Notification of claim

No matter how well goods are packed, transport damage is a common issue. Still, they are very annoying for both the customer and the seller. The scope of claims foreseen by the law depends largely on one's own conduct. What behaviour is right in such a case? Who has to bear the transport risk and who is liable for damages occurring during transport? Answers to these and other questions can be found below. 

Correct behaviour in the case of damage during transport

Despite good packaging, damage during transport is possible. It is therefore very important to check the goods for damage upon delivery. Does the box look squeezed, tampered with or is it damaged? Is the number of packages correct? If damage or defects are visible, they should be documented and noted in the shipping documents. The information is passed on immediately by email, fax or telephone to the person in charge. All this is absolutely necessary to be able to resolve the matter later. The next steps can include return and exchange of the product. 

Klivatec B.V Piotr Spikier – Pelgrimsweg 14 - 5018EN Tilburg - Netherlands

Phone: +31 684 817 783 - E-Mail: info@klivago.com

Delivery of the goods by freight forwarder

In particular large devices are shipped with forwarding agents. In the case of obvious transport damage, the package should be opened in the presence of the carrier and the damage should be noted on the delivery document with date, time and signature. It is important to have the damage certified by the carrier and to note the registration number of the van. Acceptance of the transported products should be declined. Photos are of help as evidence for easier handling of the claim. 

Delivery of the goods by parcel service

If the packaging is damaged from the outside, acceptance should be declined. The goods and packaging should remain unchanged and should not have any signs of use. If the product is urgently needed, the damage must be noted with date and time on the delivery document in the presence of the driver, who must acknowledge it. The damage is then reported. 
 

Various types of damages during transport
 

What does open transport damage mean?

In the event of open transport damage, the outer packaging is squeezed, torn or otherwise damaged. The delivered package should be opened in the presence of the deliverer to make sure that there is no hidden transport damage. It is verified whether the goods are damaged, or something is missing. If this is the case, the deliverer must immediately make a protocol and note the damage. Open damages must be reported within 24 hours. You can decline the acceptance of the delivery due to the damage. Photos of the damaged items are very helpful as evidence. The basic principle is: your signature not only confirms that the goods have arrived, but also that the condition of the packaging does not have any visible defects. If this is ignored, claims for damages during transport are excluded.

What is hidden transport damage?

In the case of hidden transport damage, the outer packaging is not damaged, but it appears that the contents are. Hidden transport damage is therefore only visible when the packaging is opened. If this happens, it is important to check the goods immediately in the presence of the carrier. The damage must be reported in writing by fax or e-mail within the next 48 hours after handover of the goods. The goods, primary packaging and shipping packaging should be kept in any case for possible verification of the transport damage. Photos serve as evidence. Defects discovered later that resulted from improper handling during transport will not be recognised and replaced. The same applies in the event of missing primary packaging and shipping packaging. The delivery should therefore in no case be accepted conditionally.

Klivatec B.V Piotr Spikier – Pelgrimsweg 14 - 5018EN Tilburg - Netherlands

Phone: +31 684 817 783 - E-Mail: info@klivago.com

Conclusion

These were some the tips on how best to detect, handle and correctly resolve issues related to damage during transport. It is always vital to unpack the goods in the presence of the driver in order to check them, make a note of the damage, have it confirmed, and preferably report it immediately in order to be able to assert the claims.