Freight Agreement (Ghana)
Freight Agreement
This Freight Agreement (this "Agreement") is entered into on [Contract Date] between:
SHIPPER: [Shipper Name], registration number [Shipper Reg Number], of [Shipper Address] (the "Shipper"); and
CARRIER: [Carrier Name], Ghana Shippers' Authority registration number [Carrier GSA Number], of [Carrier Address] (the "Carrier").
1. Goods
The Carrier agrees to carry the following goods (the "Goods"): [Goods Description]. HS Code: [HS Code]. Declared value: USD [Goods Value].
The Goods shall be properly packaged, labelled, and documented in accordance with the requirements of Ghana Customs (a division of the Ghana Revenue Authority — GRA) under the Customs Act, 2015 (Act 891).
2. Route and Mode of Transport
The Carrier shall collect the Goods from [Origin Point] and deliver them to [Destination Point] by [Mode Of Transport] within [Transit Time].
For sea freight, the Goods shall be shipped through Tema Port, operated by the Ghana Ports and Harbours Authority (GPHA) under the Ghana Ports and Harbours Authority Act, 1986 (PNDC Law 160). For road freight, the Carrier's vehicles shall comply with the Road Traffic Act, 2004 (Act 683) and the National Road Safety Authority (NRSA) requirements.
3. Freight Rate and Payment
The freight rate for carriage of the Goods is [Freight Rate], payable in [Currency] on the following terms: [Payment Terms].
All port levies charged by the Ghana Ports and Harbours Authority (GPHA), customs examination fees under the Customs Act, 2015 (Act 891), and fuel surcharges are as specified in the Carrier's freight invoice. Responsibility for customs clearance is as follows: [Customs Responsibility].
4. Liability and Insurance
The Carrier's maximum liability for loss of or damage to the Goods is USD [Liability Limit]. For sea freight, the Hague-Visby Rules apply per package where they provide a higher limit. For air freight, the Montreal Convention 1999 applies.
Cargo insurance responsibility: [Cargo Insurance]. The insuring party shall maintain adequate all-risk cargo insurance for the full declared value of the Goods and shall produce evidence of cover on request.
5. Force Majeure
Neither Party shall be liable for delay or non-performance caused by events beyond their reasonable control, including port closures declared by the Ghana Ports and Harbours Authority (GPHA), strikes, acts of God, or government orders under the Contracts Act, 1960 (Act 25). The affected Party shall give written notice within 7 days of the force majeure event.
6. Governing Law and Disputes
This Agreement is governed by the laws of the Republic of Ghana, including the Contracts Act, 1960 (Act 25) and the Customs Act, 2015 (Act 891). Disputes shall be resolved by [Dispute Resolution].
Signatures
IN WITNESS WHEREOF the Parties have executed this Freight Agreement on the date first written above.
Shipper
________________
Signature
Carrier
________________
Signature
What Is a Freight Agreement (Ghana)?
A Freight Agreement in Ghana records the obligations the parties accept and the terms governing their arrangement.
The Ghana Shippers' Authority (GSA), established under the Ghana Shippers' Authority Act 1974 (NRCD 254) and restructured under the Ghana Shippers' Authority Act 2014 (Act 866), is the primary regulatory body protecting the interests of Ghanaian shippers and freight users. The GSA operates under the Ministry of Transport and monitors freight rates, cargo allocation, and the conduct of shipping lines, freight forwarders, and port operators serving Ghana. The Tema Port, operated by Ghana Ports and Harbours Authority (GPHA) under the Ghana Ports and Harbours Authority Act 1986 (PNDC Law 160), is Ghana's principal seaport and handles the majority of Ghana's container and bulk cargo traffic.
The Customs Act 2015 (Act 891) administered by Ghana Customs (a division of the Ghana Revenue Authority — GRA) governs the importation and exportation of all goods through Ghana's ports, borders, and airports. The GRA's Customs Division operates at Tema Port, Kotoka International Airport in Accra, and all land border crossings. All importers and exporters in Ghana must file customs entries through the Ghana Community Network Services (GCNet) platform and, from 2023, the Ghana Single Window system operated by the Ghana Revenue Authority.
A Freight Agreement in Ghana must be distinguished from a charter party agreement, which governs the hire of an entire vessel rather than the carriage of specific cargo, and from a warehouse receipt, which evidences the storage of goods rather than their carriage. The National Road Safety Authority (NRSA) regulates road freight transport in Ghana under the National Road Safety Commission Act 1999 (Act 567), and commercial road freight vehicles must be licensed by the Driver and Vehicle Licensing Authority (DVLA) under the Road Traffic Act 2004 (Act 683).
The Ghana Shippers' Authority (GSA) provides a freight complaint and dispute resolution service for Ghanaian shippers who encounter overcharging, cargo damage, or delays by freight carriers. The GSA's intervention service is available to both importers and exporters operating through Ghanaian ports and is free of charge to registered shippers.
When Do You Need a Freight Agreement (Ghana)?
A Freight Agreement in Ghana is required whenever a shipper engages a carrier to transport goods within Ghana or for import or export through Tema Port, Kotoka International Airport, or a land border crossing under the Contracts Act 1960 (Act 25).
A Freight Agreement is needed when a Ghanaian exporter — of cocoa, gold, timber, processed food products, or manufactured goods — engages a freight forwarder or shipping line to carry goods to an overseas buyer. The Ghana Export Promotion Authority (GEPA) requires export documentation, and the Freight Agreement establishes the carrier's obligations for on-time delivery and cargo condition upon arrival at the destination port.
A Freight Agreement is required when an importer brings goods into Ghana through Tema Port or Kotoka International Airport and needs to document the freight terms with the carrier, including the liability regime for damage in transit, the customs entry filing obligation, and the freight rate. Ghana Customs administers all import documentation through the Ghana Single Window system under the Customs Act 2015 (Act 891).
A Freight Agreement is needed when a road haulier carries goods between Ghanaian cities — for example, from Tema to Kumasi or from Tamale to Accra — and both parties wish to document the freight rate, the carrier's liability for loss or damage, and the delivery timeline. The National Road Safety Authority (NRSA) requires all commercial trucks to carry valid documentation confirming the goods being transported.
A Freight Agreement is required when a company operating in the Ghana Free Zones Authority (GFZA) free zone regime imports raw materials or exports finished goods and needs to document the freight terms for customs clearance under the Ghana Free Zones Act 1995 (Act 504) and the Customs Act 2015 (Act 891).
A Freight Agreement is needed for multimodal shipments entering Ghana through Tema Port and then moving inland to landlocked countries such as Burkina Faso, Mali, or Niger under the ECOWAS Trade Liberalisation Scheme (ETLS) and Ghana's transit corridor agreements.
Parties should execute a Freight Agreement (Ghana) before goods are collected or loaded. Without a written agreement, disputes about freight rates, liability for cargo damage, and responsibility for customs delays are resolved purely on the basis of oral evidence or standard carrier terms that may heavily favour the carrier.
What to Include in Your Freight Agreement (Ghana)
A valid Freight Agreement in Ghana under the Contracts Act 1960 (Act 25) and the Customs Act 2015 (Act 891) must contain the following essential elements.
Parties and Registration: Full legal names and addresses of the shipper and the carrier, the carrier's Ghana Shippers' Authority (GSA) registration number, and the shipper's company registration number from the Office of the Registrar of Companies (ORC) under the Companies Act 2019 (Act 992) where applicable.
Description of Goods: A precise description of the goods to be carried — including quantity, weight, volume, packaging type, HS code for customs classification under the Customs Act 2015 (Act 891), and any special handling requirements such as refrigeration, hazardous material classification, or fragility.
Origin, Destination, and Route: The collection point (shipper's warehouse, Tema Port, Kotoka International Airport, or land border crossing), the destination, the agreed transport route, and the mode of transport (road, sea, or air). For export shipments, the port of lading and the port of discharge must be specified.
Freight Rate and Payment: The freight rate in Ghana Cedis (GHS) or USD (for international shipments), the payment schedule (advance, on delivery, or credit terms), and which party bears fuel surcharges, port levies charged by the Ghana Ports and Harbours Authority (GPHA), and customs examination fees under the Customs Act 2015 (Act 891).
Transit Time: The agreed transit time or delivery date, the consequences of delay attributable to the carrier, and force majeure events that excuse delay.
Liability and Insurance: The carrier's maximum liability for loss or damage to the goods, with reference to any applicable international convention (Hague-Visby Rules for sea freight, Warsaw/Montreal Convention for air freight), and the requirement for the shipper to maintain cargo insurance.
Customs Obligations: Which party is responsible for filing customs entries, obtaining import or export permits, paying import duties and VAT under the Customs Act 2015 (Act 891), and arranging customs examination through the Ghana Revenue Authority (GRA) Customs Division.
Dispute Resolution: Referral of disputes to the Ghana Shippers' Authority (GSA) dispute resolution service, the Ghana Arbitration Centre (GAC) under the Alternative Dispute Resolution Act 2010 (Act 798), or the High Court (Commercial Division) in Accra. The forms-legal.com Freight Agreement (Ghana) template covers all essential freight documentation elements required by GRA Customs and the Ghana Shippers' Authority.
Additional compliance elements for a Freight Agreement (Ghana) used in Ghana include: Under the Companies Act 2019 (Act 992), the Registrar General's Department (RGD) maintains the register of Ghanaian companies. Section 7 of the Companies Act 2019 governs company incorporation. The Ghana Revenue Authority (GRA) administers corporate tax under the Income Tax Act 2015 (Act 896). The Commercial Division of the High Court in Accra adjudicates business disputes. The Ghana Investment Promotion Centre (GIPC) regulates foreign investment under the GIPC Act 2013 (Act 865). Forms-legal.com provides this template as a starting point for Ghana-compliant documentation.
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Reference this free template in an article, syllabus, or research note:
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howpublished = {\url{https://forms-legal.com/ghana/business/shipping/freight-agreement-ghana}},
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Frequently Asked Questions
The Ghana Shippers' Authority (GSA), established under the Ghana Shippers' Authority Act 2014 (Act 866) and operating under the Ministry of Transport, provides a free dispute resolution service for Ghanaian shippers who encounter overcharging, cargo damage, delivery delays, or malpractice by shipping lines, freight forwarders, and port operators. The GSA has authority to investigate complaints, mediate between shippers and carriers, and publish findings. GSA intervention is available to any shipper registered with the GSA — registration is free and open to all importers and exporters operating through Ghana's ports. The GSA also monitors freight rates published by shipping lines serving Tema Port and can refer cases of price-fixing or anti-competitive conduct to the Fair Wages and Salaries Commission or the Economic and Organised Crime Office (EOCO). For larger commercial disputes, the Commercial Court in Accra or the Ghana Arbitration Centre (GAC) have jurisdiction.
All goods imported through Tema Port in Ghana must be declared to Ghana Customs (a division of the Ghana Revenue Authority — GRA) through the Ghana Single Window system under the Customs Act 2015 (Act 891). The required documentation for sea freight imports includes: a bill of lading or seaway bill issued by the shipping line; a commercial invoice; a packing list; an import declaration (Form C17) filed electronically through the Ghana Single Window; a certificate of origin where preferential tariff treatment is claimed under the ECOWAS Trade Liberalisation Scheme (ETLS) or a bilateral trade agreement; and, for regulated goods, import permits from the relevant regulatory authority (Food and Drugs Authority — FDA for food and pharmaceuticals; Ghana Standards Authority — GSA for manufactured goods). Cargo subject to physical examination by Customs must be presented at the designated examination area at Tema Port.
Liability for cargo damage in transit in Ghana depends on the mode of transport and the terms of the Freight Agreement. For sea freight, the carrier's liability is governed by the Hague-Visby Rules (incorporated into Ghana law through the Carriage of Goods by Sea Act) or, where an international convention applies, the Rotterdam Rules. For air freight, liability is governed by the Montreal Convention 1999. For road freight, the carrier's liability is determined by the Contracts Act 1960 (Act 25) and the terms of the Freight Agreement, as Ghana has not acceded to the CMR Convention applicable in Europe. In all cases, the carrier is liable for damage caused by its negligence or that of its employees. The shipper bears the burden of proving that the damage occurred while the goods were in the carrier's custody. Cargo insurance taken out by the shipper is the most reliable protection against loss or damage regardless of the carrier's liability limits.
A Freight Agreement in Ghana is subject to stamp duty under the Stamp Duty Act 2005 (Act 689) if it meets the threshold for a dutiable instrument. Commercial contracts above certain value thresholds are subject to ad valorem stamp duty administered by the Registrar-General's Department. Parties should have their Freight Agreement assessed for stamp duty within 30 days of execution. An unstamped commercial contract is inadmissible as primary evidence in proceedings before the Commercial Court in Accra or the Ghana Arbitration Centre (GAC) unless stamp duty is paid, with applicable penalties, before the document is tendered in evidence. Bills of lading and airway bills used in conjunction with the Freight Agreement may also attract separate stamp duty. Freight forwarders and shipping lines licensed by the Ghana Shippers' Authority (GSA) routinely advise clients on stamp duty obligations as part of their freight management services.
Road freight transport in Ghana is regulated by the National Road Safety Authority (NRSA) under the National Road Safety Commission Act 1999 (Act 567) and the Road Traffic Act 2004 (Act 683). Commercial trucks must be registered with the Driver and Vehicle Licensing Authority (DVLA), carry a valid road worthiness certificate, and comply with the axle load limits prescribed by the Ghana Highway Authority (GHA) under the Ghana Highway Authority Act 1997 (Act 540). Overloading is a serious offence in Ghana; the GHA operates weighbridges on major freight routes including the Tema-Accra motorway, the Accra-Kumasi highway, and the Kumasi-Tamale corridor. Freight carriers must comply with the ECOWAS Inter-State Road Transit (ISRT) system and carry the appropriate transit documents for goods destined for landlocked neighbours. The Ghana Road Hauliers Association (GRHA) represents licensed road freight operators and its standard terms of carriage may supplement a Freight Agreement.
A Freight Agreement governed by Ghana law and subject to the jurisdiction of the Ghanaian courts or the Ghana Arbitration Centre (GAC) is enforceable in Ghana against a foreign carrier that has a presence or assets in Ghana. The Commercial Court in Accra has jurisdiction to grant injunctions, freezing orders, and judgment in default against foreign defendants with a Ghana nexus. Where the foreign carrier has no Ghana assets, enforcement requires recognition of the Ghana judgment or arbitral award in the carrier's home jurisdiction. Ghana is a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, so arbitral awards made in Ghana under the Alternative Dispute Resolution Act 2010 (Act 798) are generally enforceable internationally. Shippers dealing with foreign carriers should also consider requiring the carrier to submit to the jurisdiction of the Ghana Shippers' Authority (GSA) as a condition of the Freight Agreement.
This template is provided for informational purposes only and does not constitute legal advice. Laws vary by jurisdiction and change over time. Consult a qualified attorney for advice specific to your situation.Full disclaimer
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