Cargo Loaded onto the Wrong Vessel! Filing a Claim
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Errors can occur even in cargo transport, leading to unexpected challenges and complications. One such situation is when cargo is mistakenly loaded onto the wrong vessel, causing significant disruptions and potential damage, especially for fresh produce or food stuff. In such cases, it is crucial to understand the responsibilities involved and determine the appropriate party to file a claim with.
Key question to ask!
Did cargo arrive damaged due to the fact that it was loaded on the wrong vessel?
- If cargo arrived in sound condition, you do not have a claim against shipping line.
- If cargo was discharged damaged due to excessive transit time, which exceeds cargo shelf life – you have a claim.
Who is Responsible?
Identifying the responsible party is essential for initiating a successful claim when cargo is loaded onto the wrong vessel.
- Freight Forwarder or NVOCC if HBL was issued: If a freight forwarder or non-vessel operating common carrier (NVOCC) is involved in arranging the shipment, they may share responsibility for ensuring accurate documentation and proper coordination between the shipper and carrier. FFW and NVOCC are responsible to the exporter for the cargo damage as a contractual carrier.
- Carrier – shipping line: The carrier, responsible for cargo when it is in carrier’s custody and to deliver cargo to the destination with utmost dispatch, If the carrier mistakenly loads the cargo onto the wrong vessel, they may bear the primary responsibility for the E&O and damages caused.
Filing a Claim
Determining which party to file a claim with can be complex depending on the contractual agreements HBL or BL issued. However, in most cases, the carrier responsible for the loading mistake would be the primary party to file a claim with.
Discovering that your cargo has loaded onto the wrong vessel can be time-consuming as it does not immediately reveal the exact location of the container. When faced with the daunting task of recovering cargo loss from a loading error and excessive delay, Recoupex can provide invaluable support. Recoupex, with its expertise in cargo claim recoveries and deep understanding of the shipping industry, is well-equipped to guide businesses through the process and maximize their recovery.
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.
