> Following is a brief summary of the principal requirements a Consignee and/or Insured must comply with when confronted with a cargo claim. It is stressed that these are basic guidelines covering generalities and not intended to address particular situations, which can be of a very varied nature.

When confronted with a situation which could reasonably be expected to generate a claim under a cargo policy, the Consignee and/or Insured should in the first instance proceed as follows:

1) If taking delivery of the shipment, not issue a clean receipt, but make the pertinent remarks on the corresponding remittance note, way-bill or receipt.

2) Notify carriers, bailees and/or other responsible third parties of the situation, holding them liable for any loss, damage or expense, and inviting them to hold a joint survey of the shipment in question.

3) Notify Insurers and/or the survey/settling agents specified in the Policy.

4) Present the following documents to Insurers and/or the designated survey/settling agents:

I.Policy and/or Certificate of Insurance
II.Bill of Lading / Air Way Bill / Inland Way Bill
III.Commercial Invoice
IV.Packing List
V.Customs Clearance Form
VI.Copy of Receipt and/or Remittance Note (if the shipment has already been received)
VII.Copy of claim on Carriers and/or other responsible parties
VIII.Reply received from Carriers and/or other responsible parties, and any further exchanges with the parties in question

VERY IMPORTANT:

It is the Insured’s obligation to make all reasonable efforts with a view to:

a) mitigating any loss, and
b) preserving all rights of recovery against any third party liable for any loss.

> Non-compliance with the above obligation can affect the Insured’s right to receive indemnity under the Policy, wherefore complying with points 1 and 2 mentioned above is of utmost importance. With regards to point 2, following are some basic guidelines to be taken into account for the adequate protection of rights of recovery, depending on the method of transport:

Note: the following guidelines refer to shipments received in Argentina.

» Marine Shipments

> Carriage by sea is governed by the “Navigation Act” which stipulates that if a cargo is received with signs of loss or damage, the Consignee must present a written protest to the Carrier, inviting the carrier to a joint survey. If the damages are not visible at the time of taking delivery, Consignees must present the pertinent written protest within 48 hours of delivery.

» Air Shipments

> Different legislation applicable to air carriage requires as a precedent to any claim against Carriers that Consignees present a written protest to Carriers within very short periods of time. The periods of time vary between 7 and 14 days, and are taken as from the time Consignees are advised that their cargo has arrived, receive the Air Waybill, or pay the freight. If this protest is not presented, rights of recovery against the Carriers are lost. It is therefore fundamental to present a written protest to carriers within the legally prescribed time (and for safety, this should be done within the shortest time frame, i.e. 7 days).

» Road Shipments

> The “Commercial Code” requires Consignees of a shipment received with damages to claim on the Carrier at the time of delivery. In order to comply with this requirement, the Consignee should note all pertinent remarks on the corresponding waybill, remittance note or receipt retained by the Carrier upon delivery. If the damages are not visible at the time of taking delivery, Consignees must present the pertinent written protest to Carriers within 24 hours of delivery.