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Contract and Commercial Law Act 2017

Other commercial matters - Carriage of goods - Kinds of contract of carriage and effect on liability of parties

250: Requirements for contract for carriage at owner's risk

You could also call this:

“Rules for making a contract to carry goods at the owner's risk”

If you want to make a contract for carrying goods at the owner’s risk, you need to follow certain rules. You have two options for this kind of contract. The first option is to write the contract down, clearly state that it’s at owner’s risk, and have both you and the other person (or your representatives) sign it. The second option is to sign a special statement before or when the goods are accepted for carriage. This statement must say that the contract is at owner’s risk.

If you choose the second option, you can put the statement on the consignment note (a document that goes with the goods) or on any other paper related to the carriage. But if you do this, the statement must be easy to see and you must sign it separately.

There’s one more important thing to remember. The contract must also meet a requirement mentioned in section 253 of the law. This requirement is necessary for the contract to be valid as a carriage at owner’s risk.

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249: Particular kind of contract of carriage is matter for agreement subject to meeting requirements for that kind, or

"You can choose how to carry things, but you must follow the rules"

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251: Requirements for contract for carriage at declared value risk, or

"Rules for making a special shipping agreement with a set value"

Part 5 Other commercial matters
Carriage of goods: Kinds of contract of carriage and effect on liability of parties

250Requirements for contract for carriage at owner's risk

  1. A contract can be a contract for carriage at owner’s risk only if—

  2. either—
    1. the contract is in writing, is expressed to be at owner's risk, and is signed by the parties or their agents; or
      1. before, or at the time when, the goods are accepted for carriage, the contracting party or the party’s agent signs the following statement:
      2. the requirement in section 253 is met.

        1. For the purposes of subsection (1)(a)(ii), the statement may be included in the consignment note or in any other document relating to the carriage, but in that case the statement must be prominent and must be separately signed by the contracting party or the party’s agent.

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