Cargo Damage Surveys for Investigating 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 liabilityMarine cargo claims
Fujariah 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.