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A freight claim or cargo claim is a legal demand by a shipper or consignee against a carrier in respect of damage to a shipment, or loss thereof. [1] [2] [3]Typically, the claimant will seek damages (financial compensation for loss), but other remedies include "specific performance", where the cargo-owner seeks delivery of the goods as agreed.
Consignees (or indeed any lawful holder of the bill of lading) [6] who wishes to make a cargo claim because their goods are substandard or have been lost or damaged at sea, typically have four options: They may sue the seller, the shipper, or the carrier; or they may claim from their own insurance policy.
Claims under maritime contracts for repairs, supplies, towage, pilotage and a wide variety of other “necessaries” Claims for maritime torts including personal injury and death, and collision claims; Claims for the damage or loss of cargo; Claim by the carrier of cargo for unpaid freight and demurrage; Pollution claims
For examples, cargo could be leaking, or package could be damaged where the carrier has the right to issue a clause BL. "STC": if the cargo cannot be effectively examined, such as goods in a sealed container), the carrier will issue a bill of lading describing the goods as "container (identified by number) said to contain" the contracted cargo ...
A short shipment describes the absence, non-delivery, or incomplete fulfillment of cargo on a shipping list.Conversely, an over shipment describes a surplus of cargo. Short shipment and over shipment can occur for a number of reasons and can refer to an actual incorrect shipment or to a report by the recipient that disputes shipping re
When the cargo is being shipped by several different shipping companies on the same vessel, there will usually be separate bills of lading for each company, but only a single consolidated cargo manifest. On the other hand, if the cargo contains dangerous goods, there may be a separate dangerous cargo manifest. A manifest can be exchanged for ...
"Demurrage" / d ɪ ˈ m ʌ r ɪ dʒ / [1] in vessel chartering is the amount of liquidated damages owed by a charterer to a shipowner when the charterer remained in possession of the vessel for the purpose of loading and unloading beyond the time allowed by contract. [2]
In maritime law, a sea protest is a notarized statement obtained after a ship enters port after a rough voyage. Its purpose is to protect the ship's charterer or owner from liability for damage to the cargo, the ship or to other ships in a collision, where this was caused by the perils of the sea (for example, bad weather).