Customer Claims Disclosure

Customer, Carrier, and Consignee (hereafter referred to as “Customer”) agree to notify Able Freight Services, LLC (hereafter referred to as the “Company”) of any claims in writing to within 72 hours of delivery of cargo by carrier to the ultimate Consignee. As stipulated in the Contract of Carriage issued by the applicable carriers and in accordance with the provisions of the Warsaw and the Montreal Conventions, carriers need to be notified within fourteen(14) days of acceptance of shipment from the carrier. Failure to file within this timeframe forfeits the rights of the Customer with regards to proceeding with the claim process.

Customer agrees to make every reasonable attempt to mitigate the loss on the Company’s behalf. At no time does the Company take possession of the shipment and the Company’s final settlement value to the Customer will be based on the Company’s interpretation of the Customer's attempt to salvage.

The Customer of record bears title to the shipment until such time as they are signed for and possession is taken by another party. Shipment is not to be disposed of without proof of dumping. In the event that the Customer is unable to mitigate the loss on the product, the Company is to be given the option to salvage the shipment on the Customer’s behalf, and the shipment must be made available to them immediately upon request.

The Company makes every attempt to settle the Customer’s claims as quickly as possible. The Company will also file claims, on behalf of the Customer, with the applicable carriers; however, the Company is dependent on each carrier’s investigation, offer, and settlement. The Company is committed to make every effort to pursue claims aggressively on behalf of the Customer. However, Customer accepts that the claim process may be lengthy and can take a minimum of three (3) months from the date of filing. The Company acts solely as an agent for the Customer and may not be held liable for any damage, shortage, and/or loss incurred arising from mishandling and/or delay of cargo due to carrier negligence or Act of God.

The Customer agrees to notify the Company if the Customer is pursuing a claim against its insurance carrier. The Customer understands that the carrier will NOT consider claims from two parties under the same air waybill.

Once notified of a claim, the Company will notify the carrier and issue a letter to the Customer stating the additional information the Company requires to process the claim. Customer understands that if Customer does not provide the Company with all the documentation requested within 30 days from the date the letter is emailed to the Customer, the Company reserves the right to consider the claim closed and will not further pursue settlement from the carrier.

The following checklist is a recommendation for the Customer to verify that a claim can be made:
1) Check and verify the seal numbers on the container with those listed on the air waybill.
2) Check for any noticeable external physical damage to the container(s).
3) Check the shipment for any noticeable damage, shortage, and/or pilferage while still loaded inside the container(s).
4) Take pictures before unloading the container(s) if any of the above is evident at the time of receipt or beginning of unloading any container whenever possible.
5) Document any and all damages or discrepancies in writing on the delivery receipt (copy #4 of the air waybill) in the presence of a shipment supervisor.

Any and all damage or discrepancies listed above that are visually present at the time of acceptance of either the shipment or container(s) must be noted on the receipt. Release of the goods to the Consignee by the carrier against a “clean receipt” is the carrier’s proof of good delivery. The Customer is advised to have its agents ensure that the shipment is in good order before signing a “clean receipt”.

The Customer may contact a third-party independent surveyor or a state/federal government inspector to perform a survey of inspection of the shipment within 24 hours after unloading.

The survey must contain the following:
1) Complete description of the damage(s) or discrepancies.
2) Percentage of damage per item, condition of the damaged shipment, pulp temperature of the product at the time of inspection, and the quantity of the inspected and damaged shipment.

The Customer should request in writing a carrier representative to attend inspection and should request denial, if applicable, in writing.

The Customer must send the details of the claim in a claim report in writing to within 48 hours of completion of the survey of inspection.

The claim report must contain:
1) Customer’s copy or delivery receipt (copy 2 or 4) of the air waybill showing the notations of the damage(s) and/or discrepancies identified.
2) Copy of the original commercial invoice for the entire shipment.
3) Copy of the survey report or inspection certificate.
4) Certificate of condemnation as issued by the Health Authority or the state/federal government in the case of cargo being declared “unfit for human consumption”.
5) Formal statement of the claim showing breakdown of the cost(s) in US dollars, including any residual or salvage value.
6) Letter from Customer on company letterhead authorizing the Company to settle the claim on their behalf.
7) Other documents as requested by the carrier.

The Customer agrees to remit full payment to the Company within the agreed upon credit terms. All remittance must be done within the terms specified and without any discount due to pending claim settlements.

Per the regulations outlined in the tariffs issued by the various carriers, a “48-Hour Transit” for domestic shipments and a “72-Hour Transit” for international shipments is considered to be reasonable dispatch. Therefore, shipment that moves within this pattern is not subject to claim. Moreover, severe weather, Act of God, war, invasion, terrorist or other enemy act, hostilities, riot, civil war, rebellion, revolution, insurrection, usurpation, confiscation, nationalization, government sanction, blockage, embargo, labor dispute, strike, lockout, or similar conditions at the airport of departure, connection, destination, or flight route impacting the flight relieves a carrier from any liability for damage resulting from delays or mishandling.

Carriers maintain that cold storage facilities are offered on a “limited” basis as their primary responsibility is to move shipment from point of departure to point of destination. Complaints regarding damage or decay arising from the shipment not being stowed in cold storage rooms are not entertained as a valid claim. The Customer warrants that their shipments are packed adequately to protect their shipments and ensure safe transportation with ordinary care in handling. Shippers are required to pack their shipments to withstand 48 hours in transit for domestic air freight shipments and 72 hours for international air freight shipments.

The Company offers Customers several options to help maintain the most optimal temperature while in transit. These options are a deterrent to temperature fluctuations and are in no means a guarantee concerning arrival temperatures. Due to the inherent nature of the airfreight business, the Company does not guarantee delivery by a stipulated date or a stipulated time, nor shall the Company be liable for the consequences of failure to make timely delivery.

By doing business with the Company, Customer acknowledges that it has received, read, and understood the Company’s Claims Policy and Procedures.

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