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Appendix
Appendix
Reporting loss or damage
Instructions to be followed in case of loss or damage
(Failure to comply with these instructions may prejudice any claim under the
policy.)
Secure rights of recovery from third parties by immediately arranging for said loss
or damage to be surveyed and certified by representatives of the business
concerned with the transport.
Externally apparent loss or damage must be certified by means of a note in the
waybill before taking delivery of the goods. In the case of transport by rail, an
additional factual report must be requested from the competent railway authorities.
In the case of sending by mail, it must be ensured prior to taking delivery of
damaged parcels etc. that the damage is certified in writing by the competent
postal authorities.
Where loss or damage is not externally apparent, i. e. it is not discovered until
unpacking, the goods must be left in the state in which they were found and the
concerned transport business immediately be requested in writing to certify the loss
or damage.
It is imperative that the time limits stipulated for requesting the transport business
to survey and certify loss or damage (lodging of claim ) are strictly observed.
The time limits in the Federal Republic of Germany are as follows:
- Sending by mail
- Rail transport
- Road transport
In respect of shipments to or from countries outside the Federal Republic of
Germany, the time limits for filing claims against third parties prescribed in the
country of destination - which generally correspond to the time limits in Germany -
must be observed.
As proof of claim, the following documents must be furnished to the insurers
without delay:
a)
The original invoice together with the documents of carriage (original waybill,
original consignment note and other documents like that).
b)
Report of the competent claims survey agent where necessary.
c)
Loss or damage certification by the transport business in whose custody the
goods were located at the time the loss or damage occurred, as follows:
−
Transport by rail: Certification by the railway authorities.
−
Sending by mail: Certification by the postal authorities.
−
Transport by road: Report of the driver, accompanied by the remarks of the
carrier.
−
Transport by inland waterways: Casualty report of the master of the vessel.
−
Transport by air: Report of the airline.
−
Storage: Report of the storage point operator.
d)
A calculation of the total claim.
e)
A written statement of subrogation to the insurer by the beneficiary under the
contract of carriage.
Jurisdiction shall be restricted to either the place where the certificate or policy was
issued or the place where underwriters have their Head Office.
Index
60
24
hours following receipt of the goods
7
days following receipt of goods
6
days following receipt of goods
5/619/2400 (13)
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