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Cargo claims

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    • 1. CARGO CLAIMS
    • 2. INTRODUCTION It is a legal demand by a shipper or consignee to a carrier for financial reimbursement for a loss or damage of a shipment
    • 3. Claims For Shortlanding • If some cargo are found missing while taking the delivery, the freight forwarder will notify the shipping company and lodge a formal claim. • The shipping company will take up with port authorities for tracing cargo, if not traceable it will send tracers to ports where the ship has visited. • Port authorities will issue tally sheets and remark’s list to the company. • If port’s tally is short and the missing packaging are not traced, the port and company will confirm it. • The port authorities will out-turn the missing goods as “shortlanded” and will issue a shortlanding certificate.
    • 4. Claims For Loss or Damage • If a part of consignment is found defective while landing, the consignee has to apply to the shipping company in a writing requesting to hold a ship’s survey . • Survey has to be sought within three days. • A joint survey can be arranged. • Consignee can thereafter clear the goods and submit to the shipping company cargo claim for loss and damage. • Refund of custom duties has to be claimed within six months. • The appropriate measure for damage is the invoice price plus freight, duty and profit on resale.
    • 5. Who has the Right to Claim ? • The endorsee of the Bill of Lading. • The innocent holder of value.
    • 6. Limitation of Liability • According to Indian Carriage of Goods by Sea Act, unless the value of goods is stated in the bills of lading, liability of carrier is limited to 100 pounds sterling. • After 1979, the amount was calculated in SDR. • 2 SDR per kilogram of gross weight of the good. • The limits of liability can be increased if : If shipper makes a declaration of the value and nature of goods to the carrier before shipment. The declaration is stated in the bill of lading.
    • 7. Custom Duty • Duty will have to be paid on dutiable goods at rates specified under the customs act. • Consignee can claim refund on lost or missing goods. • The customs will levy a penalty which the shipowner will have to pay.
    • 8. Prevention of Loss or Damage • Strong packaging. • Marking. • Use quality ink or paint. • Strict supervision. • Proper Stowage. • Proper Tallying. • Proper stacking. • Restricted circulation of Documents. • Efficient Security system.