At the very beginning of the entire chain in international transport stands the consignor (shipper). All obligations are regulated by different conventions (CIM, CMR, SMGS, …) depending on the mode of transport. Some of these obligations can be transferred if the consignor does not want to deal with them, but not all. This often leads to misunderstandings, where the consignor discovers the harsh reality that liability for possible damages or delays remains in their hands.
Obligations of the consignor:
1. provide the carrier with accurate information about the content of the shipment, its nature, type, weight, and number of packages
2. hand over to the carrier all documents required for transport no later than at the time of delivery of the goods
3. ensure appropriate packaging of the goods and proper stowage in the transport vehicle
Payer for transport =/= Consignor
Often, the consignor is an expert in their field of business but has little interest in understanding logistics bureaucracy. In practice, a common situation arises where the consignor agrees with the consignee that the consignee will cover the transport costs. The consignment note is then hastily filled out – sometimes even by the consignee – and submitted, for example, to the railway. At this point, the consignor feels relieved: they handed over the consignment note, their role in the responsibility chain is over, and they watch the wagons leave the siding. But if the train is later stopped because of an error in the consignment note, the unpleasant truth sets in.
Why should the consignor be liable for this error? After all, they did not pay for the transport and the consignee filled in the consignment note. Legally, the responsibility lies with the person recorded as the consignor on the consignment note – period. Thus, the consignor bears the costs of the delay.
How to avoid this liability?
Given how much delays cost in the logistics industry, ignorance has a high price. Consignors understandably want to escape this responsibility. Not every consignor has a logistics department available, especially when the consignor is not the manufacturer but rather a trader.
The safest option in such a case is to involve a freight forwarder, who will then appear in the documents as the consignor. In this scenario, the original consignor no longer has the duty to provide documents upon handing over the consignment – instead, the freight forwarder takes on this bureaucratic task and also accepts liability for possible damages caused by documentation errors.
Packaging and stowage of goods
The most important responsibility of the consignor is proper packaging and securing of the goods in the transport vehicle. Failure to meet this duty can cause not only damage or destruction of the goods and the vehicle but also tragic accidents, particularly in road transport.
Many consignors assume that once the carrier accepts the loaded goods, the carrier accepts full liability. But is that really so? This is a very fine line: yes, the carrier assumes responsibility after accepting the goods, but what could they realistically check? The carrier is not able to unwrap, for example, palletized goods covered in shrink wrap. In the event of damage, the carrier will do everything possible to disclaim responsibility. For this reason, it is in the consignor’s best interest to ensure that the cargo is properly prepared for transport. One must consider all forces that may act on the goods during transit or consult with an experienced freight forwarder.
A professional freight forwarder also considers situations where even regulatory securing measures may be insufficient – for example, during rail shunting, when wagons can collide with significant force. The fault may be on the side of the carrier, terminal, or marshalling yard – but who will admit to it? The loss usually falls back on the consignor for “insufficient” securing of the goods.
How to avoid responsibility for proper packing and securing of goods on the transport vehicle?
In practice, the consignor is always the party responsible for appropriate packaging and securing of the cargo. This obligation is explicitly stated in international conventions and automatically applies to anyone recorded as the consignor in the consignment note. If packaging is insufficient, the carrier may note this in the consignment note, limiting their liability – but if the defect was not apparent, liability remains with the consignor.
The only way to transfer this responsibility is through a clear contractual agreement with a freight forwarder or a third party who will explicitly take over the consignor’s duties in packaging. That party must then be listed as the consignor in the consignment note and is responsible for performing all packaging work according to regulations.
Therefore, the most reliable way is to engage a professional freight forwarder from the start, who will be contractually recognized as the consignor. In that case, they bear the responsibility for packaging quality, and their legal liability equals that of the original consignor. However, it is crucial that all such arrangements are properly documented both in the contract and in the consignment note – if not clearly defined, liability automatically remains with the original consignor, regardless of who actually packed the goods or paid for the packing.
Accuracy of information about the goods
Providing the carrier with accurate and precise information about the shipment’s content, nature, type, weight, and number of packages is absolutely critical for safe, efficient, and legally compliant international transport.
This duty is generally non-transferable, because only the consignor – most often the manufacturer, who created the goods or has direct control over them – truly knows all the details about the product, its specifications, potential risks, or hazards.
The consignor knows the exact parameters, composition, special handling requirements, storage needs, or specific dangers (e.g. chemicals, fragile goods, oversized cargo) that must necessarily be communicated to the carrier. The carrier works only with the information provided and usually has neither the possibility nor the authority to fully analyze the contents of the shipment or the manufacturing details.
If such information is incomplete or misleading, risks arise not only for transport efficiency (such as using the wrong vehicle, improper securing, or unsuitable packaging), but also for potential damage to the goods, damage to the vehicle, endangerment of people, or risks to other shipments.
In the event of an incident, liability almost always falls on the consignor because they are the only party who could have provided this information truthfully – no third party has access to the product manufacturing details or complete technical data.