Freight forwarding and logistics contracts

Section 407(1) UGB describes forwarding as arranging the consignment of goods through carriers or sea carriers for the sender's account but in the forwarder's own name. The forwarder therefore typically undertakes to organise the consignment. It does not have to perform the carriage with its own vehicles.

The relationship with the carrier must be distinguished from the relationship between sender and forwarder. Section 407(2) UGB applies, where the forwarding section contains no special rule, provisions concerning commission agents. These include provisions on receiving, storing and insuring the goods. The precise duties also depend on instructions, standard terms and the actual performance.

Section 425 UGB defines a carrier as a person who undertakes to perform the carriage of goods by land or on rivers or other inland waters. The focus is therefore the actual carriage from handover to delivery. For international carriage by road, the CMR may also provide the relevant framework.

One business may take on several roles in a single order. A company that first organises transport but undertakes to perform it towards the customer cannot be classified only by the label freight forwarder. The order, consignment note, invoices and the actual use of vehicles and subcontractors should be assessed together.

A logistics contract may combine carriage, storage, handling, picking, packaging, inventory management, customs support or digital data exchange. Austrian law does not provide one single statutory regime for every logistics contract. Depending on the focus, elements of carriage, forwarding, storage, contract for work and services may apply alongside one another.

The overall arrangement matters. Consider the tasks undertaken, control over the goods, the handovers and whether a specific result or only an activity is owed. A clear service description reduces later disputes about the role and the applicable liability standard.

A sound contract first describes the shipment and process: type of goods, quantity, packaging, collection and delivery places, time windows, route, loading equipment and special requirements. Temperature-controlled, sensitive or dangerous goods require additional rules on temperature, packaging, marking, monitoring and reporting deviations.

The contract should also cover instructions, approvals and the use of other businesses. Agree who may appoint carriers, when a replacement is allowed, which documents must be available and how delays are reported. Remuneration, invoicing, retention, insurance, liability limits and electronic records matter just as much.

Collection places, delivery times, consignees, customs requirements or packaging may change during transport. Such changes should not be passed on only by telephone. The original order, instruction, acceptance and implementation should remain linked to the shipment.

A forwarding or logistics order also requires a check whether an instruction can still be implemented in time and who bears resulting costs or delays. Time stamps, sender, approval, shipment reference and the provider's response are especially useful for a later assessment.

Damage often arises at a handover, during handling, in storage or because of incorrect particulars rather than during the drive itself. The assessment therefore requires clarity about when the goods were taken over, who could inspect them and which records describe their condition. The carrier liability page explains loss, damage and delay in more detail.

For international carriage by road, CMR liability rules may apply. Other services or stages may be governed by Austrian rules and contractual arrangements. Liability limits, exclusions and insurance clauses should not be read in isolation. The key questions are which loss arose in which service and under what circumstances.

Cross-border transport adds rules depending on the route, goods and businesses used. For international carriage by road, the CMR is a central starting point. Depending on the activity, Union rules on access to the road transport market, cabotage, drivers and vehicles may also matter.

Not every cross-border service automatically falls under the CMR. Consider the mode of carriage, the places of taking over and delivery and the promised service. Customs documents, import and export, delivery terms and official requirements should be assessed separately. Records should show which party undertook each part.

A contract may look clear on paper while the daily process follows different rules. Compare the offer, framework agreement, individual order, consignment note, warehouse entries, invoices and complaints. If the contract conflicts with automated transport-management workflows, evidence and liability risks arise.

Before a new logistics relationship starts, agree which data is exchanged, who approves deviations and which records remain available in a dispute. An existing contract deserves review when new warehouses, countries, subcontractors or digital interfaces are added.