MARINE CARGO CLAIM

1. 

   Anonymous
   

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   Hi Friends,

   Looking for assistance.
   Brief fact of the case is as under.

   i had sent a consignment of Leather gloves (packed in cardboxes) from Kolkata-Paradip port to Chile (Valpriaso port) through sea using a general purpose container in July 09.
   Cargo was in transit for about 3 months involving 3 different transhipment ports & vessels.

   when the cargo reached destination the seal of the container was found intact & the container was also found apparently in good condition from outside.

   But when the container was opened at the destination (factory in chile) it was found that the cardboxes containing leather gloves (packed in polybags with selica gel & anti-fungus capsules)were found wet & damaged.

   the above consignment was insured wide transit insurance all risk policy. on intimation to the insurer about the loss for settlement of the claim. They declined the claim for want of evidence.- How did the consignment got wet.?

   would appreciate if anybody can suggest what documentary proof can be helpful from the following parties;-

   a. port authorities - ( 3 transhipment ports involved)
   b. vessels captain - ( 3 vessels involved)
   c. Shipping line
   d. container provider
   e. Forwarding agents at both ends

   And also suggest what could be the possible reason of container being filled with water from inside.

   Thanks;
   Shruti

   Posted 1 year ago #
2. 

   devanand
   

   senior admin
   Joined: Jun '09
   Posts: 94

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   Hi Shruti,

   The Docs that would be helpful are :-

   a. Port Receipts & Landing Tally Remarks -Port Authorities
   b. Statement of Facts -Vessel Captain
   c. Damage/ Short Landing Cert. - Shipping Lines
   d. Pre and Post inspection report - Conatiner Provider
   e. Damage Cert. -inland transporter, BL copy - FW Agent

   The possible reason for damage could be rainwater, seawater entry into container or water generation inside the container as a result of Container Condensation

   IBS

   Posted 1 year ago #
3. 

   Anonymous
   

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   The cause of decline of claim is possibly due to the fact that damages took place due to condensation. Condensation means the moisture in the air being precipatated on the cargo / containr walls due to variation in temperature / inadequate ventilation etc. It is inherent vice and hence not covered.

   Posted 1 year ago #
4. 

   Anonymous
   

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   The claim has been repudiated apparently due to "Inherent Vice". That is, leather gloves shipped has inherent moisture (presumably higher than prescribed for the voyage)which evaporated and condensed on the ceiling of the container. The water droplets subsequently dropped on to the cargo causing the water damages.
   The claim can be challenged as the insurer, in All Risks, has the onus to prove that the cause of damage was inherent vice.

   Posted 8 months ago #
5. 

   Anonymous
   

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   Hi friends,

   We are looking for GM(Claims) for a very big topmost, company in shipping Cargo. Location Will be Mumbai and individual has to report Sr. person out of India.
   Please provide me references or those who are interested, contact me at Vikram.r@peoplefy.com. Contact no.:- Tel: +91 -20-41032670.

   Best Regards,
   Vikram Rajput

   Posted 2 months ago #

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