{"id":12002,"date":"2026-01-28T15:20:15","date_gmt":"2026-01-28T15:20:15","guid":{"rendered":"https:\/\/www.graulaw.eu\/?p=12002"},"modified":"2026-01-28T15:43:55","modified_gmt":"2026-01-28T15:43:55","slug":"requirements-for-an-agreement-to-assume-the-exchange-risk-when-exchanging-pallets","status":"publish","type":"post","link":"https:\/\/www.graulaw.eu\/en\/requirements-for-an-agreement-to-assume-the-exchange-risk-when-exchanging-pallets\/","title":{"rendered":"Requirements for an agreement to assume the exchange risk when exchanging pallets"},"content":{"rendered":"\t\t
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\n\t\t\t\tIf the carrier receives empty pallets from the recipient of the shipment in exchange for the delivered shipment, he must return them to the sender.\t\t\t<\/p>\n\t\t\t\t\t<\/blockquote>\n\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t

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The carrier is only obliged to organize the exchange, but not to guarantee its success.<\/p>

However, the question arises as to under what conditions the carrier is liable if the recipient does not hand over any empty pallets, hands over a smaller quantity of empty pallets, or hands over empty pallets of poor quality<\/strong>.<\/p>

It is not uncommon for disputes to arise between the principal and the carrier as to whether the carrier is liable for missing pallets if no replacement pallets are handed over to the carrier at the unloading point. Under a contract of carriage, the carrier is not normally obliged to exchange pallets. An obligation to exchange pallets requires a separate agreement whereby the carrier assumes the exchange risk.<\/p>

Requirements for assuming the exchange risk<\/strong><\/h2>

Judgment of the Regional Court of Duisburg dated January 5, 2023<\/strong><\/h3>

In its judgment dated January 5, 2023, file number 22 O 2\/22, on the requirements for the conclusion of an agreement on the assumption of the exchange risk by the appointed carrier. According to the court’s decision, the mere fact that the principal maintains a loading equipment account and reconciles it with the carrier does not mean that the carrier also wishes to assume the exchange risk.<\/p>

Even the mere regular return of loading equipment to a certain extent by the carrier does not automatically indicate that the carrier will assume the exchange risk. This applies in particular if no additional loading equipment has been handed over or delivered and if the correspondence between the parties does not recognize the handover as an obligation of the carrier. A special additional individual agreement is required for the carrier to assume the exchange risk. In addition to the express agreement, the carrier must also be paid a surcharge on the freight for assuming the exchange risk, as the carrier does not generally assume such an increase in risk free of charge. A corresponding provision in the general terms and conditions is not sufficient for this.<\/p>

Assumption of the exchange risk by implied conduct<\/strong><\/h2>

The conclusion of an agreement for the exchange of pallets and the assumption of the exchange risk by the carrier does not require any special form. It is therefore possible for a corresponding agreement to be established by the conduct of the parties.<\/p>

An implied pallet exchange agreement can be established, for example, by the fact that<\/p>