A damaged carton, a missing pallet or torn wrapping calls for action at delivery. Describe the condition of the consignment, preserve evidence and keep track of deadlines. For carriage covered by CMR, an absence of reservations does not always extinguish a claim, but it may make the claim much harder to prove. Compensation for delay is subject to a particular rule. [1]
When to enter reservations on the CMR note
At loading, the carrier records discrepancies in the number of packages, their marks, or the apparent condition of the goods and packaging. If there is no reasonable means of checking, the carrier states the reason. For a reservation to bind the sender under Article 8(2) CMR, the sender should expressly agree to it in the consignment note.
At delivery, it is the consignee who makes reservations to the carrier. A reservation can accompany acceptance of the goods. Refusal to accept the goods also requires arrangements for what happens to the consignment and who will issue the relevant instructions. It should not be left outside the warehouse without agreement.
How to write a specific reservation
The entry should identify the unit, the type and extent of the discrepancy, and when it was found. “Subject to check” does not describe the damage and does not extend any deadline.
Three examples
- Shortage: “5 of the 6 pallets listed in the CMR note delivered. Pallet P06 not delivered.”
- Damage: “Two cartons on pallet P02 have crushed corners; on jointly opening carton K07, the equipment housing was found to be cracked.”
- Packaging: “Wrapping on pallet P04 cut and security tape disturbed. Carton contents not checked.”
Every entry must reflect what was actually found. Do not record a joint inspection if none took place. It is useful to obtain the signatures of those present. A refusal to sign should be recorded; it is not a reason to abandon giving reservations to the carrier.
The damage report and the first 30 minutes
The Convention does not prescribe a single form. The report should include the order and CMR numbers, place, date and time, participants' details, a description of the quantity and condition of the goods, the scope of the inspection and a list of evidence.
Suggested quick checklist:
- Ensure safety and limit further damage to the consignment.
- Compare quantities, labels, seals and documents.
- Record reservations and take photographs of the whole consignment, its identification and the damage.
- Retain packaging and securing materials needed for inspection.
- Inform the dispatcher, customer and person handling the claim.
- Notify the appropriate carrier and notify the insurer in accordance with the policy conditions.
“30 minutes” is an organisational standard, not a statutory deadline. Where people are at risk or there is a leak, the appropriate emergency services take priority. Ask warehouse management to preserve recordings and confirm how unloading took place.
What deadlines CMR sets
Report visible shortages and damage no later than delivery. Non-apparent damage requires written reservations within 7 days of delivery, excluding Sundays and public holidays. The delivery day is not counted. This is not simply “7 working days”.
For delay, compensation is conditional on a written reservation being sent to the carrier within 21 days of the goods being placed at the consignee's disposal; the day of that event is not counted. This period does not have the same exclusion for Sundays and public holidays as the seven-day period. [1, Article 30]
An absence of remarks about damage usually creates a rebuttable presumption that the goods were received in proper condition. However, where the condition of the goods was checked jointly, Article 30(2) limits contrary evidence to non-apparent damage, provided timely written reservations were made. These deadlines must also be distinguished from the limitation periods for claims under Article 32.
Prepare the procedure before delivery
When booking carriage with AMG Trans, specify any particular requirements for acceptance and for documenting the condition of the goods. Email hello@amg-trans.eu. See also our guide to documents in international transport (PL).
FAQ
Is it impossible to make a transport claim without a damage report?
There is no such general rule. The type of damage, reservations, deadlines and available evidence all matter.
Does the driver's signature mean liability has been admitted?
That depends on the wording of the document. Confirmation of apparent condition should be distinguished from acceptance of liability and the amount claimed.
Is notifying the insurer enough?
You should not stop there. CMR obligations towards the carrier and notification of an insurance claim are separate steps.