- Original Poster
- #1
Afternoon,
First of all, hope you all are well.
This thread is in regards to a damaged incurred from a haulier that happened back in April 2020, transporting glass from Europe to the UK. We are a window company and we work with glass, highly fragile material. We had a delivery of glass panels. The truck and driver was at our location prior to our arrival and had the box ready to be offloaded. The damaged side was facing into the truck so when our guy picked up the box with the forklift he didn’t see any damage. We offloaded the box and while the box was still on our forklift the driver asked us to sign for it, unfortunately, we signed for it prior to inspecting the glass. We put the box on our dropside and when he walked around the box he saw the damage, he ran after your truck and was yelling and waving his arms at your driver but the driver ignored him. He then tried to call the driver and his line was busy and would not accept our calls. Immediately after, we called the office and spoke to someone in the haulier's office. The office stated that the box was not damaged when it left your depot so somewhere along the journey when the other cargo was being offloaded it was damaged. For sure the driver knows when this happened and that is the reason he asked our guy to sign for it before it was even offloaded. The glass panel is not that expensive but then we have a delay on-site, another delivery, fitters going back to site a 2nd time, etc… this is the real cost of the damage caused.
The haulier is encountering difficulty in getting Insurers to accept this claim to the fact that a clean signature was received at the time of delivery. They are aware that our forklift operator did not inspect the crate prior to signature and that he chased after the driver. Nevertheless, on paper at least their Principals Assured do not have a liability. The charges are recoverable in accordance with the CMR Convention, however, the additional installation charges of £ 350.00 plus the costs of the replacement packaging of € 110.00 are regarded as consequential losses and as such would not be recoverable in accordance with the CMR Convention. As such, the maximum that we can expect to recover will be € 366.83 provided that weight limits do not apply in accordance with the CMR Convention and freight in the proportion in connection with the original shipment.
Please, can anyone provide any insight? If this is the wrong thread apologise, any commentary would be appreciated.
Thank you in advance.
Stay Safe.
First of all, hope you all are well.
This thread is in regards to a damaged incurred from a haulier that happened back in April 2020, transporting glass from Europe to the UK. We are a window company and we work with glass, highly fragile material. We had a delivery of glass panels. The truck and driver was at our location prior to our arrival and had the box ready to be offloaded. The damaged side was facing into the truck so when our guy picked up the box with the forklift he didn’t see any damage. We offloaded the box and while the box was still on our forklift the driver asked us to sign for it, unfortunately, we signed for it prior to inspecting the glass. We put the box on our dropside and when he walked around the box he saw the damage, he ran after your truck and was yelling and waving his arms at your driver but the driver ignored him. He then tried to call the driver and his line was busy and would not accept our calls. Immediately after, we called the office and spoke to someone in the haulier's office. The office stated that the box was not damaged when it left your depot so somewhere along the journey when the other cargo was being offloaded it was damaged. For sure the driver knows when this happened and that is the reason he asked our guy to sign for it before it was even offloaded. The glass panel is not that expensive but then we have a delay on-site, another delivery, fitters going back to site a 2nd time, etc… this is the real cost of the damage caused.
The haulier is encountering difficulty in getting Insurers to accept this claim to the fact that a clean signature was received at the time of delivery. They are aware that our forklift operator did not inspect the crate prior to signature and that he chased after the driver. Nevertheless, on paper at least their Principals Assured do not have a liability. The charges are recoverable in accordance with the CMR Convention, however, the additional installation charges of £ 350.00 plus the costs of the replacement packaging of € 110.00 are regarded as consequential losses and as such would not be recoverable in accordance with the CMR Convention. As such, the maximum that we can expect to recover will be € 366.83 provided that weight limits do not apply in accordance with the CMR Convention and freight in the proportion in connection with the original shipment.
Please, can anyone provide any insight? If this is the wrong thread apologise, any commentary would be appreciated.
Thank you in advance.
Stay Safe.
