Review the transport contract
Clarify before carriage who owes which service, which information governs and how risks are documented.
This checklist helps clients, shippers, carriers, freight forwarders and consignees review a transport contract in a structured way before performance.
A transport contract rarely consists of one document only. The order, consignment note, quotation, general terms and later instructions may jointly determine which carriage is owed. Unclear roles, missing information about the goods or conflicting delivery dates make performance and later proof more difficult.
Do not review the price alone. The service itself, collection and delivery points, agreed delivery time, treatment of the goods, documents and the rules for changes or obstacles matter as well. For an international carriage of goods by road, also check whether the CMR Convention applies.
Work through the list for the specific carriage. Mark points that have not been agreed or remain open, and keep the relevant versions of the contract, order and consignment note together.
Work through the points before the goods are taken over and again after any material change. The list does not replace a review of the specific contract and the actual transport chain.
0 of 35 points completed
01 Define the parties and roles clearly
First establish who orders the carriage, who performs it and who is to receive the goods.
02 Review the scope and contract documents
The legal framework and the order of precedence between documents must fit the actual carriage.
03 Describe the goods, packaging and special requirements
The more precisely the goods and their treatment are described, the clearer the performance obligation becomes.
04 Regulate route, delivery time and instructions
The operational performance must be described so that deviations and obstacles can be assessed later.
05 Secure the consignment note and evidence
The transport documents should show the agreed transaction and the actual performance without contradictions.
06 Clarify price, liability and claim protection
Costs and liability rules belong together, but neither should be treated as a blanket insurance policy.
07 Prepare for amendments and disputes
Amendments and instructions must remain provable even after carriage has started.
What matters legally
Under section 425 UGB, a carrier is a person who undertakes to carry goods by land or on inland waters. The label used in a document is therefore not always decisive. The order, actual activity and contractual chain may determine the legal classification.
Section 426 UGB lists important information for a consignment note. Section 427 UGB requires the consignor to provide documents needed for customs, tax or police requirements. Section 428 UGB addresses the delivery period and certain obstacles to carriage. Sections 429 to 432 UGB contain specific rules on carrier liability, persons used and successive carriers.
For carriage of goods by road for reward between different countries, the CMR Convention may apply. Article 6 CMR lists central consignment-note information, Article 7 addresses the consignor’s responsibility for certain statements, Article 8 the carrier’s checks at takeover and Article 9 the evidentiary effect of the consignment note. Articles 30 and 32 CMR concern different questions: reservations on delivery on the one hand and limitation on the other.
This checklist organises contractual and transport data. Whether a clause is effective, which liability limit applies or which notice and limitation rule governs depends on the original documents, route, roles and actual events.
This checklist provides general guidance on Austrian and international transport law. It does not replace a review of the specific transport contract, carriage and roles involved.
Your next step
Mark the open contract questions and bring all relevant documents together in their current version. Before the goods are taken over, clarify in particular the roles, goods description, delivery time, liability and amendment process.
Further legal sources
The following official sources provide further information on rules that may be relevant to the transport contract, consignment note, accompanying documents, liability and claims.
- CMR Convention, UNECE
- Section 425 UGB, carrier, RIS
- Section 426 UGB, consignment note, RIS
- Section 427 UGB, accompanying documents, RIS
- Section 428 UGB, delivery period and obstacle, RIS
- Section 429 UGB, carrier liability, RIS
- Section 432 UGB, successive carriers, RIS
- Section 433 UGB, consignor’s right of disposal, RIS
- Section 437 UGB, delivery obstacles, RIS
- Section 439 UGB, limitation, RIS
- EU law in the EUR-Lex portal
Related topics and tools
CMR and the transport contract
Scope, contract documents and key rules for international carriage by road.
Consignment note and documentation
Which information, accompanying papers and reservations make the carriage traceable.
Freight forwarding and logistics contracts
The distinction between arranging carriage, carrying goods and other logistics services.
CMR liability check
Assess liability, damage, defences and missing documents interactively.
Review shipment documents
Compare the order, consignment note, goods information and accompanying papers before handover.
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Mag. Bernhard Brandauer, Rechtsanwalt
BRANDAUER Rechtsanwälte
Guidance on freight law matters in Austria.
Discuss your matter
Guidance on freight law matters in Austria.
Discuss your matter
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