Factoring in insurance matters at the planning stage
With our many years' experience, we advise clients to integrate the logistics partner right from the project planning stage. In this way, the distribution of commercial risks between the parties involved can be dealt with before a contract is concluded. This is important, for instance because different liability structures and limitations – depending on the mode of transport – can affect the drafting of the contract.*
Selecting comprehensive insurance cover
With the revised version of the General German Freight Forwarding Terms and Conditions (ADSp)** there has been no further transport insurance via the logistics service provider since January 2003. To maintain comprehensive insurance cover, the client must request the logistics partner to take out the necessary policy. We recommend transport insurance cover regardless of the transport-related risks. This insurance covers all damage or loss to goods which have been insured, irrespective of whose area of transport-related risk the damage/loss occurred in.
Insurance for international transport contracts
Foreign trade contracts for international freight forwarding are governed by Incoterms® 2010. Incoterms are unified, globally recognised terms and conditions of contract and delivery which facilitate standardised processing in international transport business. They define the distribution of costs and risks between the parties to the contract as well as the duty to act with due diligence.
And if damage does occur in the course of transportation…
If you wish to submit a claim for damages, you should endeavour to secure proof of the damage as speedily as possible. In doing so, you should adhere to the following four rules:
- Examine your goods for possible damage as soon as you take receipt of them.
- If there is any damage, make an immediate written claim on the freight document.
- Notify us in writing about any damage which has occurred.
- Set the damaged goods aside so that they will be available for inspection.
*Cf. German Commercial Code (HGB), Contract for the International Carriage of Goods by Road (CMR), Contract for the International Carriage of Goods by Rail (CIM), Contract for the International Carriage of Goods by Inland Waterway (CMNI) and various international air and maritime freight agreements.
**ADSp: Abbreviation for General German Freight Forwarding Terms and Conditions; the amendments came into effect on January 1, 2003.