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People also ask
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Who is responsible for freight damage?
This Federal Law addresses the issue of liability between shippers and carriers. Under the Carmack Amendment, the carrier has strict liability for cargo that is in “its care, custody, and control”.
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Who is responsible for cargo damage?
The shipper (that is, the party whose cargo is transported) can present a prima facie case of liability by proving that it delivered the cargo in sound condition at the load port, the cargo arrived in damaged condition at the discharge port and the shipper suffered monetary damage as a result.
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What documents are required for a cargo damage or loss claim?
Proof of shipment and related issues. Packing list. Packing list including weights, measurements and detailed lists of the goods in each package. Bill of lading. Bill of lading showing the full details of what was shipped including the origin address, destination address, and International Commercial Terms (Incoterms).
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Is the seller responsible for the freight costs?
The CFR (Cost and Freight) Incoterm defines a seller's and buyer's responsibilities and risks. The seller is responsible for delivering the goods on board a ship at the port of shipment, including all the costs involved, such as transportation to the port of destination, export customs, and charges.
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Who is responsible for damaged shipments?
In most cases, the shipping carriers are responsible for the damaged contents. Still, the customer often considers you, the seller, responsible for the bad experience.
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How long does a carrier have to settle a freight claim?
Payment, Declination, or Settlement Offer (49 CFR § 370.9): Within 120 days of receiving a claim, motor carriers must either pay, decline, or make a firm settlement offer in writing.
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How do I claim cargo damage?
For convenience, refer to this checklist if you received damaged freight: Copies of photos depicting the damage. A copy of the packing slip. Bill of Lading copy. Paid freight bill copy. A copy of the invoice showing the price paid for the damaged goods received.
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Who is liable for freight damage?
Carriers are almost always responsible for transit loss or damage. However, consignees have a legal responsibility for keeping damage costs at a minimum and must accept damaged freight that can be reasonably repaired. If the goods are damaged so much that they become almost worthless, you may refuse the delivery.
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