Unseaworthy Containers: Cargo’s Biggest Threat
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Water damage to cargo inside containers is a common problem that causes significant losses for exporters and importers worldwide. Often, the root cause of this damage is the condition of the container itself.
A staggering 10% of all containerized shipments fall victim to water damage. This isn’t just a statistic; it’s a reality for countless exporters and importers worldwide. Unlike fine wine, cargo containers don’t improve with age. Exposure to the elements, improper handling, and inadequate maintenance can lead to leaks, holes, and compromised seals.
The consequences? Damaged goods, financial losses, and damaged reputations. To safeguard your cargo, it’s crucial to assess the condition of your container before loading.
The Problem
One of the main reasons for cargo damage is water entering the container through holes, cracks, or damaged seals. Despite clear evidence of container issues, shipping lines often deny claims, stating that the container was clean when it left the port. Insurance companies may also reject claims based on clauses excluding damage caused by unseaworthy containers.
Understanding Your Rights
Shipping lines have a legal responsibility to provide seaworthy containers. This means the container must be in good condition to protect the cargo during transport. If your cargo is damaged due to a container’s poor condition, the shipping line may be liable for the loss.
Inspecting the Container
Before loading your cargo, carefully inspect the container for any signs of damage. Look for:
- Holes or cracks in the walls and roof
- Damaged doors and seals
- Rust, dents, or other signs of wear and tear
- Adhesive labels from previous cargo
- Missing or damaged container components (for specific container types)
Take pictures of any damage you find. This documentation will be crucial if you need to file a claim.
What to Do if Your Cargo is Damaged
If you discover cargo damage caused by water ingress, take the following steps:
- Document the damage: Take clear pictures of the damaged cargo and the container, including the areas where water entered.
- Involve a surveyor: If possible, hire a surveyor to inspect the damage and provide a report.
- Keep all shipping documents: This includes the bill of lading, packing list, and any communication with the shipping line.
To increase your chances of a successful claim, you must be able to prove that the container was not seaworthy. Your inspection records and photographs will be essential evidence. Additionally, understanding the legal obligations of the shipping line can strengthen your position.
While it is impossible to guarantee that your cargo will never be damaged, taking the time to inspect containers and document their condition can significantly reduce the risk of loss, you can better protect your investment and recover losses when necessary.
Remember: Prevention is always better than cure.
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.
