Consignee: acceptance and reservations on delivery

Taking delivery does not automatically complete the legal assessment of a shipment. For a consignee, the delivery often determines whether visible damage is recorded clearly and whether the condition of the goods can still be reconstructed later.

For international carriage by road, Article 30 CMR addresses the importance of checking the goods and making reservations at delivery. For purely domestic carriage, Austrian UGB rules may give the acceptance a different significance. The route, contract, delivery and actual findings therefore have to be considered together.

This article explains what a consignee should record before signing, how to deal with visible deviations and what to do when damage is discovered later. A general formula cannot replace a factual description of the shipment and its condition.

A signature initially confirms that a handover took place. Its legal significance depends on the document, the wording, the actual condition and the applicable carriage law. The consignee should therefore not only sign, but check the shipment as far as this is possible and reasonable at handover.

The check should bring together the shipment number, package count, visible damage, open or damaged packaging, seals and special remarks. Record if a complete check was not possible, for example because some packages could not be accessed. Avoid general statements that do not show the actual finding.

The overview of the CMR and transport contract helps with the regime. The actual documents and findings at the delivery location remain decisive for the individual case.

Article 30(1) CMR addresses apparent loss or damage and requires a reservation no later than delivery. The reservation should give a general indication of the nature of the loss or damage. “Accepted with reservation” does not identify the package or the condition found.

Identify the shipment, the number of affected packages and the visible finding. Examples include torn outer packaging, a broken pallet, a missing package or an opened seal. Do not state more than was actually observable at handover.

Photographs supplement the wording but do not replace it. Have the reservation acknowledged or preserve the electronic transmission. If the carrier refuses an addition, record the refusal and time and keep the remaining delivery documents.

Not every loss or damage is apparent at delivery. Article 30(1) CMR requires written reservations for loss or damage that is not apparent. The notice period is seven days from delivery, excluding Sundays and public holidays. Article 30(4) excludes the day of delivery from the calculation.

Describe the finding, the time it was discovered, the affected packages and its connection to the shipment. Add photographs, inspection records and the consignment note where available. Mark provisional information as provisional and supplement the loss schedule in a traceable way.

Send the notice so that its content and receipt can later be shown. A message sent to the wrong recipient, an untraceable attachment or a purely oral complaint can make the assessment more difficult. The shipment-document checklist helps you bring the key records together.

A delayed delivery is a different finding from damage or shortage. Keep the agreed delivery time, actual availability, actual handover and communications about the delay separate in the file.

Article 30(3) CMR provides for written notice within 21 days from the time the goods were placed at the consignee’s disposal when compensation for delay is sought. The specific carriage and applicability of the CMR must be checked. This rule cannot simply be transferred to every domestic carriage.

If goods arrive undamaged despite a delay, that does not by itself establish the economic consequences. Preserve orders, production or onward-delivery dates and messages showing why the delay mattered. The section on delivery delay explains the carriage-law context in more detail.

Section 425 Austrian UGB defines a carrier for the Austrian carriage business. Under Section 429 UGB, the carrier is generally liable for loss, damage or delay between acceptance and delivery unless the circumstances could not have been prevented by the care of an ordinary carrier.

Section 438 UGB contains a specific rule for claims under the carriage contract: once freight and other charges secured by the goods have been paid and the goods have been accepted, claims against the carrier are generally extinguished. The provision includes an exception where damage or deterioration was established by an officially appointed expert before acceptance. Whether this national rule applies alongside or behind an international convention must be examined in the individual case.

Section 430 UGB may be relevant to calculating compensation for damage. The carrier-liability section explains the liability assessment. The CMR liability check helps structure the transport, damage and document questions, but does not replace a case assessment.

Create a short timeline immediately after delivery. Record arrival, the start and end of the check, the people present, visible findings, opened packages and every notice to the carrier or contractual partner. Link each photograph, message and record to the shipment number.

Keep the consignment note, delivery note, receipt, photographs, videos, seal numbers, inspection records and internal goods records together. If the goods must be opened, repacked, processed or disposed of, record their condition beforehand and the reason for the step. Where practical, give the carrier a reasonable opportunity to participate in an inspection.

Record the identity and role of the person who accepted the shipment. A signature alone does not answer every question about the check or a reservation. What was actually observed and stated remains important.

Writing only “accepted with reservation”: The general phrase usually does not identify the package or condition.

Postponing the check: Apparent damage should be found and recorded at delivery.

Reporting concealed damage only by phone: Check the written notice requirement and preserve proof of receipt.

Mixing delay and damage: Delivery time, condition and economic consequences need separate records.

Failing to keep the consignment note: Without the signed version, the delivery situation may be difficult to reconstruct.

First check packages, packaging, quantity and visible findings. Record the actual condition in the delivery documents and photograph it before further changes. For concealed damage, preserve the discovery time and report the finding in writing.

Then identify the route, carriage contract and applicable law. For a first structure, use the CMR liability check and the shipment-document checklist. Further legal updates are available through BRANDaktuelle Rechtsnews.

If the damage is disputed, a substantial value is affected or compliance with a notice period is unclear, have the consignment note, delivery receipt, photographs, reservation, correspondence and loss schedule assessed promptly. Mag. Bernhard Brandauer, Austrian attorney-at-law, will discuss the next sensible steps with you.