Things to consider when accepting goods from consignor

  • It is the responsibility of the sender that cargo must be packed and prepared for safe carriage considering regular risks and circumstances during the course of transit such as mode of transport, possible reloading and interim storages during the carriage, place of destination etc.
  • Both international and domestic law and practice presumes that loading operations including fastening is the responsibility of the consignor. In real life, fastening of the goods is usually done by carrier. In cases where carrier has any remarks about either packing, stowage of the cargo or fastening, these should be made into waybill.
  • Cargo waybills and packing list should contain information about the number of units (e.g. number of cases, pallets etc.) and both net and gross weight of the cargo. Carrier must check the number of packing units and visible condition, remarks must be made into waybill in case of any defences, damages etc. Where Consignor does not enable to make any remarks into waybill, driver must inform his superiors immediately and not start the carriage before he/she gets further instructions.
  • Contract of carriage must have relevant information about safe carriage including exact address and contacts of the Consignee, required transport regime (e.g. temperature, humidity) as well as indication of other relevant notes such as „fragile“ „protect from moisture“ etc.
  • In case of temperature controlled carriage, the carrier must be convinced that cargo hold is clean, dry and without any odours. Cargo temperature must be checked together with consignor and in case of any deviations what is marked in waybills, remarks must be made into waybill. All records of the temperature during the carriage must be saved at least until deadline of claims is over.

 

Things to consider when handing over goods to the consignee

  • The Consignee is obliged to check the quantity and quality of the cargo when accepting it from the carrier. In case of any visible damages or shortage, immediate notes to the cargo waybill must be made. Also a separate document indicating the extent of the damages / shortage should be formed if possible. In case there are no reservations about the damages / shortages then it is presumed that cargo was handed over without any damages and amounts as indicated in waybills.
  • If cargo loss / damage is not discovered at the moment of acceptance of cargo (no visible damages on package), then carrier must be informed during the time limits set out in the contract of carriage. Both CMR convention and Estonian law set seven days’ time limit after arrival of the goods.
  • In case of loss of or damage to the goods, all reasonable measures have to be taken to prevent any increase of the loss and minimize it.
  • Notice about the possible loss must be given as soon as reasonably possible to Compensa or loss adjuster indicated in the policy and further instructions to be followed.
  • Notice about the loss to the carrier is not the claim yet. Official claim to be presented after calculation of the loss amount together with supporting documents. Usually the time limit is one year to present the final claim.

 

Documentation required for claims handling:

  • a claim notice and a brief description of the event;
  • sales documents on the goods, i.e. offer to sell, contract of sale, invoice for the goods, or other documents certifying the sale and the delivery term;
  • documents relating to the contract of carriage, i.e. the order of carriage, the contract of carriage, the invoice for carriage, and carriage-related correspondence with the consignor or consignee and previous or subsequent carrier or freight forwarder;
  • packing lists, statements of delivery and acceptance of the cargo;
  • the claim raised against the insured person or the claim notice;
  • the driver’s letter of explanation;
  • the police statement, customs statements;
  • calculation of the amount of loss, and documents certifying the expenses relating to the loss event;
  • all other information concerning the particular transport operation and loss event.

The list is not exhaustive, i.e. all documents may not exist for all events, and additional documents may have to be submitted for some events. 

 

Claims handling 

Phone: +372 675 6756 (24/7)

Email: kahjud@compensa.ee