At a Glance
- Legal basis
- Sections 407 ff. HGB, CMR Art. 6
- Liability for incorrect details
- Yes, unlimited
- Dangerous goods duties
- Classification, documentation, marking
The legal definition of the consignor
Under section 407 HGB (contract of carriage), the consignor is the party who concludes the contract of carriage with the carrier and hands over the goods for carriage. They are not necessarily the same as the seller or the owner of the goods. Under freight forwarding contracts (section 453 HGB) the sender places the order with the forwarder, who then acts as consignor towards the carrier. This distinction is decisive for questions of liability.
Duties of the consignor
The consignor is obliged to give complete and correct details of the goods, weight, dimensions and packaging. For dangerous goods they must carry out the ADR classification and provide all required documents. Incorrect details can establish the consignor's liability even where the damage only occurs during transport. The consignor must also pack and mark the goods appropriately for carriage.
Liability of the consignor
If the consignor gives incorrect details of the weight, contents or dangerous goods properties, they are liable for all resulting damage – including towards third parties. Breaches of dangerous goods rules can carry criminal consequences. In relation to the carrier, the consignor may also be liable for demurrage if the goods are not made available on time.
Consignor vs sender vs seller
These three roles are frequently confused. The seller is a party to the contract of sale. The sender places the forwarding order. The consignor is a party to the contract of carriage. In many cases all three are the same person, but in forwarding business involving several parties they can diverge. Clearly defined contractual chains avoid gaps in liability.
