How to Submit Timely Notice of Damage or Loss?

Discovering cargo damage or loss can be a stressful experience for any exporter or importer, especially for new businesses or those unfamiliar with handling damaged cargo. To prevent a valid claim from being denied due to lack of evidence or missed formalities, it’s crucial to follow a process. The first 72 hours or 3 days after the cargo’s delivery are particularly important.

Notice of Damage or Loss

• Obvious Damage or Loss: If the damage or loss is clear before or upon taking delivery, you must notify the carrier immediately. This includes situations like extreme delays where damage to perishable goods is guaranteed, or if the carrier’s online temperature graph shows the reefer wasn’t plugged in.
• Hidden Damage or Loss: If you discover damage only after taking possession of the cargo (e.g., after opening the container at your warehouse), you need to notify the carrier or their agent at the port within 3 days of delivery.

What to include in your notice:

• Make sure your notice is written, not a phone call.
• Clearly state the nature of the damage or loss (e.g., broken items, missing boxes).
• Include the Bill of Lading (BL) number and container number for easy tracking by the carrier.

Large carriers manage a lot of shipments, so a simple email complaining about cargo quality without details might get lost. By including the BL and container number, you ensure the carrier can quickly find your specific shipment and open a claim file. This clear notification helps avoid any later disputes about whether you properly notified them.

In short, be specific! The more details you provide, the smoother the claim process will be.

Invitation to Joint Survey

To figure out the cause and extent of the damage or loss, you’ll need to arrange a joint survey. This means both the carrier and you (the exporter/importer) will hire separate surveyors to examine the cargo together.

What happens when you fail to submit notice?

If you don’t notify the carrier about damage or loss within the timeframes mentioned above (immediately for obvious issues, 3 days for hidden problems), it can be seen as accepting the cargo in good condition. This means the carrier might argue they delivered the goods in the same state they received them, making it harder to win your claim or can lead to rejection.

Does it mean I can no longer submit claim?

You can still file a claim, but it becomes more challenging. Here’s why:

• With timely notice: If you notify the carrier on time, they need to prove they’re not responsible for the damage.
• Missed deadline: If you miss the deadline, the burden of proof falls on you. You’ll need to show the damage happened during transport.

This can be difficult because the carrier might not have had a chance to inspect the cargo right away. The later the notification, the harder it is to prove the damage wasn’t your fault.

When you understand these timely notification requirements, you can significantly improve your chances of a successful cargo claim recovery process. Timely notice with clear details strengthens your case and puts the pressure on the carrier to prove they’re not liable for the cargo damage. Don’t hesitate to reach out to Recoupex, your cargo claims recovery experts, for guidance and support throughout the process.

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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