Insurance confirmation for 2019 to our Freight forwarding and carrier liability policy
Depending on the mode of transport, different conventions / laws apply
Among other things, the respective conventions/laws for the individual modes of transport regulate the limits of liability in case of damage, total or partial loss of the goods.
These limits of liability are presented on the basis of SDRs (special drawing rights). SDRs are an artificial currency used by the IMF (International Monetary Fund) which can be used as an international currency. The exchange rate is recalculated daily and announced by the IMF and can be used e.g. be viewed under the following link.
http://www.tis-gdv.de/tis/bedingungen/szr/szr.htm
In general, we are liable as carriers for goods and goods which we carry for you according to the provisions of the CMR (Convention on the contract of carriage in international road haulage).
It follows that the provisions of the CMR are to be applied as a mandatory right! The CMR also applies to purely national transports! In the case of goods damage, we are liable to the value of the goods, or max. with 8.33 SDR per kg.
A useful link with the essential facts:
http://www.tis-gdv.de/tis/bedingungen/transportablauf_haftung/gesetze/cmr.htm
Takeover of the goods on 05. 02.2018. Damage on 08 02 2018 the value of the course of the SDR from 05 02 2018 is used.
For example, a commodity/cargo with a gross weight (Attention always only gross weight of goods, volume weight, weight calculations according to Lademeter cbm, etc. may not be used to calculate the amount of damage) of 150 kg were taken on 05. 02. 2018 and 08 02 2018 totally damaged ie the goods are no longer usable.
Calculation:
150 kg x 8.33 SDR x 1.16937 (exchange rate from 05 02 2018) = € uro 1.461,13 Maximum liability
Attention: the damaged one must provide a proof of value of the damaged goods!
A compensation is based on the net production costs or net purchase costs. A claim for damages should never include a profit or profit.
CIM rules 17 SDRs per kg gross weight
A useful link with the essential facts:
http://www.tis-gdv.de/tis/bedingungen/transportablauf_haftung/gesetze/cim.htm
Haager Visby Rules
2 SDRs per kg of transported goods or 666.67 SDRs per item or per unit (eg one container is considered a unit), whichever is higher.
Hamburg Rules
2.5 SDR per kg of transported goods or 835 SDRs per item or per unit depending on which amount is higher.
Rotterdam Rules (currently applicable)
3 SDR per kg of transported goods or 875 SDRs per item or per unit depending on which amount is higher.
Warsaw Convention (WA) 1929
Liability limit 17 SDR, when using an AWB 19 SZR
Montreal Agreement MT (currently applicable)
Liability limit 19 SDR
Conclusion and practice tip!
If you ship goods that have high value of goods and no matter with what mode of transport we recommend you to cover a higher insurance with us!
Our staff will gladly advise you and gladly make you an offer in this regard!
This too is e.g. regulated in the CMR "If the consignee accepts the goods without verifying their condition together with the carrier and without giving any reservations about the loss or damage to the carrier in a general manner, it is presumed to the contrary to the contrary the recipient has received the goods in the condition described in the bill of lading, the reservations must, at the latest on delivery of the goods, or if it is externally unrecognizable loss or damage, at the latest within seven days, Sundays and public holidays not included, after the delivery have been made.The reservations must be made in writing, if it is externally unrecognizable losses or damages "CMR Chapter V Art.30).
