DISPUTES OVER DELIVERY

S.R.P.M.16 chemin de Tout Vent.BP 7 .86280 .SAINT/BENOIT. Cedex - Tel: 05 49 55 91 35 -Fax: 05 49 55 93 5


Disputes over international road transportation.

Road transportation

In case of damages or partial losses

-If the damages are noticeable - Describe precisely the reserves on the consigment note, on delivery.

-If the damages are not noticeable - Send a letter of reservation to the carrier within seven days following the delivery (except sundays and legal holidays)

-Avoid the aggravation of damages by taking all useful and safety measures: re-packaging, etc....

-Responsabilities are limited : 8,33 DTS per kilo

In case of delay:

Compensation for delay, can be obtained if writter reservations have been notified within 21 days after the delivery;

Compensation is limited to transportation cost.

Prescription

In case of damage or partial loss

-One year starting on the delivery day

In case of total loss

-A year starting the 30th day following the expiration date of the agreed delay, or, if there is no agreed delay the 60th day following the delivery.

The prescription is suspended in case of a written complaint, until the day the carrier turns down by letter, the complaints and all documents attached.

Advise the insurance representative as soon as the damage is known.

Exception

-Proper defect of the merchandise

-Major difficulty

-Mistake of the eligible party

Case of irresponsibilities

-Use of an opened vehicle if it has been decided otherwise on the consigment note of the transportation contract.

-Handling, loading, stowing,unloading of the merchandise by the dispatcher or the consignee.

-Lack or bad packing

-lack or bad marking and bad parcelnumbers

-Transportation of animals(alive)

The consignee must bring the proof that the damages come from these cases.

Following procedures

-The client must know that he can help in case of an appeal against th carrier.

-It is to the client, consignee of the merchandise; to make reserves during the delivery; without them in case of loss or damage, he himself or the dispatcher will loose right to compensation.

-Then the designee should be aware of the important role he has in the reserves to be made against the carrier.

-Reproduced below is a Procedure Sheet sent by a manufacturer to his client.


PROCEDURE SHEET in case of dispute during transportation.

DURING DELIVERY: No discharge or signature should be given before a complete verification of the merchandise.

--In case of reserves, describe clearly the nature and importance of the damages on the consigment note or on the delivery sheet, before signing.

--Send a letter with an acknowledgment of receipt to the carrier within 24 hours following the delivery.

--In case of important damage within 15 days following delivery of the merchandise, call the carrier representative.

--Call SRPM who will designate this representative.

No visible damages:

--Keep copies of any document relative to the delivery;

--Send within 3 days (France) or within 7 days(International) a letter with an acknowledgment of receipt to the carrier in charge of the delivery.

--Send a copy of all the documents(invoices,reserves, list of merchandise etc..) and all correspondence with the carrier to SRPM (Marie-Christine)

Tel 0549559131 Fax 0549559355

Remarks

1 - Evaluate the amount of the damages

2 - Make reserves on the consigment note of the transportation contract, indicating if the merchandise are damp, if there are holes in the canvas cover or on the floor, if the load has moved or has been damaged during the transport.

3 - Before sending a letter of acknowledgment of receipt make the reserves on the consigment note of the transportation contract, and call us.

4 -Confirm everything by letter with AR within 24 hours.

- to the carrier

- to the manufacturer

5 -Send us a copy of all the correspondence

If the amount of the dispute is over 1500 Euros call us, and in any case ask for an expert or a bailiff to write a detailed report, avoiding the explanation given by the driver.

Give the state of the vehicle; the departure time from the manufacture, the load state (if fixed

indicate the no. of the fixing strap) note the temperature and the meteo.

In any case give as much information as possible, but no commnts, that could be used against the dispatcher or the consignee.

Sample Letter:

SRPM

16 Chemin de Tout Vent - B.P 7 - 86281 SAINT BENOIT CEDEX

Tèl : 05.49.55.91.35 - Fax: 05.49.55.93.65

 

Number of pages: 1

 

SAINT BENOIT:

 

LETTER WITH RECEIPT OF ACKNOWLEDGMENT

 

Mr.

 

Dated ..........we have received products from firm ..........................for which we have stated reserves on the waybill, and we have

stipulated :

......................................................

..................................................... (Details of the dispute :nature, quantity)

....................................................

Since the dispute exeeds the amount of (*), we would like you to inform us of the date of the call of your expert or insurance company.

After 40 days, the merchandise will be kept outside without protection.

Our supplier will be informed within 10 days.

 

Yours truly.

 

SIGNATURE

 

(*) If the dispute is over 1000 Euros