When arranging your business, eventual risks leading to losses should be kept in mind. A lot of people believe that the best cure of risk effects is an insurance policy. Still, it's not always this way, and the following example is the proof.
A Russian client contracted on delivery of perishable goods from Turkey to Russia. The shipment was accomplished by a Russian carrier as well, and he set up a liability insurance contract.
On arrival of the goods to the country, it showed up that half the goods in the truck simply got rotten. The insurance company was to settle the claim, but first they started checking the conditions of carriage of the fruits to Russia. The examination showed that the carrier packed the goods in a way so that there was no ventilation in the truck. The goods had been as if in a thermos bottle, and that's why well expectably spoiled. The carrier, in bounden duty, was obliged to foresee that but showed up carelessness and irresponsibility. At the same time he tried to prove that the goods had initially been of poor quality.
The client, as it was, wasn't settled the claim for. And the carrier is expected to be recovered a large amount from. What are the conclusions to be made for those who are in that business?
First. Chose partners with a responsible approach to the matter. After all, in this situation all of the goods got spoiled because of a single person. A more thoroughly selected carrier company, most probably, wouldn't let such occurrence take place.
Second, and the most essential. When organizing your activity and making deals mind that work with risks should be arranged on a professional basis. Thus, in that case it would have been appropriate - for arrangement of transportation - to involve a Russian forwarder with insurance of his liability. Then all the loss would have been covered either by the forwarder or by his insurance company as in that case there would be no grounds for refusal to pay.
Properly executed documents is the guarantee for having recourse
Properly and duly settled actual damage amount - that's what is to be done if you have losses caused, goods is damaged or lost. Unfortunately, not everyone realize how to do that. As the result - frequent misunderstandings between counter agents and impossibility to recover a damage amount.
Here is a case of the kind.
Russian client concluded a contract of carriage to Russian Federation. The goods was glass jars, and when unloading in Russia it cleared out that that part of the jars were broken.
The question arose - how to settle the damage amount. The client made a record in the waybill saying that a pallet with the goods was damaged, and after that sent a claim to the carrier. Answering the claim the carrier inquired documents confirming the damage amount. As the consignee hadn't presented such papers, the carrier refused the recovery and, consequently, the client was forced to go to the law. However, at the court there was a disappointment for him, either. The court, having investigated the complaint, rejected the claim as those confirming documents were missing.
As a result, the client was left with nothing though, in fact, he was caused damage to and it, on equity basis, should have been recovered.
So as not to get in such situations one should realize that for settling a damage amount it's necessary to take advantage of reliable and legally right procedures. In this case the needed document could be the act made up at presence of an independent expert and with determined damage amount or with damages fixed. And the act must be executed immediately - at the moment of revealing the fact of goods' damage. On no account one shouldn't be confined to a record in a waybill and, moreover, to assess a loss amount "by eye" so that further on not to pay in addition for the carrier's service, as some businessmen do sometimes. If the situation is complicated and multiple-valued and your acquirement is obviously insufficient, don't hesitate to turn to experts.
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