3-Day Notice Impact on Ocean Cargo Claims
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As a shipper, ensuring the safe and intact delivery of your cargo is a top priority. However, despite your best efforts, there are times when cargo damage occurs during transit. When that happens, what’s the number one thing you must do to protect your interests and secure recovery for your losses? Notify Your Shipping Line (Carrier) Within 3 Days after cargo delivery day.
The primary reason why shipping lines reject any claim submitted after 3 days from date of discharge from vessel is based on The Hague and Hague/Visby Rules art. 3(6), stated below:
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.
Pro-Tip: Notify as Soon as Possible, Even Before Destination Arrival
The 3-day window might seem tight, and it is. But here’s a valuable pro-tip: don’t wait until the cargo reaches its destination to report the damage. Notify your carrier as soon as possible, even before the cargo arrives at its final stop.
As it is almost impossible for a cargo receiver to know if cargo is inside the container is damaged within 3 days, it has become industry practice for shippers to notify shipping line before cargo arrival or within 3 days after discharge about the potential damage and invite them to attend de-stuffing at the receiver’s warehouse (regardless if the receiver appoints the surveyor or not, regardless if the cargo has actually been damaged or not). This proactive approach can be immensely beneficial. It allows both parties to assess the damage together, document the condition of the cargo, and streamline the claims process.
3 days notification today is legal – admin, but it is worth complying with it. It does not take too much time, effort or resources for importer to follow the recommendations shared in this article and it really helps to speed up claim settlement process with ocean carriers.
Recoupex is a hub of transport lawyers – experts in cargo claims. We assess your case quickly. We have successfully recovered claims from Maersk, Sealand, Hapag-Lloyd, Mediterranean Shipping Company – MSC, CMA CGM, and other carriers.
