Safety of cargo during transportation — one of the main tasks that a carrier must perform. This is ensured by proper packaging, selection of the appropriate vehicle, competent loading and unloading operations and compliance with all safety measures along the route. Responsibility for the safety of cargo during transportation is determined by the delivery contract, the civil code, as well as transport legislation.
If the cargo was damaged, the carrier reimburses its full cost or part of it in the amount that the cargo lost in value as a result of its damage. For goods with a declared value, the refund must be equal to the stated amount.
During what period is the carrier responsible for the safety of the cargo
The carrier is responsible for the safety of the cargo from the moment it accepted it for transportation until delivery to the recipient. This does not apply to the situation where the cargo suffered damage as a result of reasons that were beyond the control of the carrier, who did not have the opportunity to prevent their occurrence.
It should be noted that the cargo can be considered lost even if it is physically intact, but its delivery for some reason becomes impossible. The carrier's responsibility for the safety of the cargo exists regardless of whether the damage is his fault, since he assumes the risks associated with its delivery to its destination. However, liability is relieved if the carrier can provide evidence that other parties to the contract or force majeure are to blame for the damage caused.
In what case is the carrier released from liability for the safety of the cargo
- The container or vehicle has the sender's seals, they have not been broken and the vehicle has not been opened.
- The cargo was accompanied by a forwarder from the sender or recipient company.
- The shortage falls within the framework of natural loss or permissible measurement error.
- The damage occurred as a result of the sender using an improper vehicle.
- During the process of issuing the cargo to the carrier, its features were not indicated.
- Damage occurs despite the fact that all transportation requirements have been met.
- There are also unforeseen circumstances specified in transport legislation — occurrence of emergencies, rescue of people, orders from authorities, military operations and disasters, etc.
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The delivery agreement helps determine the carrier’s area of responsibility for the safety of the cargo. If it requires special conditions of transportation and intermediate storage, these features must be reflected in the contract. And if this is not indicated there, then the recipient does not have the right to demand them from the carrier. Thus, a correctly drawn up contract is an important factor in the absence of damage to special goods during delivery.
To transport fragile, perishable, oversized cargo, you need to contact a trusted transport company, which will conclude a fair contract that does not allow for discrepancies, and will take full responsibility for the safety of your goods.
