·2 min read
When cargo is damaged or lost, the carrier is in principle liable, but only up to a maximum per kilo. International road transport falls under the CMR rules, transport within the Netherlands under the Dutch Civil Code. If you work with carriers, you also want to have agreed in advance how damage is handled between you and your carrier.
CMR or domestic transport?
The CMR Convention applies to road transport for reward between two countries, if at least one of them is a party to the convention. Transport within the Netherlands falls under Book 8 of the Dutch Civil Code, often supplemented by the General Transport Conditions (AVC).
How much is the carrier liable for?
- International (CMR): at most 8.33 SDR per kilo gross weight. The SDR is an IMF unit of account; its value in euros fluctuates.
- Domestic (Netherlands): at most € 3.40 per kilo (article 8:1105 of the Dutch Civil Code).
For light, valuable shipments that is often far less than the actual value. A shipper can therefore have a higher value recorded or insure the cargo separately. In cases of intent or wilful misconduct, the carrier cannot rely on the maximum.
Reporting damage: mind the deadlines
- Visible damage: note a reservation on the consignment note at delivery.
- Non-visible damage: under CMR, report in writing within 7 days of delivery, Sundays and public holidays excluded.
- Delay: under CMR, report in writing within 21 days.
- Record everything with photos, the consignment note and the delivery receipt.
Damage and your carrier
If a carrier drives the route, they are usually also a carrier towards you. Agree in advance:
- That the carrier has carrier's liability insurance (AVC and/or CMR), and ask for proof.
- How damage is reported and recorded, and that the carrier can give their side of the story.
- How damage is settled, for example on the next invoice, and whether there is a maximum per week or month.
Record the damage on the route where it happened. Then it is always clear which route, which carrier and which amount it concerns. This article is not legal advice; consult a specialist for large claims.
How Charterportaal helps
In Charterportaal you record damage on the route and settle it properly on the carrier's invoice. The carrier sees what was deducted and why, and you keep everything in one place.
Frequently asked questions
How much is a carrier liable for under CMR?
Under the CMR Convention at most 8.33 SDR per kilo gross weight of the damaged or lost cargo, unless a higher value was agreed or there was intent or wilful misconduct.
What is the carrier's liability for domestic transport in the Netherlands?
For road transport within the Netherlands the carrier is liable for at most € 3.40 per kilo (article 8:1105 of the Dutch Civil Code).
What is the deadline for reporting CMR damage?
Visible damage immediately at delivery with a reservation on the consignment note. Non-visible damage in writing within 7 days (Sundays and public holidays excluded), delay within 21 days.