?? Navigating Cargo Claims: Understanding the Importance of Timely Remarks
Author: Alexander Zankov
?? Ever wondered what it takes to navigate the intricate world of cargo claims successfully? In this post, we unveil a real-life case that unravels the importance of timely remarks in the realm of international transport.
In this article, we're delving into a recent claim we handled on behalf of one of our esteemed clients. The claim revolved around alleged hidden damages/losses, and the claimant attempted to prove them using questionable tactics. Let's dive in to explore the facts, the issue at hand, and the application of the relevant rules.
?? The Facts
Our client, a freight forwarder, was involved in a shipment of clothes from China to Spain via Greece. The cargo container was delivered to the consignee, who accepted the cargo without writing any remarks, which rendered the carrier free of liability according to the CMR Consignment.
However, our client received a claim notice from their principal, stating that hidden damages/losses were discovered after the carrier had already left the unloading address.
? The Issue
The major issue with this claim was that the claimant notified our client of the damage beyond the 7-day term specified in the CMR Convention for hidden damages/losses. Consequently, we rejected the claim as unfounded due to missing the deadline for hidden damage/loss claims. In response, the claimant withheld the freight cost for this transport and other invoices, resorting to false statements and irrelevant documents to support their case, which we promptly dismissed.
?? The Rules
Article 30, Paragraph 1 of The CMR Convention plays a crucial role in such situations. It states that if the consignee accepts delivery without thoroughly checking the condition of the goods and fails to send reservations within seven days (excluding Sundays and public holidays) in cases of non-apparent loss or damage, it will be assumed that the goods were received in the condition described in the consignment note. Reservations must be made in writing for non-apparent loss or damage.
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?? Application
Article 30, Paragraph 1 is a widely applicable provision, as damages and losses during transport are common occurrences. It is essential for consignees to carefully inspect the cargo upon delivery and document any suspicions of damages or losses with remarks. This ensures their legal right to claim damages within a year of the delivery date, as stipulated in Article 32 of the CMR Convention.
In the current situation, the claimant attempted to create narratives, citing video proof and suspicious pictures without concrete evidence. Their failure to provide valid proof or make timely remarks hindered the validity of their claim.
?? The Resolution
Our client officially denied the claim and took legal action to obtain payment for the withheld freight costs. After several court hearings, the court ruled in favor of our client, affirming the claimant's obligation to pay the outstanding freight invoices.
? Conclusion
Cargo damages and losses are common challenges in international transport. However, many claims are rejected due to the absence of remarks in the CMR Convention, either when damages are apparent or made after the 7-day term for hidden damages.
Consignees must be vigilant and not solely rely on trust when it comes to international transport. Performing thorough checks of the cargo or including remarks in the CMR Consignment regarding the general condition of the goods secures their rights and enables them to proceed with legitimate claims within the specified timeframe.
At Claims Trans , we prioritize transparency and adherence to regulations, ensuring smooth and reliable cargo transportation for our clients. Let's continue to uphold best practices and navigate the logistics landscape together.