Most cargo claims are lost not on the merits but on procedure: a damage note that was never written, a notice sent a week late, or a lawsuit filed one day after the time bar. This guide gives you a checklist that works for every mode, and the exact deadlines for each convention.
Step 1: At delivery, look before you sign
- Inspect the outside: container seal number against the documents, dents, holes, wet patches, broken pallets, crushed cartons, tilt or shock indicators.
- Write it on the delivery receipt before signing: "2 of 20 pallets crushed, cartons wet" is useful; "subject to inspection" alone is weak evidence. Under CMR, the consignee who takes delivery "without duly checking" or without reservations gives prima facie evidence that the goods arrived as described (Art. 30(1)). The ocean and air regimes have the same effect (Hague-Visby Art. III r.6; Montreal Art. 31(1)).
- Photograph everything, including the seal, the container interior and labels.
- Do not refuse the goods without advice. You usually have a duty to minimise the loss; ICC policies require the assured "to take such measures as may be reasonable for the purpose of averting or minimising" it (Clause 16.1).
Step 2: Give written notice on time
Notice periods are short and run from delivery. Even if you do not yet know the amount, send a short written notice to the carrier (and the forwarder) stating what was lost or damaged and that you hold them responsible. Keep proof of sending.
| Regime | Notice to the carrier | Time bar / claim period |
|---|---|---|
| Hague-Visby Rules | Notice of loss/damage: In writing before or at the time of removal of the goods; within 3 days of delivery if the loss or damage is not apparent (Art. III r.6). | 1 year from delivery or the date the goods should have been delivered; may be extended by agreement after the cause of action arises (Art. III r.6). |
| Hamburg Rules | Notice of apparent loss/damage: In writing not later than the working day after the goods are handed over to the consignee (Art. 19(1)). Notice of non-apparent loss/damage: Within 15 consecutive days after the goods are handed over (Art. 19(2)). Notice of delay: Within 60 consecutive days after the goods are handed over; otherwise no compensation for delay (Art. 19(5)). | 2 years from delivery, or from the last day on which the goods should have been delivered (Art. 20). |
| US COGSA (Carriage of Goods by Sea Act) | Notice of loss/damage: In writing before or at the time of removal; within 3 days of delivery if the loss or damage is not apparent (§ 3(6)). | 1 year after delivery of the goods or the date when they should have been delivered (§ 3(6)). |
| Hague Rules (1924, unamended) | Notice of loss/damage: Before or at removal; within 3 days if not apparent (Art. III r.6). | 1 year after delivery or the date the goods should have been delivered (Art. III r.6). |
| Montreal Convention 1999 (MC99) | Notice of damage: In writing forthwith after discovery and at the latest within 14 days from the date of receipt of the cargo (Art. 31(2)). Notice of delay: In writing within 21 days from the date the cargo was placed at the consignee's disposal (Art. 31(2)). | 2 years from arrival at destination, the date the aircraft ought to have arrived, or the date carriage stopped (Art. 35). |
| Warsaw Convention (1929, as amended at The Hague 1955) | Notice of damage (Hague Protocol): Within 14 days from receipt of the cargo (Art. 26(2) as amended); 7 days under the unamended 1929 text. Notice of delay (Hague Protocol): Within 21 days from the date the cargo was placed at the consignee's disposal; 14 days under the 1929 text. | 2 years from arrival at destination, the date the aircraft ought to have arrived, or the date carriage stopped (Art. 29). |
| CMR Convention | Notice of apparent loss/damage: Reservations not later than the time of delivery (Art. 30(1)). Notice of non-apparent loss/damage: Written reservations within 7 days of delivery, Sundays and public holidays excepted (Art. 30(1)). Notice of delay: Written reservation within 21 days from the time the goods were placed at the consignee's disposal (Art. 30(3)). | 1 year; 3 years for wilful misconduct or equivalent default (Art. 32(1)). |
| CIM (COTIF Appendix B) | Notice of non-apparent loss/damage: Ask for ascertainment immediately after discovery and not later than 7 days after acceptance of the goods (Art. 47 §2(b)). Notice of delay: Assert rights against a carrier within 60 days (Art. 47 §2(c)). | 1 year; 2 years for wilful/reckless loss, cash-on-delivery or sale-proceeds claims, and certain reconsignment cases (Art. 48 §1). |
| Carmack Amendment (US domestic truck) | Claim filing: The carrier may not set a period shorter than 9 months to file a written claim (§ 14706(e)(1)). Check your bill of lading: 9 months is the usual term. | The carrier may not set less than 2 years to sue, computed from the date the carrier gives written notice that it has disallowed any part of the claim (§ 14706(e)(1)). |
Rotterdam Rules omitted: not in force.
Two points that trip people up:
- Missing a notice deadline is not always fatal, but it can be. Under Hague-Visby and CMR, a late notice mainly shifts the burden of proof onto you. Under Montreal, "if no complaint is made within the times aforesaid, no action shall lie against the carrier, save in the case of fraud on its part" (Art. 31(4)).
- Days are counted differently. CMR's 7 days exclude Sundays and public holidays and the day of delivery (Art. 30(1), (4)). Hamburg counts consecutive days. Read the article for your regime.
Step 3: Arrange a survey
For anything beyond a minor loss, ask for a joint survey with the carrier, or appoint an independent cargo surveyor. Invite the carrier to attend; CMR requires the carrier and consignee to "give each other every reasonable facility for making the requisite investigations and checks" (Art. 30(5)). If you are insured, call your insurer first: most policies name a claims agent who will appoint the surveyor.
Step 4: Collect the documents
- Transport document: bill of lading or sea waybill (both sides, including terms), air waybill, CMR consignment note, CIM consignment note, or US bill of lading.
- Commercial invoice and packing list (they prove value, count and weight).
- Delivery receipt with your remarks; photographs; survey report.
- Your written notice and the carrier's reply.
- Repair estimates, salvage sale proceeds, or replacement invoices.
- Freight invoice and duty/tax receipts (refundable under some regimes, e.g. CMR Art. 23(4)).
- For containers: seal records, temperature logs (reefers), and the container interchange report.
Step 5: Submit the formal claim
Send a claim letter with a specific amount, the documents above, and a calculation. Check the limit first with the calculator: you can claim your full loss, but expect the carrier to pay no more than the limit unless the limit is broken (for example, wilful misconduct under CMR Art. 29, or intent/recklessness under Hague-Visby Art. IV r.5(e)) or value was declared.
A written claim can have legal effects of its own:
- CMR: a written claim suspends the one-year limitation period until the carrier rejects it in writing and returns the documents (Art. 32(2)). It also starts interest at 5% per year (Art. 27(1)).
- Carmack: the bill of lading may require a written claim within a period no shorter than nine months (49 U.S.C. § 14706(e)(1)). The federal claims rule (49 C.F.R. Part 370) asks carriers to acknowledge within 30 days and to pay, decline or offer a compromise within 120 days.
- Ocean and air: a claim letter does not stop the time bar. Only a lawsuit (or arbitration if agreed), or a written extension agreed by the carrier, does.
Step 6: Protect the time bar
This is the deadline that ends your claim completely. Diary it on day one.
- Hague-Visby / Hague / US COGSA: 1 year from delivery (or when goods should have been delivered). Under Hague-Visby this may be extended by agreement after the cause of action arises (Art. III r.6).
- Hamburg: 2 years (Art. 20).
- Montreal / Warsaw: 2 years from arrival (Montreal Art. 35). This period is generally treated as a condition of the right to sue rather than an ordinary limitation period, so extensions by agreement may not be effective. to confirm for your court
- CMR: 1 year, or 3 years for wilful misconduct (Art. 32(1)).
- CIM: 1 year, 2 years in listed cases (Art. 48).
- Carmack: not less than 2 years from the carrier's written disallowance (§ 14706(e)(1)). An offer of compromise is not a disallowance unless it is in writing and gives reasons (§ 14706(e)(2)).
If settlement talks are dragging and the time bar is near, ask the carrier for a written extension well in advance, or have a lawyer issue proceedings. Under CMR you may sue only the first carrier, the last carrier, or the carrier performing when the loss occurred (Art. 36).
If you are insured
Notify your insurer immediately, follow its instructions on surveys, and still send the carrier notice. Your insurer will pay under the policy and pursue the carrier in your name or its own. If you fail to protect rights against the carrier, the insurer may reduce your payment.
Quick checklist
- Note damage on the delivery receipt; photograph.
- Written notice to the carrier within the regime's deadline.
- Survey; preserve evidence; minimise loss.
- Collect transport, commercial and loss documents.
- Formal claim with amount and calculation.
- Diary the time bar; extend in writing or sue before it expires.