In the daily dialogue between industry and logistics providers, the contract of carriage is often perceived as a mere "operational" step: a necessary framework, but not a strategic one. In reality, for those managing a complex supply chain, a written contract of carriage represents a tool for preventive protection that comes into play precisely when the service does not go as planned. When a critical event occurs—damage to goods, a stoppage, or a dispute over costs—the difference between having and not having a written contract becomes immediately evident.
The contract of carriage, governed by Art. 1678 of the Italian Civil Code and referenced by Legislative Decree 286/2005, is more than just an economic agreement. It is the document that defines who does what, when, how, and with what responsibilities. From an industrial company’s perspective, the written form allows for the clarification of fundamental elements that, in the absence of structured agreements, become fertile ground for ambiguity:
The scope of service;
Operating procedures;
Liability limits;
Accessorial economic conditions;
Management of unforeseen events.
In other words, a written contract is not needed when everything works; it is needed when something breaks. Beyond ensuring greater operational clarity, entering into a written contract of carriage offers an often-underestimated strategic advantage: it facilitates the so-called exculpatory evidence (prova liberatoria). With a written contract, the principal, the loader, and the owner of the goods can more easily demonstrate that they have correctly fulfilled their obligations, reducing the risk of incurring joint and several liability for violations committed by the carrier. This applies both to traffic law infractions (Art. 7 Legislative Decree 286/2005) and to violations regarding wages and social security contributions (Paragraph 4-ter, Art. 83-bis Decree-Law 133/2008). The written form thus becomes a preventive safeguard protecting the industrial company when the supply chain is subject to inspections or disputes.
When the problem is operational It is precisely when transport deviates from the "ideal" path that the weaknesses of management based on verbal or poorly structured agreements emerge. Consider, for example, damage to goods during transit or, in the most serious cases, total loss. In the absence of a written contract clearly governing liability, compensation limits, declared values, and claim management procedures, the industrial company often finds itself chasing answers. The insurance company requests documentation, the carrier raises exceptions, and the final customer pushes for a rapid solution. Meanwhile, the economic risk remains unresolved.
Similar situations occur when delays, unexpected stoppages, or unquoted accessorial costs arise. Without clear rules on waiting times, loading/unloading standstills, extra services, or operational variations, the line between what is owed and what is contestable becomes thin. The result is often an invoice that sparks debate or an inefficiency that the company must endure without contractual tools to manage it. This is not just about a few extra euros; it is a loss of control over the logistics process.
When risk becomes legal and economic In addition to these operational aspects, there is a less obvious but potentially more impactful level of risk: that related to liability and compliance. When formalized operating instructions are missing from a contract, any regulatory violations—such as driving times, loading methods, or safety conditions—can indirectly involve the industrial company. In such cases, the boundary between carrier liability and principal liability becomes blurred, leading to possible administrative and reputational consequences.
The lack of a written contract further amplifies these risk profiles. Should the principal fail to conduct adequate due diligence on the carrier's social security and insurance compliance, as well as the correct remuneration of employees involved in the service, they may be held liable for burdens related to tax non-compliance, including relevant penalties. Additionally, there is the risk of involvement in Highway Code violations committed by the carrier when the transport relationship is not clearly regulated.
From an economic and financial standpoint, the absence of a structured contract also affects planning capabilities. Without clear clauses governing tariff adjustments, variations in operating costs, or payment terms, the logistics budget becomes less predictable. For CFOs and controllers, this means greater uncertainty, reduced control, and difficulty in correctly analyzing margins along the supply chain.
Another central theme is insurance. The value of the transported goods, if not correctly regulated, can become a serious problem when a loss occurs. Without a clear contractual definition of liability limits, insurance obligations, and declared values, the industrial company risks discovering only after the fact that the compensation covers only a fraction of the actual damage suffered.
Furthermore, today, "written form" no longer implies bureaucracy or paper. Digitalization has transformed the contract of carriage into a tool that can be integrated into corporate systems, TMS (Transportation Management Systems), and administrative workflows. This ensures clear, accessible agreements consistent with daily operations, improving traceability and control without slowing down processes.
For an industrial company, a written contract of carriage is not a protection for the logistics provider, but rather a lever for protection and risk management for the principal. It allows for the handling of unforeseen events with pre-defined rules, preventing an operational event from turning into an economic or legal disaster.
In a context where logistics is increasingly strategic and interconnected with production, sales, and finance, continuing to rely on informal agreements means accepting an unnecessary level of risk. A contract of carriage does not eliminate problems, but it allows them to be managed with greater clarity, balance, and control. And this is exactly what the industry expects from its supply chain today.
