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CARGO SURVEYOR and
Technical Advisor
Genoa - ITALY
Tel.
+39 010 5723636
Fax +39 010 543698

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General
Rules in Case of Damage to Goods
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FOR MARINE CLAIMS:
The intervention of the Claim Agent, must be requested within 3 days
frorn the discharge of the goods and before said goods have been
with-drawn from the customs’ warehouses. In the event that the
Insurance Policy covers the risks of theft, such damages shall be
indemnified only when signs of tampering of the packages are evident.
The assessment of damage must be effected as above indicated, in the
presence of a Claim Agent and of the Agent of the Shipping Co., both
of which shall countersign the report of survey. A regular claim to
the Agent of the Shipping Co. in the port of destination shall be
filed immediately. and in any case within the limit of time stated
on the corresponding Bill of Lading. In the event of damage the
present certificate shall be returned to the Insurers together with
the Certificate of Survey, the Bill of Lading and the Original
invoice of the goods insured, as well as the Debit Note covering the
loss, the Captain’s protest and other documents inherent to the
assessment of damage.
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CLAIMS ON FORWARDINGS BY RAILWAY:
Under penalty of forfeiture of any right of indemnity, the insured
or the receiver of the goods shall prior to the withdrawal of the
goods from the warehouses of the railroad
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have the nature and the extent of the
damage ascertained by the officials of the railroad
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eventually also with the intervention
of Expert Appraisers from which they shall request the issue of a
regular Report of Survey, and they shall at the same time (and in
any. case within the limit of time prescribed by railroad regulations)
file a regular claim against Railroad Administration.
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CLAIMS ON FORWARDINGS BY MOTORLORRIES:
As soon as a damage occurs,
the persons in charge of the forwarding shall immediately inform the
Insurers or their nearest Claim Agent (filing each time a written
report signed by the drivers on the circumstances and causes of the
accident). The persons in charge of the forwarding shall, in
agreement with the above-named persons, take all necessary measures
in order to salvage the goods insured and to protect the same from
further deterioration.
No alteration to the state of the motorlorry, of the trailer if any,
and of the cargo, is to be made prior to the intervention of the
Insurers or of the Claim Agent, except than in the limits the
Authorities may impose. In the event of fire, or other serious
casualties, the persons in charge of the forwarding shall denounce
the fact by written means to the nearest Police Authorities. In the
event of theft, if covered by the Policy, the contractor or insured
or the persons in charge of the forwarding shall denounce the fact
to the entitled. Authorities, giving the details of the numberplate
and of the frame’s number, the name of the driver (or drivers) to
whom the stolen motorlorry was committed. In the event of the
recovering of the motorlorry, the Contractor, the insured or the
persons in charge, shall request the Authorities who certify the
recovering, to state also in their Report the condition of the
antistealing device at the moment of the recovering.
Copy of the witnesses, statements and reports must be forwarded to
the Insurers.
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IMPORTANT NOTICE:
In the event of loss or damage in respect of which the Carrier’s
liability may be involved the following documents are to be
forwarded to the Insurers together with the claim file:
— copy of the registered
claim letter forwarded to the Carrier;
— original reply thereto;
— statement of the
Shipper certifying that no letter of indemnity has been issued to
the Carrier on the purpose of obtaining a clean bill of lading. If
such a letter of indemnity has been issued, copy of the same is to
be added.
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