Cargo Damage Surveys -Claims
At Constellation Marine services, we know that cargo claims are inevitable. The essence of our services for claims made to you or to bring against someone brings us to take you step by step through the services we render to you. For all types of claims, we provide you with the best quality and proficiency with any type or any scenario of claims.
As mentioned above cargo claims can be brought in with different scenarios. This usually happens when there is unreasonable delay, damage, loss of the cargo at ports and terminal storages. Such cargo claims incur to mostly all carriers or their authorized handlers at some point in time.
Cargo Damage Surveys – Accountability for no physical damage, delay or loss
Cargo claims can be brought even when there is no such damage, loss or delay in the physicality of the cargo. This happens when all the recorded evidence which are in form of documents, have some aspect of the cargo i.e. weight, quantity, condition etc. different from the actual state of it. In such situations, confusion or misconstruction is caused by error in understanding the right description of the cargo. This in turn results in cargo claims, caused by monetary loss suffered by the receiver. We make sure from the first notice of a claim up until the finalization of it, provide you with complete evidence of the damages undergone by the receiver.
Cargo Damage Surveys – Inherent state of Cargo and its liabilities
In certain circumstances, the carrier cannot be held accountable for some cargo losses. Some cargo loss occurs due to the inherit state of the cargo, which is in no control of the carriers. Therefore, such circumstances as mentioned above cant be proven liable and they can take recourse of the common law or The Hague- Visby or Hamburg rules, whichever will be a defense applicable to the concerned carrier subject to terms and conditions of carriages. We make sure such damages caused by the understanding of the cargo are well understood by our client to further understand the nature of procedure it requires.
Cargo Damage Surveys –Collision (Damaged goods by third party vessel)
In event of a collision, Consisting of highly qualified team of individuals help you with the process of claims against a third party vessel. Claims can be made against another ship if the loss or damage can be recognized to the negligence of the other ship. In such an event, the ship that suffered the loss of cargos due to the third party liability initiated by the insurance of formal noted protest to the ship that caused them that loss negligently will make a claim. If a ship has to bring a claim against other vessels or third party vessel and If the ship-owner and ship, i.e the commanding manager or long term charters do not have a direct link and is not the carrier then, the ship-owner can be made him liable in tort. This is because the non- carrying ship has no contract with the goods affected by the collision.
Before a lawyer is initiated, the member should always contact us in order to obtain an approval to the important evidence or to provide other assistance on the scene of an incident. Usually P&I clubs have inhouse lawyers or experience to maneuver the claim in certain courts.
We believe in being transparent in our work to our clients. Involving them in the decision-making is extremely valuable to our firm. The more the client is aware, the more they are comfortable with our services, of fact finding and prompt professional reporting.
Blog Written by Ria
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