The delivery of goods in import and export transactions is one of the most sensitive stages of any commercial deal.
Any mistake at this stage may lead to significant financial losses, delays in delivery, and complex legal disputes.
Therefore, every importer or exporter must clearly understand:
Who is responsible for the goods at each stage?
When are the goods considered legally delivered?
Which document governs liability in case of conflict?
And who bears the loss if damage occurs during shipping?
This article presents these points clearly and simply.
Which Document Governs Liability — the Contract or the Invoice?
The contract is the primary legal reference.
The contract accurately defines all obligations:
delivery date, method of transport, shipping and insurance responsibilities, risk transfer points, and duties of each party.
The commercial invoice,
although important for customs and financial procedures, is not considered the main document for determining legal liability unless the contract explicitly states otherwise.
Key Conclusion:
In case of dispute, the contract is the first document to be reviewed, followed by supporting documents.
When Are the Goods Considered Legally Delivered?
The moment of legal delivery depends on the agreed delivery terms, which clearly define:
who bears transport costs;
who bears risks;
and the exact point at which liability transfers from the seller to the buyer.
Below are the most common models:
- Delivery at the seller’s premises
The goods are considered legally delivered once they leave the seller’s warehouse.
The buyer bears all risks from that point on.
- Delivery upon loading onto the main transport vehicle
Liability transfers to the buyer at the moment the goods are loaded onto the international carrier (ship, aircraft, or truck).
- Delivery including shipping and insurance
The seller arranges transport and insurance, but risks typically transfer once the goods are loaded onto the main carrier, not upon arrival.
- Delivery at the buyer’s location
The seller bears all costs and risks until the goods reach the buyer’s premises and are handed over.
Important Note:
Failure to specify delivery terms clearly in the contract is one of the most common and dangerous legal mistakes.
Who Bears Liability if the Goods Are Damaged or Lost During Shipping?
Liability depends entirely on the risk transfer point between the seller and the buyer.
If the damage occurs before the risk transfer point → the seller is responsible.
If the damage occurs after the risk transfer point → the buyer bears the loss, even if the goods have not yet arrived.
Sometimes, the shipping company, warehouse, or insurance provider may also be involved in the dispute if there is negligence or fault.
Parties that may bear liability:
Seller
Buyer
Transport company
Insurance company
Port or warehouse operator
Customs broker or intermediary
Strong insurance coverage is essential to protect both parties.
Essential Documents in Any Import or Export Transaction
Every trader should ensure the completeness of the following documents:
Commercial contract
Commercial invoice
Packing list
Shipping document
Certificate of origin
Insurance certificate
Official delivery or port/warehouse reports
Each document plays a critical role, and any missing document may expose the transaction to legal complications.
Common Mistakes to Avoid
❌ Relying on the invoice without a detailed contract
❌ Failing to specify delivery terms clearly
❌ Inadequate insurance coverage
❌ Lack of formal delivery documentation
❌ Failure to issue damage reports promptly
❌ Not reviewing the shipping document carefully before dispatch
Key Recommendations for Clients in General
For those dealing with ports and maritime operations:
Ensure documents match before shipping
Request pre-loading inspection reports
Verify that the shipping document reflects the agreed contractual terms
For importers and exporters:
Have contracts reviewed by a legal specialist
Ensure insurance covers real shipment risks
Keep all documents and official communications organized
The contract is the ultimate reference for responsibilities, and delivery terms determine the exact moment risks transfer.
Any damage or loss during shipping has a responsible party, but identifying that party depends on contract clarity and evidence of the risk point.