International cargo transportation is a complex process where unforeseen problems may occur at every stage. It’s impossible to predict all force majeure events, and goods often arrive at their final destination with defects or damage. Such incidents may also happen at the sender’s warehouse before shipment. What should you do if cargo from another country arrives damaged? How to obtain compensation and protect your interests in court if the carrier refuses payment? How to properly organize work with a surveyor who will inspect vehicles, warehouse facilities, and goods? Let’s examine these questions.
Carrier’s Responsibility
After completing cargo acceptance documents, the carrier becomes fully responsible for its safety until delivery to the customer (unless otherwise specified in the contract). If upon receiving goods the customer discovers damage, incomplete sets, or partial loss, these issues must be recorded in the goods acceptance certificate. Without such remarks, the work is considered properly completed with no customer claims against the transport company. The carrier compensates for damage caused by:
- Road accidents, even if caused by another party;
- Using inappropriate transport;
- Violations by responsible personnel (during loading/transportation).
A forwarder can only be held liable if their fault is proven. Natural loss or force majeure (natural disasters, military actions) don’t qualify for compensation.
Compensation amounts depend on damage severity: complete spoilage making goods unusable, minor damage, or shortage (partial loss).
Actions When Discovering Defects
Cargo must be inspected upon receipt. If defects are found:
- Notify the carrier immediately;
- Document damage with photos/video;
- Photocopy the waybill showing route and transport type;
- Unload separately, isolating damaged/lost items;
- Prepare a damage/shortage report for the driver’s signature. If refused, form an inspection committee.
The consignment note should reference the claim report with compensation details. Submit a formal claim to the carrier describing circumstances and demands.
If unresolved within a month, escalate to court.
Without claims experience, engage a survey company to assess damage and prepare a detailed report. This document with supporting evidence becomes crucial in legal proceedings.
Working with a Surveyor: Step-by-Step
The consignee may reject goods if rendered unusable. The surveyor engagement process involves:
- Preparation: Gather documents (waybills, invoices, policies) for the surveyor’s brief;
- Inspection: Provide full access to goods, separating damaged items. The surveyor examines all items, documents damage extent/type, photographs, and counts affected units;
- Salvage: For insured events, the surveyor assists in preserving undamaged goods (drying wet items, repairing refrigeration equipment, etc.).
Determining damage causes is often complex, requiring experienced specialists. When exact causes can’t be established, the surveyor may include their professional assessment in the report.
The inspection answers key questions:
- Connection between damage and transportation;
- Compliance of packaging/storage with international standards;
- Financial impact of the damage.
The final report includes lab tests, video/photo evidence, findings, and corrective recommendations. All violations must be documented and submitted to the carrier within 7 days of discovery. Missed deadlines imply cargo acceptance without objections.
Our company has conducted survey inspections since 2009 across 26 countries, resolving complex disputes in international shipping. We provide precise, professional handling of insurance cases, helping mitigate risks and recover losses. Our specialists continuously upgrade their qualifications through specialized training, with client testimonials confirming our reputation. Contact us today for solutions to any logistics challenges.
