Damaged goods and claims handling
Have you discovered a damage to your shipment, perhaps a hidden damage, shortage or the shipment were delivered too late? Here we go in depth about what you as a customer are entitled to when you experience such an occurance.
HIDDEN DAMAGE / SHORTAGE
Should it turn out that the goods have hidden damage / shortages, we must be informed in writing about this in detail, no later than 7 days after delivery.
REMARKS ON DELIVERY
It is a requirement for you as the recipient that the shipment MUST be examined for damage / shortages upon receipt. If there are visible deviations (damage/shortages), this MUST be noted on the consignment note / CMR or on the PDA. If no remarks are made, this is considered as if the goods were in good condition with no shortages upon receipt.
INSURANCE
All assignments are carried out in accordance with the currently applicable provisions of the Road Freight Contracts Act, NSAB and the CMR Convention.
All carriers have limited liability for damage/shortage calculated upwards of SDR 8.33/kg of damaged or lost goods. SDR (also XDR) is an international currency for special drawing rights. The exchange rate can be found on the banks' currency pages here. SDR 8.33 amounts to 20.01.20. NOK 102.71/kg. No carrier have consequential liability.For you as a customer, this means that if your cargo is worth more than the limitation amount per kilo, you should acquire a transport insurance to secure your values.
Whether you should acquire an insurance will also depend on the delivery conditions under which you have purchased the products. Who bears the transport risk - you or the consignor?
If the delivery terms are DAP or DDP, it is the consignor, if they are EXW or FCA, it is you. Whoever bears the transport risk should acquire an insurance for the goods.We recommend that all our EXW customers acquires their own transport insurance.
CLAIMS FOR DELAYS
You can claim compensation for delays if we, as the carrier, have not been able to deliver your shipment within a reasonable time. Reasonable time is defined according to NSAB/CMR. You can, at most, claim to be reimbursed for the shipping costs paid for the consignment. You are not entitled to compensation for express services or similar. Our transports are always deliveries without a time promise. The claim shall be sent to our accounting department and linked to our shipping invoice.
CLAIMS HANDLING FOR HIDDEN DAMAGE/SHORTAGE
If damage / shortage is discovered after you have received and unpacked the shipment, i.e. so-called hidden damage / shortage, you must report back to us in writing within 7 days of delivery. If you do this within the deadline, the damage/shortage is considered to have been reported in time and is treated as an ordinary damage/shortage. If you do not report the hidden damage/shortage within the deadline, you have taken over the burden of proof in the case. You must then prove yourself that the damage/shortage did not occur at your side, but during transport. In practical terms, it is very difficult to be able to prove or document this. The consequences is normally that you have to bear the loss yourself.
CLAIMS HANDLING DAMAGES/SHORTAGES: DAP / DDP
Remarks of the damage / shortage must be noted in the consignment note / CMR / PDA. If the delivery conditions of the consignment are DAP or DDP (in case of import), the complaint must be directed to the consignor. The consignor bears the transport risk and, in the event of damage/shortage, has not fulfilled the contract in between yourselves. The consignor must then address the complaint/claim to the party with whom he has entered into an agreement of carriage.
CLAIMS HANDLING DAMAGE/SHORTAGES : EXW / FCA
Remarks of the damage / shortage must be noted in the consignment note / CMR / PDA. If the delivery conditions of the shipment are EXW / FCA, the claim must be directed to us in writing at our customer services department. A documented claim, showing the value and weight of the damaged / lost item, must be submitted. The commercial invoice is the basis for calculating the value of the goods. An item is only considered lost (shortage) when 60 days have passed after taking responsibility for the shipment. Claims for lost goodsshall be submitted after the deadline has expired. Should the value of the damaged/lost item prove to exceed SDR 8.33/kg, you should submit the claim to your own insurance company to have the entire amount recovered. No carrier have consequential liability, such as lost profits, waiting time etc. Your own transport insurance should take this into account. You can also choose not to have transport insurance of your shipments. You are then a self-insurer and must yourself bear the loss above SDR 8.33/kg. The claim upon receipt will be registered and processed. Expected processing time is up to 2-3 months, depending on the complexity of the case. Settlement of the claim is normally given after we have received the settlement of our recourse claim from the responsible party. If you want a quicker settlement, you should send the case to your own insurance company.
THE CARRIER IS EXEMPT FROM LIABILITY WHEN
- It's the client's fault or due to negligence
- handling, loading, stowing or unloading of goods is carried out by the client or someone acting on his behalf
- due to the nature of the goods it is easily damagable, e.g. rupture, leakage, spontaneous combustion, putrefaction, rust, fermentation, evaporation or sensitivity to cold, heat or moisture
- missing or insuficcient packaging
- incorrect or incomplete addressing or labelling of the shipment
- incorrect or incomplete information about the shipment
- under circumstances beyond the carriers control and could not avoid (Force Majeure)