Book a freight forwarder without the quote round

Freight forwarder or carrier: who owes what?

In everyday German, almost any transport company is called a "Spedition". Legally, there is a clear difference. The carrier undertakes to transport the goods to their destination and deliver them there (Section 407 of the German Commercial Code, HGB). The freight forwarder undertakes to arrange the shipment (Section 453 HGB): it determines the means of transport and route, selects the companies that carry it out, concludes the necessary contracts and looks after the sender's interests (Section 454 HGB).

In practice the line blurs quickly. If the forwarder carries the goods itself, it has the rights and duties of a carrier (self-entry, Section 458 HGB). The same applies if a fixed price is agreed that includes the transport costs (fixed-cost forwarding, Section 459 HGB), and if it groups your shipment with others in consolidated freight (Section 460 HGB). In these cases it is also liable for the carriers it uses (Section 428 HGB).

For you as the customer this means: if you book at a fixed price, you are generally dealing with carrier liability – the rules and liability limits of Sections 425 ff. HGB, not the weaker liability for mere organisational errors. The glossary explains the term carrier.

Groupage, part load, full load: which load type fits?

The load type determines price, transit time and how often your goods are handled.

Groupage (LTL): individual pallets or packages that are bundled with shipments from other senders. The goods are collected, cross-docked at a depot, often routed via a hub and delivered by the destination depot. Good value for one or a few pallets without time pressure, but with transshipment and delivery on one of the following working days. More under groupage.

Part load: your goods take up a larger part of a lorry and usually travel without a depot transfer; the carrier uses the remaining space for other loads.

Full load (FTL): a whole lorry runs only for you. A standard semi-trailer offers 13.6 loading metres, which equals 33 to 34 euro pallets; one euro pallet takes up 0.4 loading metres.

In between sits the direct drive by van or 3.5 t box truck: the full-load principle in a smaller vehicle, suited to one to eight pallets, furniture or equipment that has to arrive quickly. The loading metre calculator works out how much load space your shipment needs.

What belongs in a forwarding order?

Clause 3 of the German forwarders' terms ADSp 2017 sets out what the customer must tell the forwarder in good time. That gives a practical checklist:

Addresses of the loading and unloading points, with contact person, opening or gate times and access notes.

Type and nature of the goods and the gross weight including packaging and pallets.

Number, type, marks and numbers of the packages; for pallets also dimensions, height and stackability.

Special characteristics such as perishability or risk of breakage, the value of the goods and the delivery deadline.

For dangerous goods: quantity, type of hazard and classification under dangerous goods law, in text form.

For valuable or theft-prone goods: type and value in text form, so the forwarder can decide on acceptance and security measures.

On top of that come points that are missing unless agreed: pallet exchange, loading equipment such as a tail lift, advance notice to the recipient. Under Section 408 HGB the carrier can ask for a consignment note; an electronic consignment note has equal standing. There is a template for the written order under transport order template, and the mandatory details of a consignment note are in the glossary.

ADSp 2017: what the German forwarders' terms cover

The General German Freight Forwarders' Terms and Conditions 2017 (ADSp 2017) are the standard business terms of German forwarders and are jointly recommended by shippers' and logistics associations. They apply if they have been incorporated into the contract. Four points matter most for customers:

Business only: the ADSp do not apply to transport contracts with consumers (clause 2.4). For private customers, the HGB and its protective rules apply.

Liability: for damage to goods in the forwarder's custody, the limit is in principle 8.33 Special Drawing Rights per kilogram (clause 23.1.1), and 2 SDR per kilogram for transport involving a sea leg. On top of that there are maximum amounts per claim.

Higher liability: if you ship valuable goods, you can agree higher liability through a declaration of value or an individual agreement, or insure the goods yourself.

What is not included automatically: unless expressly agreed, the order covers neither the provision and exchange of pallets nor loading and unloading, unless circumstances or custom say otherwise (clause 4.8). So settle these points in writing in the order.

A freight forwarder near you: what really matters

Anyone looking for a forwarder nearby usually wants two things: a quick pickup and someone who knows the local conditions. The company's registered address says little about either. What matters is where its vehicles operate and how the shipment is handled.

For groupage, the location of the depot is relevant because local collection starts from there; delivery is then usually handled by a partner in the destination area. For part and full loads, what counts is whether a suitable lorry is available in the region.

For shipments within NRW – a pallet from Duisburg to Cologne, furniture from Düsseldorf to Essen, spare parts to the Bergisches Land – a forwarder is often not the fastest route. A direct drive by van or 3.5 t box truck can often collect the same day and travels without a depot. At Maxmove you see the instant price and the earliest pickup window before you book; you will find your city under courier service in NRW.

Ask every forwarder in advance: who collects, is the shipment cross-docked, how and how far is it delivered, and what do a tail lift or advance notice cost?

Loading, waiting time, delivery deadline: who is responsible?

Many disputes with forwarders arise not on the road but at the loading dock. German commercial law divides the roles clearly:

Loading and unloading: in principle the sender is responsible for loading the goods safely for transport and also for unloading them, and the carrier for loading that is safe for the vehicle's operation (Section 412 HGB). Deviations follow from agreement, circumstances or custom.

Packaging: the sender must pack the goods so they are protected, and stow and secure goods on pallets safely for transport (Section 411 HGB).

Waiting time: a reasonable loading and unloading time is included in the price. If the lorry has to wait longer for reasons outside the carrier's sphere, the carrier is entitled to demurrage (Section 412(3) HGB).

Delivery deadline: the agreed period applies or, without an agreement, the period that a diligent carrier could reasonably be allowed (Section 423 HGB).

Damage reports: visible damage on delivery, hidden damage within seven days in text form, delay within 21 days (Section 438 HGB).

So a fixed deadline always belongs in the order in writing, as does the question of who loads and unloads, and with what equipment.