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ADVANCED




               RISK MA
              Consignees  should  note  that  in  the  event  of  a  claim  that  carriers  have  the  right  to  perform  an
              inspection and will try to determine whether the damage could have been discovered and noted at
              time of delivery. If the answer checked is "yes," the carrier will generally decline the resultant claim
              on the basis that the damage happened after the delivery and, therefore, they are not liable.
              3.  Take Photographs of the damaged merchandise and of the trailer or car if the load has badly
                 shifted and damaged. If possible, get driver in the picture along with the trailer number or license
                 plate. Get rail car number in the picture.
              Record on the back of the photograph the date, car, or trailer number, driver's name, carrier's name,
              identity of shipment, etc., and sign the photograph. Also record the time the shipment was inspected
              and  photographed.  It  is  also  recommended  that  video  cameras  be  installed  at  all  receiving  and
              shipping  locations  as  well  as  at  guard  gates,  and  that  films  be  stored  for  future  review  when
              necessary.
              4.  When  a  shortage  or  damage  is  discovered,  call  the  carrier  immediately  to  give  them  an
                 opportunity to schedule an inspection (whether or not an exception was noted on the delivery
                 receipt)  and  confirm  in  writing  the  date  and  time  and  the  names  of  the  persons  who  were
                 notified. Also, report all damage and shortages to the shipper in writing, particularly if they are
                 repetitive.  Send  photographs  of  the  damage,  as  many  shippers  do  not  know  how  well  their
                 packaging is performing in transit.
              Receiving personnel must be trained in proper procedures in order to protect the interests of the
              owner of the goods in damage situations. An immediate call to the carrier with written confirmation
              builds credibility in the eyes of the carrier and provides the beginning of hard documentary evidence
              for  the  eventual  claim  file.  It  also  establishes  the  time  schedule  for  the  carrier  to  perform  its
              inspection. If the carrier fails to make the inspection within the time limit, or within a reasonable
              time, the consignee should perform the inspection and submit a copy of its findings with its claim.

              5.  Save all packaging! One of the most important steps to take in cases of concealed damage is to
                 set  aside  the  damaged  goods  awaiting  the  carrier's  inspection.  Retain  all  of  the  original
                 packaging.
              Failure to comply with this provision deprives the carrier of the opportunity to inspect the goods and
              the packaging, which will in turn, severely hinder your chances to recover damages (unless, of course,
              you  have  preserved  the  evidence by  taking  photographs,  obtained  an  affidavit  from  the  person
              having actual knowledge of its condition, etc.).
              6.  Create an "OS&D" area. This area, used for retaining damaged goods and containers, should be
                 in a space that is out of the way of the normal traffic in the receiving area so that further damage
                 or pilferage is not incurred by your own personnel in conducting normal business. This area
                 should also be secured against pilferage and theft.
              7.  If  a  corporate  policy  manual  exists,  ensure  that  there  is  a  section  devoted  to  "Receiving
                 Practices" and that it contains the  "Do's and Don'ts", herein, together with material relating
                 specifically to your products.

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              ©Global Maritime Legal Solutions (GMLS)                                            Version 1_2018

              THIS IS ACCREDITED MATERIAL THAT IS COPYRIGHTED TO GMLS AND AS SUCH SHOULD NOT BE COPIED OR DISTRIBUTED WITHOUT THE EXPRESS
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