Free cargo claim letter template (notice of loss or damage)

Sea freight: notice within three days

Under the Hague-Visby Rules (article III rule 6) and US COGSA, give written notice of loss or damage to the carrier or its agent at the port of discharge when the goods are handed over, or within three days if the damage is not apparent. Without it, taking delivery is prima facie evidence that the goods arrived as described in the bill of lading, which makes the claim harder to prove. No notice is needed if the goods were jointly surveyed at receipt. The Hamburg Rules allow until the next working day, or 15 consecutive days for damage that is not apparent.

Air and road: 14 days, 7 days, and 21 for delay

For air cargo under the Montreal Convention (article 31), complain in writing as soon as the damage is found and at the latest within 14 days of receipt, or 21 days for delay; without a complaint in time no action lies against the carrier, except in case of fraud. For road transport under the CMR Convention (article 30), make reservations at delivery for apparent loss or damage, in writing within seven days, Sundays and public holidays excepted, if it is not apparent, and in writing within 21 days for delay.

Keep the evidence and watch the time bar

Write the damage or shortage on the delivery receipt or the equipment interchange receipt, photograph the cargo, packing and container, keep the seal, and invite the carrier to a joint survey. Tell your cargo insurer at once: the Institute Cargo Clauses require you to keep your rights against carriers properly preserved. The notice does not stop the time bar: under Hague-Visby and US COGSA suit must be brought within one year of delivery, under CMR one year in most cases, and under the Montreal Convention two years from arrival, so if the claim is not settled in time, start proceedings or, for sea claims, ask the carrier in writing to extend the time.