In shipping and logistics, time is not just money—it’s everything. Up to 20% of all cargo claims fall victim to their claims pushed into the time-bar, often leaving claimants blindsided.
What do you do when your cargo claim isn’t settled promptly? Untanding the critical nature of time-bars and the proactive steps to safeguard your interests is paramount.
A time-bar is a legal deadline that, once passed, extinguishes your right to pursue a claim. In cargo claims, this period is typically one year from the date of delivery or the date when the goods should have been delivered, as stipulated under the Hague-Visby Rules. Miss this window, and your claim becomes null and void.
If your claim remains unresolved as the time-bar date approaches, you have the right to request time extension from the shipping line. Typically, extensions range from 3 to 6 months, providing additional breathing room to finalize your claim.
Pro Tip: If you are a shipper operating under a House Bill of Lading (HBL), direct your time extension request to your freight forwarder, not the shipping line. This ensures that the correct party processes your request, preventing potential delays.
When drafting your request, clarity and precision are key. Here’s a template to guide you:
Subject: Time Extension Request: BL [Your Bill of Lading Number], Container [Your Container Number]
Body:
“We, [Your Company Name], consignee under Bill of Lading [Your Bill of Lading Number], hereby request a time extension of 3 months from the current time-bar date, [DD/MM/YYYY], up to and including [DD/MM/YYYY], in respect of our claim for the cargo [Description of Cargo] under Bill of Lading [Your Bill of Lading Number], which we submitted to [Shipping Line Name] on [DD/MM/YYYY].”
Cargo claims recovery requires vigilance, proactivity, and a keen awareness of legal timelines. When you promptly submit claims, maintain regular communication with carriers, and be acurately aware of time-bar deadlines, you can significantly enhance your chances of a favorable resolution. In cargo claims, time waits for no one.