WHO IS THE GENERATOR OF GOODS IN TRANSPORT OPERATIONS CONTRACTED BY LOGISTICS INTERMEDIARIES OF IMPORTERS AND/OR EXPORTERS
CARRIER, SENDER AND RECIPIENT
In Colombia, the operation of land transportation of goods is initially regulated by the Commercial Code in which it has been established at the time of its issuance that the parties to the transportation contract are the CARRIER, SENDER AND THE RECIPIENT, understanding that it is the sender who contracts the operation, who delivers the instructions on the merchandise that is the object of the operation and who in principle must be invoiced for the freight since he is the one called or obligated in principle to pay it.
WHAT THE LAW SAYS
In accordance with articles 1008 and 1009 of the Commercial Code, the transporter is obliged to the sender and/or generator of cargo on his own behalf or on behalf of others, to deliver the things for transportation, in the agreed conditions, place and time, taking as Based on Resolution No. 20223040045515 of August 2022, by which the national registry of cargo dispatches was updated, the cargo generator is defined as the holder of the transportation contract or sender. However, the rule provides that the recipient of the cargo may replace the sender when he accepts the transport contract.
You can also read THE PAYMENT OF THE FREIGHT AS A CONDITION FOR THE RECOGNITION AND PAYMENT OF INDEMNITIES IN TRANSPORT OPERATIONS
WHO IS THE LOAD GENERATOR?
In this sense, it is clear for the goods transportation sector that the load generator will be the natural or legal person who contracts the service and undertakes to pay the freight or who is billed for the transportation service, which must coincide with the holder of the document that proves the transportation contract, that is, the land shipment of cargo.
If you have any questions about your role as a load generator, remember that at GRILLO CORREA CONSULTORÍAS S.A.S., we are willing to assist you virtually and in real time, to achieve the objectives and recognition that you and your company deserve.
Download here https://plc.mintransporte.gov.co/Portals/0/Normatividad/R.20223040045515-05-08-22%209%20Pag13-56.pdf?ver=2022-10-30-165437-550 the regulations of Resolution No. 20223040045515 of August 2022
Prepared by: Dr. Nancy Balaguera
