For days or weeks you have been looking forward to the parcel delivery. But when you unpack it, you discover that the goods are damaged. This raises the question: Who assumes liability in the event of damage?
What is transport damage?
This question sounds simple at first, but it is not quite so easy to answer. By no means every transport problem is also a transport damage. For example, your package may have fallen over during transport or been hit by a forklift truck. In this case, the transport service is liable.
In the case of other problems, such as late delivery or delivery to the wrong address, there is strictly speaking no transport damage. It is true that the transport service can also be held liable in such cases, but for other reasons.
When is the transport service liable for the damage?
All information on liability can be found in the so-called German Freight Forwarders' Standard Terms and Conditions (ADSp for short). There all rights and duties of a forwarding agent are listed. In general, the following applies: The transport service is liable if it has violated one of the listed obligations and thus caused the damage to your delivery.
Below are some examples that illustrate when the transport service is liable:
- Transport damage due to inadequate packaging
The client is responsible for the correct packaging of the transported goods. If damage occurs during transport because the goods were not properly packed, the transport service does not assume liability.
- Transport damage during transshipment
When reloading your shipment, a forklift truck hits the package, causing it to be damaged. If the package was properly packed by the client, the carrier is liable for the transport damage.
- Transport damage due to inadequate load securing
During transport, the goods must be well secured so that they cannot fall over or slip. If this is not the case, the transport service assumes liability in the event of damage.
What do I do if the goods have been damaged in transit?
In principle, transport damage, whether caused by a parcel service or a freight forwarder, should always be documented and reported as soon as possible. When the package arrives, you should first check the delivery for the number of pieces and the condition of the goods. If the packaging is damaged, it is open damage. If the packaging is in good condition, but the contents are busy, this is referred to as concealed damage.
In any case, you should always report transport damage to the driver so that the damage can be documented. In the case of overt damage, this should be done immediately or within the next 24 hours, and in the case of concealed damage, within seven calendar days. You should photograph any damage and, in the best case, leave the delivery as you found it.
Conclusion: Who is liable in case of damage and what happens then?
All rights and obligations of a forwarding agent are listed in the so-called General German Forwarding Agent Conditions.
- In general, the following applies: The transport service is liable if it has violated one of the listed obligations and thus caused the damage.
- In principle, transport damage should always be documented and reported promptly.
- In the case of overt damage (damage to the packaging), the reporting deadline is 24 hours; in the case of concealed damage (damage to the contents of the packaging), the reporting deadline is 7 calendar days.
- You should photograph and document any damage and, in the best case, leave the delivery as you found it.
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Editors fitnessmarkt.de (EA)
Published on: 22 May 2019