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Forwarder or Carrier?

posted 1 week ago

IN MANY LOGISTIC CONTRACTS, ONE WORD DECIDES THE RISK: FORWARDER OR CARRIER. ⚖️

Freight Forwarders and 4PLs are often asked for full cost transparency and continuous freight cost optimization and to pass-through freight pricing without mark-up. At the same time, they are expected to contract with carriers in their own name, prepay freight, and assume liability for cargo loss, damage and delay.

This combination in contracts leads to the concentration of the economic downsides and the legal exposure on the side of the freight forwarder — and the dispute starts when the first claim hits when the fees are not covering the risks.

This carousel summarizes the practical differences (and the “grey zones”) between freight forwarders and carriers under German law.

What to clarify in the contract:
• Role & scope (organizing vs. carrying; when the role changes)
• Pricing model (fixed fee including freight vs pass-through freight+fee)
• Liability & claims workflow (limits, documentation, recourse, insurance
interface)

Where is the line drawn in current agreements?

General information only, not legal advice.

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