Our goal is to support the development of your business by providing qualitative transport services worldwide. To achieve this Schenker Latvia is working on implementing a Quality Management System. The processes that form the system are updated on a regular basis to ensure a mutual conformity/consistency and contiguity. One of the fundamental key terms of the system is the common understanding of the ongoing processes. We will be delighted if the information provided in this article will help you to understand your rights and procedures.
Providing services in international transport Schenker Latvia follows the Convention on the Contract for the International Carriage of Goods by Road (CMR) conditions, the Latvian National Association of Freight Forwarders "LAFF" General Regulations, and the Road Transport Law and other laws according to the legislation of Latvian Republic.
As a representative of your interests Schenker Latvia takes full responsibility for your goods/cargo from the moment of collection till the execution of delivery. However, due to different unforeseen circumstances, goods might be damaged or delivered delayed. Therefore please be informed of the claims handling procedure to ease your claim processing and the payment of compensation.
Only a notice made on time on any established discrepancies ensure your right for compensation.
The notice, containing all objections from the client to the forwarder, has to be submitted at the moment of cargo acceptance if the discrepancy is obvious, or in 7 days time in cases where the damage or shortage isn’t obvious. The note made on the invoice is indisputable! For example, if according to the invoice you’re supposed to receive 20 boxes of goods, but only 18 are delivered by the forwarder, a note should be placed on both the consignors’ and consignees’ invoices stating “only 18 boxes delivered, date, signature and full name”. If the invoices isn’t marked anyhow else than with the acceptance date and the recipient's signature, it is considered that the cargo was delivered fully and in excellent condition (ie. despite the shortage, it is considered the shipment was delivered wholly).
The notification of discrepancies has to be submitted by the recipient of the goods. The indemnification of losses is submitted only by the owner of the goods according to the terms of delivery (INCOTERMS).
The request for the indemnification of losses must include information about the consignor and the consignee of goods, information relating to goods carried and the observed discrepancies and the extent of the damage. To simplify this process we’ve developed Claim Annex containing the necessary information. The duty of the applicant is to help clarifying all circumstances of the claim; this includes submitting other present approved facts and not including the documents mentioned in the Claim Annex.
According to the previously mentioned regulations and laws, the compensation of goods transportation by road is limited to 8:33 SDR per each gross kilo of the goods that are lost or damaged. SDR is the monetary unit of the reserve assets of the International Monetary Fund and the course is updated by the Bank of Latvia daily. The compensation for late delivery of the goods cannot exceed the transport costs. Deviations from the mentioned limits are feasible, if it is stipulated in the Agreement on Services, or if a separate written cargo value or specific delivery is confirmed.
In cases if the delivery was made by other mode (e.g. sea transport) and it is proven that the losses incurred during that transportation, the compensation is calculated according to the terms of that particular mode of transport.
|Transport||Obvious discrepancies||Discrepancies aren't obvious||Term of Claim||Limitations|
The Hague-Visby Rules
|At the moment of cargo acceptance||3 days||1 year||SDR 666,67 per packaging/ SDR 2 perkg|
|At the moment of cargo acceptance||14 days||2 year||SDR 17 per1 kg|
|At the moment of cargo acceptance||7 days||1 year||According to the SMGS Convention rules|
|At the moment of cargo acceptance||7 days||1 year||SDR 8,33 per1 kg|
Please note that the compensation within the forwarders liability can uncover all of your losses.
The delivery of goods is being organized according to the terms of delivery agreed between the consignee and consignor. These rules define the moment when the service provider has fulfilled his obligations towards the client and the moment when the responsibility of the client for any losses or damages begins. These rules (with the exception of C Rules) do not obligate neither the service provider nor the client to insure the value of goods. However, it is stated that at request of the client an insurance contract can be signed, and the client has to cover payments for all expenses emerged. So, the client is given the freedom to choose between taking the risk of loss or damage of goods or terminating possible losses through insurance.
Please note that the compensation is granted only in cases if the volume of shortage/losses is proven with appropriate documentation and that the pursuing client has no outstanding debt obligations towards Schenker Latvia.
Last modified: 14.05.2014