Contents
Introduction
Shipper Responsibilities
Consignee Responsibilities
Salvage
Loss & Damage Claim Filing Requirements
On the following pages, you will find information about:
We hope you find this information helpful. If you need more information concerning a specific claim prevention or administration problem, please contact your Reimer sales representative or terminal office.
A number of variables can affect your shipment during transportation:
To prevent loss and damage, all of these variables must be considered when a product, its packaging, and its package markings are designed.
As the shipper, you must be responsible for:
All existing tariff and shipping regulations related to your product must be followed. Minimum packaging requirements are outlined in the following two publications:
As the consignee, you must identify and document loss and/or damage carefully. There are two types of loss or damage:
Visible or Noted Loss or Damage
Visible loss or damage means that the loss or damage was apparent at the time of delivery. Noted means that a detailed description of the loss or damage was recorded on Reimer's delivery receipt at the time of delivery. At the time of delivery, you must:
Do not use general or generic terms ("box damaged", ìsubject to inspectionî, etc.) in the description; they do not provide acceptable support for your claim. Record specific details ("switch box broken off," "release handle broken," "12-inch scratch on framework," etc.).
Note: Courts have generally ruled that a consignee may not open the containers and examine the merchandise before giving a receipt to the carrier unless the containers indicate the probability of damage.
If you discover damage after delivery and the delivery receipt has a vague notation or no notation, you may find it more difficult to obtain prompt and satisfactory settlement of your claim.
Shortages
At the time of delivery, you must:
If possible, make a written tally record when a large number of items are being received or the shipment is composed of a number of different items.
Keep the shipment together until unloading is completed in case a recount is necessary. If there is a shortage, describe it in exact terms on both the Reimer and the consignee's copies of the delivery receipt before signing for the shipment.
Mitigation of Loss
You cannot refuse to accept a shipment just because it is damaged or partially short. When practical, the shipment should be accepted, and all necessary steps should be taken to minimize the loss. A claim can then be filed for depreciation, repair costs, or replacement of short goods.
Concealed Loss or Damage
Concealed loss or damage means that the loss or damage was not noticeable at the time of delivery.
Reporting Concealed Loss or Damage
If concealed loss or damage is discovered after you have given Reimer a clear delivery receipt, you must:
Inspection by Reimer
Reimer will arrange to inspect the shipment within 5 working days and give you a copy of the Inspection Report for claim support. Include a copy of the Inspection Report when you file your claim.
Failure to Call for an Inspection
Could cause the carrier to refuse to accept any liability.
Burden of Proof
In a concealed damage claim, you have the burden of proof. You must prove that the damage was caused by Reimer, not other parties who handled the goods.
Additional Factors in a Concealed Damage Claim
The following factors are also considered in a concealed damage claim:
Legally, as the owner of the freight, you must do what you can to keep the loss to a minimum. You can reduce the loss by keeping damaged freight for a discounted price or having the goods repaired. Reducing the loss will expedite settlement of your claim.
If the goods are a total loss to you, call the delivering Reimer terminal for disposition or assistance. Any salvage must be retained for Reimer's disposition until after the claim is settled.
Loss & Damage Claim Filing Requirements
Reimer realizes that a lost or damaged shipment causes inconvenience to you and your customers. We will make every attempt to settle your claim promptly and efficiently. You can help by meeting the requirements for filing a claim.
