Claims Procedure
Lampe & Schwartze K.G.
These guidelines have been drawn up to assist claimants with the correct reporting and preparation of their claims. It is our function to ensure that your claims are handled expeditiously. If the guidelines contained in this manual are adhered to and the correct documentation is made available, all claims will be dealt with promptly and with a minimum of additional administrative involvement. Ports in Belgium and the Netherlands, immediately upon becoming aware of possible physical loss of or damage to the cargo, the consignee is required to make contact with Harmsen & Partners B.V. Phone + 31.76.521.7490 Fax + 31.76.520.9767 Mobile + 31.655.388.690 E.mal : harmsen@experts-in-expertise.com Info : www.experts-in-expertise.com If the port of discharge is other than in the Netherlands, respectively Belgium, please appoint the survey company in the country of destination as mentioned in the certificate of insurance, to carry out the survey. Harmsen & Partners B.V. in the Netherlands (underwriters lead surveyors) are to be informed simultaneously and the appointed surveyors are to be instructed to liaise with Harmsen & Partners B.V. and to follow the details as embodied in the attached “surveyors instructions”. Make initial telephonic contact with the applicable surveyors and notify them of the possible loss. It is advisable to have the following information to hand as the Surveyor may require these details (or part thereof):
Your Company Name Your Name and Contact Details The Insurance Certificate Number The nature of the commodity lost A brief description of the loss (eg. theft, handling damages, deteriorated condition of product, etc.)
The exact location of where the consignment is currently situated. Please provide full physical address, contact person(s) and contact details.
The name of the Carrier and the latter’s contact details Voyage or Flight Number/Container(s) number(s) and date of departure Date of arrival of carrying conveyance at harbour or airport Date of delivery at the (cold) store Bill of Lading or Airway Bill Number Thermograph data An estimated quantum of the loss Information (to be substantiated in later stage) regarding the prevailing average sound market value on the date of arrival
The initial telephonic advice to surveyors involved respectively Harmsen & Partners must be confirmed in writing (email). Institute a Claim in writing against the Shipping Line/Carriers and/or Container Operator and/or any other responsible parties (eg. bailees, Port Authorities, local haulier, etc.). A draft “Notification of claim” can be downloaded from the Harmsen & Partners website under; “useful documents”. The following documentation must be handed to the Surveyor upon inspection and copies forwarded to Harmsen & Partners.
All export documentation/certificates/etc. All cooling instructions issued to any and all parties (eg. all Cold Store(s), Land Carriers, Sea/Air Carriers, etc.) All temperature recordings (eg. all Cold Store(s), Land Carriers, Sea/Air Carriers, etc.)
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Original copy of Bill of Lading (both sides) and/or other contract(s) of carriage All packing lists Copy of sales invoice(s) and/or contract of sale agreements, copy of freight invoice(s) etc. Evidence of the prevailing average sound Market Value on date (expected) of arrival Evidence of the scheduled sailing date and date of arrival (in terms of which the shipment was planned) and any and all subsequent amendments thereto Your substantiated claim Copy of any and all documentation pertaining to the disposal of the goods respectively the costs involved Copy of written notification of loss to attending surveyors respectively Harmsen & Partners Copy of claim against Carrier and all third parties Copy of any responses/correspondence/exchanges with any third party regarding the loss
Important Considerations In the event that goods arrive damaged, or part of a consignment is missing, it is imperative that a claused receipt be given to the Carrier upon receipt of the goods (airfreight). Where delivery is made by container, the following steps must be taken following steps must be taken before signing the delivery note: 1. Check the entire container, the temperature setting and reading the setting of the fresh air valve/slide and check for external damages including doors 2. Check that the seal is intact, still properly locked in place and that the number coincides with the number reflected on the combined transport document/delivery note. 3. If damage or seal irregularity is discovered, check the delivery note accordingly and retain a copy for your records. 3
4. In case of cargo damage, close the container doors and await surveyors’ attendance. Always endorse delivery document noting any discrepancy on receipt (shortage and/or damages). Always note the respective container seal numbers and retain any damaged seals as they may be required for inspection by the Surveyor or other third party. Always keep damaged cargo/salvage or packing until third parties (ie: vessel, transporter, etc.) have had an opportunity to inspect the damaged cargo and the disposal is sanctioned by Surveyors. Retain all documentary evidence of salvage disposal proceedings. Do not take any action that may prejudice you/your Insurer’s position Do not destroy or allow destruction of damaged cargo without Surveyor’s consent Do not allow claims against Carriers or other third parties to become time-barred.
Trusting the above will serve you meanwhile remaining,
Yours Faithfully,
Harmsen & Partners B.V. Fred G. Harmsen van der Vliet re., ams.
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