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- Dictionary of Cargo Claim Terms -


Air waybill:
The carriage document issued by the airline or freight forwarder which contains details of the air transit.

Average: If your goods are under insured, your insurer may apply Average. Under the principles of Average, you must contribute to your loss in proportion to the extent of under insurance. Say for example you have an item worth $10,000 which you only insure for $5000. The item is damaged, and the repair costs $500. Applying the principle of Average, you would be required to contribute 50% of the costs and the insurers would only pay $250.

Bill of lading: The carriage document issued by the shipping company or freight forwarder. A bill of lading serves several purposes - it is evidence of receipt, it gives title to the goods, and it is evidence of the contract of carriage.

Carrier: The shipping company, airline, or freight forwarder who issues the transit document. Identifying the carrier can be a difficult process, as many parties who look like carriers in fact play other roles, eg customs agents. Freight forwarders are sometimes carriers, but sometimes they just act as agents for other carriers such as shipping companies.

Claused delivery receipt / Delivery docket: When the party receiving the goods notes loss or damage on the freight company's consignment note or docket. Claused delivery receipts are very useful for insurers as they prove that the damage occurred during transit rather than after delivery, and they assist greatly with recovery against the carrier.

Consignee: The party receiving the goods, the buyer

Consignment note: For sendings within New Zealand, the document issued by the trucking/freight company which contains the details of the transit and has the carrier's terms and conditions on the reverse.

Consignor: The party sending the goods, the seller.

Depreciation: An allowance for 'wear and tear'. A key concept in all insurance is indemnity, putting you back into the position you were prior to the loss. Unless you have a 'new for old' provision in your policy, insurers will not pay you the new purchase price of an 'old' item.

Freight forwarder: Companies which specialise in arranging the movement of freight. Freight forwarders may or may not operate their own vessels/airplanes, and they may or not be carriers.

General Average: A time honoured principle of marine insurance which applies when a ship has to sacrifice cargo in order to save other cargo, eg jettisoning containers in heavy weather so the vessel does not sink, or wetting other cargo to prevent a fire from spreading. In those circumstances, all parties with a financial interest in the adventure must contribute to the loss. What this means in practice is that your cargo may be undamaged but you may still be required to contribute to the loss of others. General Average costs are covered by marine insurance.

Hague-Visby Rules: An international convention that applies to sea freight consignments moving from one country to another. The Hague-Visby Rules govern, amongst other things, the rights and liabilities of the carrier.

HGPE: Household Goods and Personal Effects. A person or persons' own goods moving from one place to another, as distinguished from commercial cargo which (generally speaking) is moving from a seller in one country to a buyer in another country.

INCO terms: A uniform set of rules formulated by the International Chamber of Commerce which set out the obligations of buyers and sellers in international transactions. The INCO terms dictate who (buyer or seller) is responsible to arrange insurance on the goods, which party has to pay for what, and when risk transfers from seller to buyer. Common INCO terms are CIF, FOB, and ExWorks.

Insured: The party who has taken out the insurance and is named in the certificate of insurance. This includes the consignee if they have purchased insurance as part of the goods.

Insurer/underwriter: The party who has issued the certificate of insurance, who has taken ('written') the risk, and who has paid the claim. TranSol are agents for several insurers but we are not insurers ourselves.

NZ Carriage of Goods Act (1979): New Zealand legislation governing the rights and liabilities of carriers for sendings of goods within New Zealand.

Pro forma claim: The initial written notification to the carrier of loss or damage. The various regimes applying to sea freight, air freight, and local carriage all contain time limitations within which to lodge a pro forma claim:

Sea freight (Hague and Hague-Visby Rules): immediately if loss or damage is apparent, or within 3 days of delivery if damage is hidden.
Air freight (Warsaw Convention): Within 14 days of delivery
Local (NZ Carriage of Goods Act 1979): Within 30 days of delivery for damage or partial loss. No notice is required for total non delivery or if it is apparent that the carrier is or ought to be aware of the loss or damage. Carriers may contract out of this notice period, notice periods of 14 days or 7 days are common.

Recovery: Insurers claiming back against the carrier who damaged the goods, after the insurer has settled with their insured.

Subrogation: Once the insurer has settled the claim they become entitled to insured's rights of recovery against the party who damaged the goods. This process is called 'subrogation'.

Total loss: If goods are damaged to the extent that they cannot be repaired or cannot be economically repaired (ie the repair cost is greater than the value of the goods, or the total loss value less salvage is less than the cost of repairs), they are considered a total loss. Insurers pay the insured value of the goods and take ownership (if they want) of the damaged goods to obtain salvage.

Salvage: Where damaged goods are sold at a discount to minimise the net amount of the claim.

Shipping company: Companies which own and/or operate vessels involved with the movement of freight.

Valued claim: Presenting a total claim, including claim amounts, to insurers or to a carrier.

Warsaw Convention: an international convention which applies to air freight