Submitting the right evidence for your Cargo Claim is key to a faster resolution!
One thing we are always asked is…WHY so many documents when submitting a cargo claim?
If you have followed us for some time, you will notice that we talk about the importance of submitting the right documents in the case of a cargo claim, but here we WHY these documents are required.
The BL is required as it is the contract of carriage between the shipper and the carrier. The terms on the front and back of the BL outlines the terms of the contract.
The commercial invoice evidences the value of the cargo. The value on the invoice will be used to calculate the quantum of loss.
This is the evidence of the quantity of cargo stowed in the container by the shipper.
If you are submitting your claim via a third party, such as a legal firm, you are required to give permission to the third party to pursue the claim and collect funds on your behalf.
In all cases, regardless of how small your claim is, a notification of damage or loss of cargo MUST be sent to the carrier within 3 days of delivery. This is to evidence that the cargo was found damaged at the time of destuffing the container, not subsequently.
Taking photographs of the damaged cargo during the destuffing process further evidences the fact that the cargo was indeed found damaged at the destination, not subsequent to offloading the cargo. These photographs also reflect the extent of the damage.
Photographs of the actual container may assist to prove the cause of the damage to cargo. Such as whether there was a hole in the container, the door gaskets were damaged, the temperature was set incorrectly, etc.
Although not always required, a survey report is a great tool to use in the recovery process. It should establish and outline the condition of the cargo, the type of damage and the cause of the damage. It should also establish the condition of the container at the time of receipt.
It is a requirement by all carriers, established in the terms of the BL, that any damages must be limited as best as possible. Loss mitigation evidence can be in the form of salvage sale proceeds, repair costs, costs related to sorting and repackaging of cargo, etc.