Policy & Compliance
“ In general terms, a one-year time bar applies in most surface
international conventions.
time bar in the case of wilful misconduct. We hope that this
article has highlighted the need to submit the initial claim promptly against the carrier
on behalf of clients who have suffered a loss, which may take some time to resolve. BIFA has issued guidance entitled Insurance and Claims Handling for BIFA Members (Freight Forwarders) Guidance , which Members are encouraged to access. In many ways, submitting the claim is the easiest part of the claim process; the more difficult part is to decide when legal action should be commenced.
Please note that while every care has been taken preparing this guidance, the
matters referred to in it are subject to review, renewal and amendment. This document does not constitute advice and the views of a specialist, suitably qualified, solicitor should be consulted for additional information.
International Convention CMR
Notification Period Loss or damage – at the time of delivery in the case of apparent loss or damage, or within seven days of delivery in the case of concealed damage For delay – within 21 days from the date when the goods were placed at the disposal of the consignee For loss or damage – at the time of removal of the goods from a container where it is apparent. If not apparent the claim must be notified within 3 days For loss or damage the time limit is 14 days from the receipt of the cargo For loss or damage the time limit is 14 days from receipt of cargo
Limits of Liability for loss or damage For loss or damage 8.33 SDR per kg of gross weight affected For delay the damages shall not exceed the value of the freight charges
Hague Visby
2 SDR per kg of gross weight affected, or 666.67 SDR per package/unit (whichever is the higher)
Montreal Convention
26 SDR per kg of the gross weight affected
Warsaw Convention
17 SDR per kilo of the gross weight affected
SDR – Special Drawing Right, an international reserve asset, created by the IMF in 1969. The value of the SDR is based on a basket of five currencies— the US dollar, the euro, the Chinese renminbi, the Japanese yen, and the British pound sterling. Refer to the table on page 9 of this issue of BIFAlink
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