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Violation of transportation requirements

Нарушение требований к перевозке   Often, the carrier in the pursuit of profit makes many mistakes, which in the future can cost him dearly.  When delivering cargo in violation of the agreed requirements for transportation, it may not simply deprive the carrier of money, but lead to bankruptcy or other reputation risks of the company.  According to statistics, the following violations are most frequent:

  • Not meeting the deadlines for the supply of perishable goods
  • Not adherence to the temperature regime in a refrigerated plant when transporting frozen products
  • Incorrect placement of cargo or its poor fixation
  • The driver does not control the quality and quantity of the goods at loading
  • The shipping container is damaged

   With such shortcomings, the cargo carried can not only lose its marketable appearance, but also prove to be unsuitable for sale even with a significant discount.  In this situation, both sides are affected.  The carrier suffers losses, and the owner instead of profit from sale receives a heap of problems on the head.

   In the process of transporting frozen products, for example shrimp, the temperature regime will be violated, then this product will at least lose its presentation.  The seller will have to send it for resale or sell at a bargain price to minimize the loss.  Also, do not forget that when you import food, the goods must undergo sanitary control and get permission to import and sell on the territory of the Russian Federation.  If the sanitary norms of the goods are violated and it is not subject to sale, a protocol is drawn up for the cargo owner and a substantial fine is imposed.  Products that are hazardous to health will be destroyed and the owner pays again for recycling.

   In this case, the carrier does not have anything else to pay for the damage suffered and to count the losses.  There are cases when all requirements are met, the goods are delivered on time, but when unloading the receiver starts to make claims to the carrier.

   In such cases, it is necessary to call a surveyor, to draw up an act and proceedings in the circumstances of the incident.  In our practice, it is not uncommon for the cargo to be unloaded when it was loaded or was damaged during carriage by sea, and the claims were presented to the final carrier.  Especially often such cases occur when combined transportation (first by sea or by train afterwards, and then by a container ship).  Our specialists have extensive experience in investigating such losses and determining the guilt of carriers.  So, for example, to determine the responsibility of the carrier when wetting the cargo, a salinity test must be carried out.  If the test proves to be positive, then in a large degree of probability it can be argued that the cargo was damaged during transportation by sea.

   The report of the independent expert will help identify those responsible for the damage.  Our lawyers, if necessary, will analyze the possibility of making claims and will assess the possibility of recovery.