Damage of the product
What to do if the goods are damaged or lost?
The carrier is always responsible for the safety of the cargo, but it is impossible to fully insure against force majeure circumstances and exclude damage to the cargo while it is in transit. The road is full of unexpected things and surprises. What should the consignee and consignor do if the goods are lost or damaged during transportation?
Algorithm of actions of the consignee
First, document any damage by taking multiple photos of the damaged goods before discharging. Never put off cargo inspection for later! Do this just before unloading operations. Otherwise, it will be extremely problematic to prove that the cargo was damaged during transportation and to return the damaged cargo.
The photographs must clearly show the damaged goods in as much detail as possible. Make sure to take pictures of not only the cargo itself but the numbers of the car and the trailer on which the goods arrived. Subsequently, these photographs can be used as the main arguments and evidence in proceedings.
Second, indicate in the CMR the nature of the cargo damage. The damage must be visible and clearly indicated. Record the list of damages in writing, include them in the appropriate act and indicate the number of damaged items. Insist that the carrier also read and sign this act.
If the carrier doubts the condition of the carried cargo and its damage, try to involve an independent expert who will inspect and record the nature of the damage.
Third, notify your transport manager of the incident.
Fourth, do not delay filing a complaint – formalize it within a week.
How to process an application?
A complaint or a claim for damages is written in no prescribed format. Completing an application for the damaged goods must include the following information:
1) A claim against the carrier with the monetary value of the damage incurred (the amount of damage must be justified).
2) Mandatory availability of a document that confirms the value of the goods.
3) Describe your vision of how the goods could be damaged. State your assumption.
4) Attach the CMR with a notice of the goods damage to the claim.
5) Attach photos of the damaged cargo to the document.
According to the Convention on the Contract for the International Carriage of Goods by Road (Chapter V, Article 30, paragraph 1), if the consignee accepted the damaged cargo in the presence of the carrier and did not indicate the nature of the damage to the carrier, there is every reason for the presumption that the cargo was accepted in the condition described in the CMR.
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