Who is liable?

[ryly1979]

Hi All
I am hoping someone on here can clear something up for me?
I send pallets of desirable goods all over Europe, I use a Freight Forwarder who in turn puts our goods through a European pallet network, I recently send a pallet out to Pisa in Italy and upon arrival the black shrink wrap and company printed security tape was all ripped on one side of the pallet, which has happened in transit through one of three to four European depots(hubs).
Now here is the problem the customer has found that nearly £2000 worth of goods were not on the pallet, I got a pod from the delivery depot in Pisa which is not a CMR and that has come back that the pallet was signed for as unchecked(photo’s prove that it had it’s wrap torn)

I have now asked for copies of the CMR that these goods would have transited with and am awaiting these to come through.

My questions are as follows

1. if the wrap was torn should it be written in the reservations box on the CMR at each point the pallet was taken over?
2. if nothing has been written in the reservations box, who is liable for the loss?

any help would be much appreciated and if this is in the wrong forum please could one of the mod’s move it to the right one for me?

[fly_sheet]

I’d be changing my forwarder to start with.

I would say if the CMR has’nt been claused after your goods where noticed damaged at its next hub then its down to the last bloke who delivered it myself. I doubt this helps.

I’m a firm believer that pallet networks have been the ruination of transport both domestically & internationally & think if I was moving valuable goods I’d want it on a direct groupage trailer to country of delivery at the very least.

[rob_k]

What happened to the other 10 replies on this thread■■? Have the moderating Stasi been here again?

[acd1202]

My take would be that your claim is against the freight forwarder whom you instructed and who you will in due course be paying. If they believe that the fault lays further down the line then it is for them to recover their loss from the sub-contractor.

The bottom line is though if this forwarder does not want to accept liability for the loss, consult your solicitor, for some proper legal advice.

[denis_f]

Rob K:
What happened to the other 10 replies on this thread■■? Have the moderating Stasi been here again?

here you go Rob

viewtopic.php?f=3&t=68428