Liability for Damaged Cargo During Transshipment

Transshipment is the process of moving cargo from one ship to another. It is a common practice in the shipping industry, as it allows for cargo to be transported more efficiently. However, transshipment also comes with some risks and challenges.

One of the biggest risks of transshipment is cargo damage. When cargo is moved from one ship to another, it is at risk of being damaged in transit. This can happen for a number of reasons, such as rough handling, excessive off power periods for reefer cargo.

Another risk of transshipment is delays. If there are problems with the transshipment process, such as a delay in the arrival of the next ship, it can lead to delays in the delivery of the cargo. This can be a major problem for businesses that rely on on-time delivery. So how does one know the liability for damaged cargo during transshipment?

Liability in Transshipment:

Determining liability for damaged cargo during transshipment depends on several key factors, including the terms of the contract, applicable international conventions, and the responsibilities of each party involved.

1. Carrier Liability:

The primary carrier responsible for transporting the cargo holds a certain level of liability during transshipment. Under international conventions like the Hague-Visby Rules or the Hamburg Rules, carriers are generally held accountable for the safe delivery of goods. However, carriers may attempt avoid liability alleging that it was stevedore’s fault for the damage etc. Legally liable carrier is who issued transport document. Regardless of the fact where exactly in transit accident took place.

Maximize Your Cargo Claims Recovery!

In the unfortunate event of cargo damage during transshipment, pursuing a cargo claim recovery becomes crucial to recoup your losses. Here’s how:

1. Act Promptly: Carrier has to inform you timely about container physical damage at transshipment, cargo cross stuffing operations etc. Put carrier immediately on notice. Have Surveyor on standby to inspect cargo at the arrival. 
2. Inspect cargo thoroughly at destination, prepare loss mitigation plan or salvage sale. Retrieve all loading documents as evidence that cargo was loaded in sound condition and in full quantity at origin.
3. Engage a Cargo Claims Specialist: Partner with a reputable cargo claims recovery expert like Recoupex. Their expertise in navigating complex claim processes, quantifying damages, and negotiating with insurers can significantly increase your chances of a successful recovery.
4. Document and Quantify Losses: Work closely with your cargo claims specialist to compile a comprehensive report detailing the nature and extent of the damage, including the value of the affected cargo and associated expenses. Accurate documentation is crucial in substantiating your claim.

Transshipment cargo brings immense opportunities for businesses engaged in global trade. The risks and challenges associated with this process require careful consideration and proactive measures to protect cargo interests. Cargo damage during transshipment can have significant financial implications to businesses. Mitigate the impact of cargo damage during transshipment and maximize your chances of successful cargo claim recoveries!

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.

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