Recipient (shipping)
Receiver ( English receiver, consignee ) is a legal term of the maritime trade law for the beneficiary from a sea freight contract .
General
Its counterpart is the charterer or authorized by this shipper , which the cargo to the shipper on the merchant ship delivers . The carrier is thus the transport company mediating between the carrier and the recipient . Since the transport is overseas , the recipient is always also an importer , and the shipper is an exporter . In the case of the freight contract , he is also called the recipient ( Section 407 (1) HGB ), who must be specified in the consignment note ( Section 408 (1) No. 5 HGB) and in the bill of lading ( Section 515 (1) No. 6 HGB).
Legal issues
After the goods have arrived at the discharge point , the recipient is entitled in accordance with Section 494 (1) of the German Commercial Code (HGB) to demand that the carrier deliver the goods to him in return for compliance with the obligations under the general cargo contract. By presenting the bill of lading in accordance with Section 494 of the German Commercial Code in conjunction with the General German Forwarding Conditions (ADSp), the recipient can demand that the carrier surrender the goods against payment of the freight and expenses in the case of " freight collect ". He has an actionable right to extradition when the ship has arrived at the port of destination.
If the goods are damaged, delayed or lost, the recipient can assert claims from the general cargo contract in his own name against the carrier; the charterer also remains entitled to assert these claims. The carrier is thus liable for proper sea transport; he owes the recipient the success of the transport.
The statutory lien filed by carriers on cargo consists according to § 495 para. 3 HGB also after delivery continued if the shipper makes it in court within ten days after delivery and the goods are still in the possession of the receiver.
Individual evidence
- ^ G. Tyler, Are Freight Claims the Shipper or Receiver's Responsibility? , accessed on April 19, 2013 (English)
- ↑ Freight Shipping Terms & Definitions, Consignee , accessed January 14, 2018 (English)
- ↑ Extract from the freight law in the HGB and in the ADSp , rights and obligations of the recipient , accessed on January 14, 2018
- ↑ Außenwirtschaftsforum.de, The ship is in port, but the recipient does not receive the goods , accessed on January 14, 2018
