Goods transported in the context of trade are subject to many specific risks (loss, theft, breakage, wetness, etc.), in addition to the risks linked to operations associated with transport - handling - loading - unloading - storage. The insurance freight concerns those transported by sea, land, air and river. These goods can be of different natures.
Conditions of freight insurance
- The nature of the goods insured
- How these goods are packaged
- The route and the geographic area served
- The number and weight of packages or quantities to be shipped
Method of transportation
There is a separate insurance policy for the goods transported according to the method of transport : air freight, sea freight, rail freight and/or trucking.
Insurance of international transport
The duration of the guarantee is determined at the time of conclusion of the insurance contract (from store location ... to store location ...; from edge to edge including loading and unloading operations, etc.). The duration of the guarantees is generally limited:
- Air: 15 days after arrival of the plane at the airport
- Maritime: 60 days after unloading of the last ship
- Road: 15 days after arrival at destination.
- Rail: 15 days after arrival at the train station.
Issue of reservations upon receipt of goods
When the goods ordered are delivered in a different state from that which they had when loading or transferring responsibilities, the carrier is presumed responsible. At the risk of seeing any claim refuted by the insurer in the event of damage during transport, the receiver must always check the goods and issue reservations if necessary: ​​If reservations are not taken, any action may be definitively extinguished.
Reporting
On delivery, in case of apparent damage, it is imperative to make a report and to confirm them immediately by registered letter with acknowledgment of receipt within 3 working days. If you use DocShipper insurance service, this can simply done by contacting your dedicated consultant.
In case of partial loss or damage
- In all cases, report the issue on deliver
- Apparent damage: Taking picture as proof of damage
- Non-apparent damage: Proof of damage from a certified third part authority
- Any document or copy of the document on which the report have been made must be kept
In the event of total or partial loss, the transporter must provide you with a loss certificate within 30 days of the expiration of the agreed delivery time or within 60 days of taking charge…
Documentation in case of litigation
- Commercial invoice
- Packing list
- Transport ticket (waybills; delivery note, LTA etc.)
- The report you have done
- Expert or bailiff's reports (if applicable)
- Insurance certificate
Liability of the carrier
The shipper will be compensated by the carrier according to the ceilings fixed by the transport agreements. The consequences can be very serious. The possibility that the amount of compensation is, significantly lower than the actual value of the damaged goods.
Liability limits
The carrier's liability limits are expressed in SDRs (Special Drawing Rights).
Calculation rules
- Road freight - CMR Convention: 8.33 SDR per kilo, i.e. approximately € 11.72 per kilo.
- Air freight - Warsaw Convention: 16.5837 SDR per kilo, or approximately € 23.33 per kilo.
- Sea freight - The Hague and Visby Rules: 2 SDR per kilo, or approximately € 2.82 per kilo.
“Ad Valorem ” insurance
The limitation of the carrier's liability, even the exemption from this liability in the event of damage to the goods, poses a significant problem. The sender seeing himself partially compensated or not at all.
To avoid the inconvenience that a “third-party shipper” insurance policy could cause, the shipper can take out an AD Valorem insurance policy. With its transport operator. The latter having no direct link with the price of transport, is made on the real value of the goods.
AD Valorem insurance cover the shipper not on the basis of the principle of liability, but on the basis of the actual value of the damaged or lost goods. The expected profit can also be included if the goods arrived in good condition and were sold when concluding the contract.
Carrier exemption cases
As a general rule, there is a presumption of liability for the carrier as soon as the goods are delivered in a state different from that which they had at the time of loading (case of breakages, losses, etc.). If the carrier proves that he has made all the necessary arrangements during transport and that his responsibility is not engaged, he will not pay any compensation to the shipper. This exemption case is also valid for circumstances falling within the scope of force majeure. Or a situation for the carrier "Unpredictable, Irresistible, External to his business".
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