Algorithm for compensation for damages caused by damage, destruction, non-delivery of goods
2 February 2018
Transport services at all times were among the ones that everyone uses: from ordinary citizens to the largest factories. The quality of services rendered often depends on the fulfillment of obligations to other contractors. However, in practice, there are often cases of damage or destruction of goods, the reason for which, among other things, is often non-fulfillment of the conditions for the carriage of specific goods, or insufficiently detailed inspection by the forwarding agents of the carriers involved in the implementation of the order.
As a result of non-fulfillment by forwarders or carriers of their duties properly becomes not only unsuitable for further sale of goods, but also expenses for its further utilization, and payment of penalties to contractors for violation of terms of delivery.
In order for the recovery of all incurred costs to be as effective as possible, the owner of the goods must adhere to a clear procedure, which will provide a complete evidence base and help to compensate for the cost of transportation problems.
Civil and Commercial Codes of Ukraine, as well as international agreements, which will be described in more detail in the following sections, provides for the carrier's responsibility for the storage of goods throughout the carriage until the time the goods are transported to the consignee.
Also, the law provides for the presumption of the fault of the carrier for damage to the cargo. Yes, the carrier must prove that the damage, destruction or non-delivery of the cargo occurred for reasons that were not dependent on him and which he could not affect.
So, we will look at the most widespread cases of damage and destruction of the goods, as well as the more rare, but more interesting cases of recognition of the product as "lost" de jure, and also give an algorithm for the correct actions of the owner of the product in the event of such situations.
Daria Stepanchenko, Assistant Attorney at IMG Partners.
Specially for the journal "Transport".