, time of discovery, photographs and communications with the parties.

A reliable document trail begins before collection. The shipper reconciles the order, goods description and packing list and assembles the supporting documents. At handover, the parties check packages, marks, packaging and visible issues. During carriage, instructions, delays and changes are recorded with a date, sender and reference to the shipment.

At delivery, the time, consignee, condition and reservations are recorded. Afterwards, the documents should be brought together in one shipment file. This allows the contract, consignment note, delivery note, photographs, customs papers and communications to be assessed as one record instead of being reconstructed from separate mailboxes.

Contradictions should not be silently corrected by changing the consignment note afterwards. First establish which document was created when, who supplied the information and whether the goods had already been taken over or delivered. Corrections should remain traceable and must not conceal the original position.

In a damage, loss or delivery-time dispute, the complete evidence chain matters. A legal assessment should therefore include the consignment note, order, terms, delivery note, photographs, weight records, messages and any customs documents.