Commercial Gestures and Cargo Claims

In international shipping, cargo damage can be a frustrating and costly experience. A significant portion of global cargo, estimated to be around 70-80%, is handled by freight forwarders. When cargo damage occurs, it’s essential to understand your rights and explore all avenues for compensation. One common scenario involves receiving a commercial gesture from a freight forwarder. While these gestures may seem like a helpful solution, it’s crucial to carefully consider the implications.

Understanding Commercial Gestures

A commercial gesture is a voluntary offer from a carrier or freight forwarder to compensate for a loss or damage to cargo. It’s often offered as a goodwill gesture to avoid lengthy legal proceedings. However, it’s important to note that accepting a commercial gesture may impact your ability to pursue the claim further.

When presented with a commercial gesture, carefully review any accompanying paperwork. Some gestures may require you to sign a waiver, releasing the carrier or freight forwarder from further liability. If you sign such a waiver, you may forfeit your right to pursue additional compensation.

Key Considerations

• Bill of Lading: If the freight forwarder issued the House Bill of Lading, they may be held liable for cargo damage.
• Waiver of Rights: Be cautious of any waivers that may limit your ability to pursue claims against the carrier.
• Consult with an Expert: Seek advice from a cargo claims expert such as Recoupex to understand your rights and options.
• Document Everything: Maintain thorough records of all correspondence, documentation, and evidence related to the claim.

While commercial gestures can be a quick solution, it’s essential to weigh the potential benefits against the risks. When you fully understand your rights, carefully review any waivers, and seek expert advice, you can make informed decisions and protect your interests. You deserve fair compensation for any losses incurred from cargo damage.