Conventions, Limitations, Time Limits
There are various conventions depending upon the mode of transport and within those conventions there are different time and package limits which can severely prejudice your rights of recovery.
| Time Limits | Notification Period | Limit of Liability | |
|---|---|---|---|
| HAGUE RULES | |||
| Loss | ONE YEAR from date of delivery or when they should have been delivered | Within 3 days - but at time of delivery if apparent. | £100 per package or unit. (This limit can vary from country to country. If you do need further info please contact us). |
| Damage | As above | As above | As above |
| Delay | As above | Within 3 days | As above |
| Add.Info | A higher limit can be set by agreement. | ||
| HAGUE VISBY RULES | |||
| Loss | ONE YEAR from date of delivery or when they should have been delivered. | Within 3 days - but at time of delivery if loss apparent. | 2 SDRs per kg or 666.67 SDRs per package/unit (whichever is the higher). |
| Damage | As above | As above | As above |
| Delay | As above | Within 3 days | As above |
| Add.Info | A higher limit can be set by agreement. | ||
| HAMBURG RULES | |||
| Loss | TWO YEARS from date of delivery or when they should have been delivered. | Within 15 days - but the next working day if apparent. | 2.5 SDRs per kg or 835 SDRs per package/unit (whichever is the higher). |
| Damage | As above | As above | As above |
| Delay | As above | Within 60 days | As above |
| WARSAW CONVENTION | |||
| Loss | TWO YEARS from date of arrival, when it ought to arrive or on which carriage stopped. | US$20 per kg for cargo (unless Article 25 applies or value declared for carriage). | |
| Damage | As above |
After discovery of and: (a) within 7 days from receipt of baggage. (b) within 14 days from receipt of cargo. |
As above |
| Delay | As above | 21 days from receipt | As above |
| Time Limits | Notification Period | Limit of Liability | |
| MONTREAL PROTOCOL | |||
| Loss | TWO YEARS from date of arrival, when it ought to arrive or on which carriage stopped. | 17 SDRs per kg for cargo. (Unless value declared for carriage). | |
| Damage | As above |
After discovery of and (a) within 7 days from receipt of baggage. (b) within 14 days from receipt of cargo. |
As above |
| Delay | As above | 21 days from receipt | As above |
| Add.Info | A higher limit can be set by agreement. | ||
| CMR RULES | |||
| Loss |
ONE YEAR from (a) the date of delivery in the case of partial loss. (b) 30th day after the expiry of agreed time limit in the case of total loss (60th day from when the goods were taken over by the carrier if no agreed limit). |
If apparent, reservation must be sent at time of delivery. If not apparent, 7 days after delivery. | 8.33 SDRs per kg of gross weight short. |
| Damage | ONE YEAR from the date of delivery. | As above | As above |
| Delay | As above | 21 days from receipt. | As above. Damages shall not exceed the carriage charge. |
| Add.Info | Three months after the making the contract of carriage in other cases. 3yrs in the case of willful misconduct. | No limit in case of willful misconduct. | |
| Time Limits | Notification Period | Limit of Liability | |
| B I F A (2000 & 2005 ed.) | |||
| Loss | 9 MONTHS from date of alleged event or occurrence | 14 days from date customer became/should have become aware of event. | The value of any goods lost or 2 SDRs per kg (whichever is the lower). |
| Damage | As above | As above | As above |
| Delay | As above | As above | Twice the amount of the Company's charges. |
| Add.Info |
In other claims the least of (a) the value of the goods, (b) 2 SDR's per kg or (c) 75000 SDRs in respect of any one transaction. |
||
| R H A (1998 ed.) | |||
| Loss | ONE YEAR from when transit commenced. | Must be advised within 7 days and claim made within 14 days after termination of transit. |
The lesser of; (a) the value of the goods (b) the cost of repairing damage/reconditioning (c) £1300 per tonne. |
| Damage | As above | As above | As above |
| Delay | As above | Must be advised within 28 days and claim made within 42 days. | Shall not exceed the carriage charges, or the amount of the claimant's proved loss, whichever is the lesser. |
| Add.Info | Mis-delivery or non-delivery must be notified as with loss or damage. Any other loss must be notified as with delay. | As loss or damage for mis-delivery. As delay for any other loss. (Can be increased by prior agreement). | |
| Time Limits | Notification Period | Limit of Liability | |
| F I A T A | |||
| Loss | 9 MONTHS from the date the consinee can treat them as lost. | Within 6 days if not apparent, otherwise when goods are delivered. | 666.67 SDRs per package/unit or 2 SDRs per kg (whichever is the higher). If carriage does not include sea or inland waterways, liability limited to 8.33 SDRs per kg. |
| Damage | 9 MONTHS from the delivery of the goods. | As above | As above |
| Delay | 9 MONTHS from the date when they would have been delivered. | When goods are delivered. | Twice the freight for transport. |
| Add.Info | Aggregate liability shall not exceed limit of liability for total loss of goods. No limit where wilful misconduct. | ||
| UN-MULTI MODAL | |||
| Loss | TWO YEARS from the day after the goods should have been/were delivered. | Day after goods handed over. If not apparent, 6 days after delivery. Notice in writing stating nature and main particulars of the claim within 6 months from when goods should have been/were delivered. | Where there is a sea leg/inland waterway -920 SDRs per package/unit and 2.75 SDRs per kg (whichever is higher), Where there is no sea leg/inland waterway - 8.33 SDRs per kg. |
| Damage | As above | As above | As above |
| Delay | As above | 60 days after delivery. | Two and a half times the freight payable for the goods delayed but not exceeding the total freight payable. |
| Add.Info | Can be extended | No limit where willful misconduct. | |
| Time Limits | Notification Period | Limit of Liability | |
| C I M RULES | |||
| Loss |
ONE YEAR from; (a) 30th day after end of transit time for total loss (b) day of delivery for partial loss. |
7 days where loss not apparent, otherwise without delay. | 17 SDRs per kg of gross mass short and carriage charges shall be refunded. |
| Damage | ONE YEAR from the day of delivery. | 7 days where damage not apparent, otherwise without delay. | If the whole consignment is damage, limited to what compensation would be for total loss. If partial damage, limited to what compensation would be if that part had been lost. Carriage charges shall be refunded. |
| Delay | As above | Within 60 days | Compensation shall not exceed 4 times the carriage charge. In case of partial loss of the goods, the compensation shall not exceed 3 times the carriage charge in respect of the goods not lost. Compensation shall not exceed what would be payable for total loss of the goods. |
| Add.Info | Extended to 2 years in certain cases. | No limit in cases of willful misconduct or gross negligence. | Twice limit if gross negligence. No limit where willful misconduct. A lower limit can be agreed. |
| Time Limits | Notification Period | Limit of Liability | Application | |
|---|---|---|---|---|
| IRHA CONDITIONS 2008 | ||||
Damage |
6 months from when transit commenced Condition 10(2) |
In writing within 3 calendar days and a claim made in writing within 14 calendar days after termination of transit. Condition 10(1)(b) |
The lesser value of: a) value of goods lost, damaged or mis-delivered; or b) the cost of repairing any damage or of reconditioning goods c)€1,800 per tonne Condition 12 |
Contractual Incorporation |
| Loss | As above | As above | As above | |
| Delay | As above | As above | As above | |
| Additional Info | For any other loss the carrier must be advised in writing (other than upon a Consignment Note or Delivery doc) within 28 calendar days and claim made in writing within 42 calendar days after commencement of transit Condition 10(1)(b) and Where any period provided by Condition 10 is seven days or less, Saturdays, Sundays and all Public Holidays shall be excluded. Condition 10 (3) | |||
Whilst care has been taken in the preparation of this Guide, the matters referred to are subject to change and no liability or responsibility is accepted for any errors or omissions which may exist in it. The contents of the Guide are descriptive only and should not be used as a substitute for legal advice.
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