Fidelis Legal Partners works in cooperation with our clients throughout their commercial life in order to prevent legal disputes that may be experienced by them. Fidelis Legal Partners, with its expert corporate lawyer team, provides consultancy services to freight forwarder companies as well as to producing companies and carrier companies. Every transection such as trade or forwarding is also a contract. The preparation phase of the contracts is a process that Fidelis Legal Partners carries out diligently so that our clients do not face forfeiture during the preparation of the contract or in the process after the contract is made. In this article, we will share with you general information about the freight forwarder contract, the duties and responsibilities of the freight forwarders.
In the commercial life, the fact that the producers undertake the task of transporting the goods they produce is an issue that causes losses both economically and temporally. For this reason, producing companies have sought an affordable way to transport goods quickly. This search has led to the establishment of freight forwarder companies that offer the most suitable transportation options to producing companies.
The first thing to know about freight forwarder companies is that these companies do not undertake the transportation business. For example, when the producing company reaches this company, the freight forwarder company, since it knows the most suitable carrier companies for the producing company, assumes a kind of intermediary role between these two companies and provides the organization. However, in the modern understanding, this situation has changed and freight forwarder companies have become able to do both freight forwarding and transportation after obtaining the necessary permits.
FREIGHT FORWARDING AGREEMENTS
The first elements of the freight forwarding agreement are the undertaking of organization the transportation business for a fee.
Since there is no limitation in the Turkish Commercial Law in terms of the environment in which the transport business will be carried out, the freight forwarder contract can be made in terms of land transports, air transports and sea transports.
Another obligatory element in terms of these contracts is that the thing to be transported is goods. Passenger transport cannot be the subject of these contracts.
THE PARTIES OF FREIGHT FORWARDING AGREEMENTS
The contract has two parties as consignor and freight forwarder. While the term consignor is used for the party who appoints the freight forwarder for the carriage of the goods in return for a fee, the term freight forwarder is used for the party who has made it his profession to organize transportation of the goods for a fee.
Since the articles in the contract will determine the scope of responsibility and on which party the responsibility will arise, the team of Fidelis Legal Partner’s expert corporate lawyers carefully examines every contract they come across and we have always been in constant communication with our clients regarding this issue.
WHO CAN BECOME A FREIGHT FORWARDER?
Real or legal persons who meet the requirements to do this job can be freight forwarder. First of all, one must have a freight forwarder authorization document and a carrier authorization document for certain situations. You can always contact the corporate lawyers of Fidelis Legal Partners to get consultancy about what these certain situations are and about your commercial activities.
TYPES OF FREIGHT FORWARDERS
We can divide the freight forwarders into three groups as “primary freight forwarder”, “sub freight forwarder”, and “successor freight forwarder”. Sometimes a freight forwarder may hire another freight forwarder to organize the work they have agreed with the sender. In this case, the party who agreed with the sender party will be the primary freight forwarder, while the party agreeing with the freight forwarder will be the sub freight forwarder. The successor freight forwarder is also the person who agrees with another freight forwarder to perform the carriage that she/he does not have to perform herself/himself, but the difference here is that the successor freight forwarder works for the sender’s account while the sub freight forwarder works for the primary freight forwarder. The type of freight forwarder is also important in terms of determining their legal responsibilities. For this reason, the team of corporate lawyers of Fidelis Legal Partners will explain to you what legal responsibilities you undertake with the contracts you have made, so that you can see your way better.
OBLIGATIONS OF FREIGHT FORWARDER
Freight forwarders have both legal and contractual obligations. The first of its legal obligations is to look after the interests of the person whom the transportation business belongs. While organize the transportation of the goods, there will be obligations such as choosing the vehicle and the way of transportation, choosing the people who will carry out the work, making contracts with them for the realization of the work, and giving the necessary information and instructions to these people. Compliance with the price determined by the sender and informing the sender are also legal obligations. The first of the obligations arising from the contract can be counted as the insurance of the goods, packaging, customs clearance, etc., if the parties agree about those topics. If freight forwarder undertakes, she/he may also have responsibilities such as receiving the goods, loading and unloading the goods.
As Fidelis Legal Partners, we provide consultancy to all our clients who are freight forwarders and working with us about how our clients can become a freight forwarder, what permits and documents they need to do business and how they are obtained, the legal responsibilities of the freight forwarders, the scope of the contractual responsibilities of the freight forwarders and how this responsibility may affect them etc.
Our team of corporate lawyers, who are experts in their fields, is always ready to provide legal advice to our clients whenever they need it. You can also contact us via WhatsApp or e-mail for more detailed information on the subject.
