Loss of goods in transit
- Loss of goods in transit
- Who is responsible for the loss of the goods?
- Who is responsible for the cargo?
- Who is responsible for loading the container?
- Those who are responsible for the cargo of a ship.
- Who should load the truck?
- What is loss of goods?
- Who is responsible for a ship’s cargo?
- Law 15 2009
- Who must be present during the unloading of the goods?
- What is cargo security?
- How to accommodate cargo in a container?
- Freight transport law
2.3 The Shipper authorizes RAICO to open and inspect any package at the request of airport or customs governmental authorities and for security or regulatory reasons.
3.1 The Shipper warrants and is solely responsible for compliance with applicable laws and regulations, including, but not limited to, customs, import and government regulations of the country of origin and destination.
3.2 The Shipper shall provide all information required on the air waybill and attach all documentation required by the regulations of the country of origin and destination of the shipment, including but not limited to permits, licenses or authorizations. These will be provided as a sworn declaration and will be used for the procedures required by the customs authorities and for the determination of any duties and taxes applicable during customs clearance at destination. If they are insufficient, the Shipper authorizes RAICO to complete, correct, replace the documents on its behalf or even issue a new air waybill to complete the delivery. Any costs incurred by RAICO due to insufficient documentation or information provided shall be borne by the Shipper.
Who is responsible for the loss of the goods?
The purpose of the LCTTM liability is to make the carrier liable for the total or partial loss of the goods, as well as for any damage suffered by them, during the period of time between the receipt of the goods for transport and their delivery at destination.
Who is responsible for the cargo?
In this regard, as we have seen, legally the responsibility for loading and stowage corresponds to the shipper, unless agreed with the carrier, previously, in writing and prior to the presentation of the vehicle.
Who is responsible for loading the container?
It is the shipper’s responsibility to load the container correctly.
Those who are responsible for the cargo of a ship.
The liability for the deterioration that the goods may suffer during the time they are in the custody of the authorized carrier, shall be imputable to the latter, unless it comes from error or negligence of the sender; inadequate packing; inherent vice of the transported products; fortuitous event or force majeure; handling, loading or unloading of the goods by the sender or consignee; strikes or other obstacle to transportation that are not the result of the action or omission of the authorized carrier, its employees, hired workers, agents or by the acts of third parties. The burden of proof shall be on the authorized carrier.
ARTICLE 97. The authorized carrier, without assuming responsibility, may refuse to receive goods with packaging in poor condition, that does not have sufficient strength for protection during transportation, or that does not comply with the specifications corresponding to the type of cargo declared. Notwithstanding the foregoing, the goods may be transported at the risk and expense of the sender, which shall be recorded in the CPIC.
Who should load the truck?
Sometimes we encounter an unwritten obligation that can cost the truck driver his job if he refuses to load and unload. However, the law is clear in this regard, this task corresponds to the shipper or the consignee and not to the driver.
What is loss of goods?
Loss of goods is a risk that occurs when transporting products, especially in exports. … Merchandise loss refers to shrinkage, deterioration and other changes that affect the integrity of the goods, but also to disappearance due to theft or human error.
Who is responsible for a ship’s cargo?
The purser is the officer responsible for the ship’s cargo. He/she must prepare and prepare the documentation related to the cargo and the crew, and attend to the reception, inventory, preservation and delivery of the cargo.
Law 15 2009
The second reason is related to the reform being carried out in other modes of transport. Indeed, it would seem to be a magnificent opportunity to take advantage of the impetus provided by the processing of the General Maritime Navigation Law to also undertake the reform of the contract of carriage of goods carried out by other modes, such as road and rail. This would result in the updating of an important part of transport law.
The law chooses to regulate the contract of carriage of goods in its two variants, road and rail, in a unitary manner. In principle, the precepts are common to both modes, without prejudice to offering specific solutions for rail transport of goods in the appropriate places, when necessary or convenient.
Once again, the influence of international texts, mainly the CMR, is deeply felt in the precepts dedicated to the carrier’s liability for loss, damage or delay. There are certainly no compelling reasons for regulating the carrier’s liability in very different terms at the international and national levels. Thus, the same system of grounds for exoneration is adopted, with the now classic distinction between privileged and ordinary grounds based on the existence or not of evidentiary facilities.
Who must be present during the unloading of the goods?
The driver must be present during loading and unloading operations, both at origin and at destination, and carry out a visual inspection of the goods to check their condition.
What is cargo security?
What exactly is cargo security? It is first and foremost that the goods remain on the vehicle, that no one is injured and that the goods are not damaged.
How to accommodate cargo in a container?
The weight of the cargo must be evenly distributed inside the container, trying to accommodate the goods in the whole area or, if there are empty spaces, cover them with filler material. If the container is heavier at one end, this can cause problems during transport.
Freight transport law
Firstly, the parties responsible for carrying out the tasks of loading and stowage of goods are regulated in Article 20 of Law 15/2009, of November 11, on the contract of land transport of goods, which states that:
“The loading operations of the goods on board the vehicles, as well as the unloading of these, shall be for the account, respectively, of the shipper and the consignee, unless these operations are expressly assumed by the carrier before the effective presentation of the vehicle for loading or unloading. The same regime shall apply with respect to the stowage and unstowage of the goods”.
This is so, since we understand that it is the shipper who knows perfectly well the nature of the goods and the use and handling of the tools and utensils for their handling, adequacy and placement.
Although it is true that, in certain sectors, the choice of loading and unloading by the driver (in short, the carrier) is seen as something inoperative and inappropriate due to loss of time, lack of knowledge or adequate tools, etc., there are also a multitude of different situations in which the assumption of this service could be a plus.