When ordering transport, establish what the contractor is responsible for and exactly what the price includes. Calling a document a “freight forwarding order” does not, by itself, mean that the company undertakes only to organise transport. The substance of the agreed service and the purpose of the contract matter. [1]
Carriage and freight forwarding in practice
A carrier undertakes to carry goods for payment. A freight forwarder provides services related to dispatch, receipt or the organisation of carriage. Under Polish law, the forwarder is responsible for selecting carriers and further freight forwarders unless it is not at fault in that selection. It is also responsible for its own organisational duties. When it carries the goods itself, it also has the rights and obligations of a carrier. [1, Articles 774 and 794–800]
A company that has undertaken the obligation of carriage does not automatically become solely a freight forwarder by subcontracting the journey. For carriage covered by CMR, the Convention's provisions on liability for persons involved in performance are also relevant. [2]
Ten terms to include in the order
This is a practical minimum to agree, not a list of statutory conditions for the validity of every contract.
- Parties and scope: carriage or freight forwarding, representation and subcontracting.
- Locations: full addresses, countries, sequence, gates and references.
- Timing: goods readiness, time windows, time zone and delivery booking.
- Cargo: type, quantity, dimensions, gross weight and packaging.
- Equipment and handling: vehicle, tail lift, securing, stacking and loading responsibilities.
- Formalities: ADR data, any exemptions and customs obligations.
- Price: currency, costs included in the freight charge and VAT treatment.
- Surcharges: time included, rates, billing units and evidence of waiting time.
- Documents: CMR/POD, format, originals, billing address and payment.
- Changes and incidents: decision makers, cost approval, damage and insurance.
For a 3.5-tonne van, the number of pallet spaces does not determine the permitted cargo weight. To obtain a quote, provide the gross weight including pallets and packaging, and the dimensions of each unit.
How to define waiting time so it can be charged
The clause should state when counting begins and ends, and which causes of waiting are chargeable. Arrival before the agreed slot does not necessarily start chargeable waiting time.
An example mechanism to agree
“The price includes 60 minutes of handling at each location, counted from notification that the vehicle is ready, but no earlier than the start of the time window. Further waiting attributable to the customer or the designated location: EUR 40 excluding VAT per hour, calculated pro rata by the minute, with notification and agreed confirmation of the time. Time attributable to the carrier is excluded.”
This is an example, not an AMG Trans tariff. With 140 minutes of handling, 80 minutes would be chargeable, amounting to EUR 53.33 excluding VAT. A rule charging “for each hour or part thereof” would produce a different result and requires separate agreement.
Times can be documented using gate or warehouse records, POD and GPS. A warehouse worker's signature next to the departure time does not, by itself, mean that the customer has agreed to the price. Separately establish who may approve an additional stop, transshipment or storage costs.
A short RFQ template
“Please quote for the supplied route and cargo specification, confirming the contractor's role and the subcontracting arrangements. Please specify the vehicle and its parameters, the base price, included costs, included handling time, and the rates and confirmation procedure for surcharges. Please set out the delivery booking arrangements, change procedure, required documents, CMR/POD workflow, payment terms and scope of insurance.”
Attach the addresses, time windows, number of units, dimensions, gross weight and special requirements to the message. Without these details, you may be comparing offers with different scopes.
Send the complete details to AMG Trans
Send your enquiry to hello@amg-trans.eu. Agreeing the specifications and documents in advance will make quotation easier. See also our guide to transport documentation (PL).
FAQ
Does the name of the order determine liability?
No. The obligations undertaken, the arrangements and the applicable rules must be assessed.
Does every surcharge require fresh approval?
If the calculation mechanism has been clearly agreed, it is applied according to the contract. A new scope of service or an unagreed cost should be confirmed, taking account of the rules for handling impediments.
Can any contractual clause change CMR?
No. Article 41 limits the effect of provisions that contravene the Convention. Signing a form does not remove that limitation.