EXCEPTIONS - This is the term to describe the note you should put right on the delivery receipt that the carrier wants you to sign when you pick up the shipment. Write on the face of the delivery document the condition of the goods and get the driver or warehouse person to sign. If your own truck picks up the cargo at the carrier’s warehouse, the “exceptions” should be written on the warehouse receipt that the warehouseman will want you or your representative to sign before releasing the goods. GET THE DRIVER OR WAREHOUSEMAN TO SIGN HIS NAME UNDER YOUR EXCEPTION. This confirms that the representative of the warehouse or trucker has verified your allegation of damage or loss.
CAMERA - Take pictures ! Before you unpack, take pictures of the cargo to show the condition of packaging. Take pictures throughout the process.
NOTIFICATION - Notify your Customs Broker, the Carrier and your insurance company. Per bill of lading terms, you have a short period within which the carrier (the company that issued the bill of lading) must be notified that a claim exists. You may do this with a “Preliminary Notice of Claim” in which you write a short letter, on your stationery, to the carrier advising him that the goods were delivered with damaged packaging and that a claim may exist. Once you know the degree of loss, you can file a “formal” claim with the carrier or insurance company.
NOTE: If you or your vendor, have insured the cargo, the certificate of insurance will have instructions regarding the filing of claims with the insurance company.
TIME BAR - This is not a cocktail lounge where everyone wears a watch. This is a term that will appear on the back of the bill of lading or air waybill that states that you must file suit within a certain length of time or the carrier can deny any liability. Please notice, the term is “File Suit”. Some carriers will try to keep you debating until this time has expired . Then they can legally walk away from any claim you might have. Protect yourself ! If you are getting close to the “Time Bar”, ask the carrier for a letter of extension. Most carriers are happy to oblige.
SURVEYS - Many carrier and/or insurance companies will require that a survey be performed by a licensed surveyor to determine the exact loss. The usual custom is that the claimant pays for the survey and then adds that amount to the amount of the claim. Follow instructions of your insurance company or Customs Broker.
READ THE DOCUMENTS - The Bill of lading and/or the air waybill have extensive writing on the back in very small print that details the rights of both parties to the “contract of carriage”. Yes, a bill of lading is a contract so, you should read the back.
GETTING HELP - Your forwarder or Customs Broker should be able to assist you in filing the claim and following up with the parties involved. They have experience, use it. In most cases, if you are a regular client, there will be little or no charge.
All of these suggestions are based upon the things we've seen people NOT DO and the result was non-payment and losses. At Seariders, we handle your claims as part of our service.
LAST WORD - INSURE YOUR MERCHANDISE ! This makes it much easier for you and the insurance company will take care of the details. Your forwarder or Customs Broker can usually arrange cargo insurance and prepare the certificate in his/her office.
Seariders Home
