Proving that the carrier is liable for damage suffered is often an expensive and time-consuming process.

We can arrange insurance cover for the goods and negotiate premium rates that reflect the exposures together with any potential recoveries under the conditions of carriage.

Any recovery claims are fully handled by our experienced claims team.

Why you should not rely on the carrier for recompense:

1. CMR Conditions

The carrier can avoid liability for any loss caused by:

• the neglect of the claimant/customer
• the instructions supplied by the claimant/customer (unless the carrier has acted wrongfully)
• unpreventable circumstances e.g. -cross channel ferry sinks, hi-jack, puncture & vehicle overturns
• the use of an open or unsheeted vehicle providing the consignment note expressly agreed that such a vehicle could be used handling, loading, stowage or unloading performed by the sender/consignee or persons acting on the senders'/consignees' behalf.
• It is imperative that the consignee checks the goods on delivery & advises the carrier of any reservations in writing on the CMR note as to the goods condition and also writes to the carrier in the case of apparent loss or damage immediately, or within seven days if the damage was not apparent. Again, if this is not done, the carrier can avoid liability.

If and when the carrier is shown to be liable, liability shall not exceed 8.33 SDRs per kilo. This equates to approximately £7,400 per tonne.

2. RHA 1991 and 1998 Conditions of Carriage

• The carrier can subcontract loads to any other carrier. The name of sub-contractors need only be supplied to the customer on request
• The carrier does not accept liability for damage caused during loading & unloading where special appliances are required and have not been supplied by the customer
• Any service needed beyond the usual places of collection or delivery are at the sole risk of the customer
• Although the carrier will sign a consignment note on collection of the goods, this will not be evidence of the quantity, weight, correctness or condition of the goods
• The carrier shall not be liable for any loss or damage arising from any consequences of war, strike, riot or civil commotion
• When the carrier is found to be liable for loss or damage to goods generally, this liability would be restricted to £1,300 per tonne usually based on the gross weight of the consignment
• The carrier can avoid liability for loss from, or damage to any part of a consignment unless advised in writing (other than upon a consignment note) within three days and a written claim submitted within seven days of the transit terminating.
• The carrier can also avoid liability for loss of, or damage to an entire consignment unless advised in writing (other than upon a consignment note) within 28 days and a written claim submitted within 42 days of the transit terminating
• The 1991 conditions were revised to become the 1998 conditions which allowed a one year time limit effective from the date of collection of goods. Also liability based on the cubic capacity calculation was no longer included.

Please use the drop down list below to select another page from the Corporate & Commercial section, or click here to return to the Corporate & Commercial introduction.

top of page