EXPRESSIONS USED IN
DESCRIBING CARGO
DAMAGE AND FILING
CARGO CLAIMS
INTRODUCTION
Merchant shipping or carriage of goods by sea is the
lifeblood of the world economy, carrying 90% of the
international trade with approximately 100,000 commercial
ships worldwide.
Carriage of goods by sea typically involves multiple
parties and numerous related contracts.
When cargo is lost or damaged it is not always easy to
detremine who has been at fault or who should be liable.
TYPES OF CARGO
Basically there are two types of cargo; bulk cargo and general
cargo
Bulk cargo is divided into liquid and dry bulk cargo
Liquid bulk cargo (such as crude oil or fuel oils) is carried in
tankers
Dry bulk cargo (such as coal, grain, ore and sugar) is carried in
dry bulk carries
General cargo can be divided into containerised, non-
containerised and refrigerated cargo
Non-containerised goods may be packaged in bags,
bales, cases, steel drums, etc. and carried in general
cargo vessels
Perishable goods such as fruit, meat and dairy produce
are carried in ships with refrigerated hold called ‘reefers’
Containerised goods are packed in containers and carried in container ships
TYPES OF CARGO DAMAGE AND THEIR TYPICAL CAUSES
Most of the cargo loss or damage resulting in cargo claimscan be prevented by a proper maintenance of vessels and proper care of cargo.
If a vessel causes loss or damage to her cargo and if carriersare held responsible, carriers have to compensate cargointerests for their damages.
DAMAGE BY TEMPERATURE
Some commodities may be affected by temperature
fluctuations (which may cause condensation or
accelerate deterioration) or extremes of temperature
which may shorten the "shelf life" of the commodity, or
even change its chemical composition.
Some commodities are so susceptible to temperature
change or the degree of temperature at which they may
be carried, that controlled temperature may be a
requirement.
Some commodities are liable to spontaneous heating and should be stowed away from local sources of heat or
protected from direct sunlight
CARGO MIXTURES
Claims of this class are mostly associated with bulk grain and
seed cargoes
Such mixtures may also occur in spite of packaging, e.g. plastic granules infiltrating bags of rice.
Cargoes of this kind should be separated in such a manner
as to prevenet mixture.
RUST DAMAGE
Due mainly to moisture, rain, fresh or salt water, and sweat
(and the presence of oxygen) rust is a corrosion producing
red discolouration and, in certain circumstances, heavy pitting.
The moisture causing the rust may be introduced by:
leakage, other cargo, packaging, green timber
(dunnage), rain (when ashore, or when the hatches are
open), or even the ventilation itself.
Goods liable to damage by rust should not be stowed in
the same compartment or container with cargo,
packaging or dunnage which is liable to give off moisture.
PILFERAGE
In order to protect the ship from blame and responsibility for pilferage occurring onshore the greatest vigilance by the Ship's Officers is necessary.
Incoming cargo should be carefully examined - which is best done on the dock or wharf rather than on board - and everyunsound or suspicious package rejected until its contents have been ascertained.
When discharging, clean receipts for all packages delivered should be demanded except, of course, for hose actually found to be short of contents.
To guard against pilferage on board ship, the Ship's Officers should organise a close watch on the holds and other cargo liable to be broached.
When many holds containing broachable cargo are being worked, responsible ship's personnel (and where necessary special shore watchmen) should be employed in watching cargo.
RATS, MICE, SMALLER VERMIN
In the interests of health as well as the preservation of cargo
from rat damage, the fumigation of holds, peaks and
accommodation generally is at times essential.
Certain commodities are also liable to introduce vermin in the
ship.
Bales of rags, unless thoroughly fumigated, often harbour lice
and other insects which are carriers of certain diseases
For instance, timber dunnage from temperature regions may
harbour eggs or larvae, so that some countries (particularly
Australasia), have developed strict safeguards and
regulations to prevent the import of these insects.
MECHANICAL DAMAGE
While special lifting and handling gear may be used for
certain types of cargo, the improper use of such equipment may damage the cargo or its packaging.
For instance, the use of cargo hooks may be
indispensable in the handling of a large variety of break
bulk commodities, but with bagged cargo, fine baled
goods, hides, furs, roils of paper and liquid containers,
crates and the like, packages whose contents are
exposed or unprotected, the use of cargo hooks may
cause great damage and should be strictly prohibited.
PHRASES ASSOCIATED WITH CARGO’S POTENTIAL TO BE DAMAGED
To + aux. v. ‘be’ + liable + prep ‘to’ + damage
To + aux. v. ‘be’ + susceptible + prep ‘to’+ damage
To + aux. v. ‘be’ + subject + prep ‘to’+ damage
To + lend (v) + oneself (pron.) + prep ‘to’ + damage
Examples:
The cargo of steel is liable to damage by rust.
Butter is susceptible to damage by heat.
Nuts and beans are subject to damage due to heating.
Furniture lends itself to mechanical damage.
CARGO CLAIMS
Once a damage of cargo has ocurred, cargo claim shouldbe filed
A cargo claim is a written demand for compensation from a carrier for loss or damage to goods, which is alleged to havebeen caused by that carrier.
Cargo claim may be filed by the shipper, consignee or theowner of the goods
Shipper is the person or company who is usually the supplieror owner of commodities shipped. Also called Consignor.
Consignee is the party shown on the bill of lading or airwaybill to whom the shipment is consigned. Need not alwaysbe the buyer, and in some countries will be the buyer's bank.
Carrier is a person or company that transports goods orpeople for any person or company and that is responsible for any possible loss of the goods during transport. Carrier canbe a shipowner or a charterer.
Other terms used for cargo claims are freight claims,
shipping claims, transportation claims, loss claims ordamage claims.
Each carrier typically provides a form specifically for filing
freight claims. However, by law, no particular form is
necessary, as long as the following four details are present:
The shipment must be specified
The loss or damage type must be specified
The total of the amount claimed must be specified
A clear demand for payment must be present
Please print this letter with your letter-head
Date :
To : (Insert name and address of the carrier)
Dear Sirs,
Re : B/L (or AWB No)
Voyage : Description of cargo damage Delivery date :
This is to report that damage or loss is found on this shipment. Since the damage or loss might occur whilst the whole shipment was in your custody and control, we hereby hold you fully liable for our loss sustained and reserve the right to claim
against your company. Our claims documents will be forward to you shortly.
We hereby invite you to attend a joint survey with our assigned surveyor (xxx) at (time and location). Please confirm by return if you or your surveyor will be available to attend the joint survey.
Yours truly,
Authorized signature
Contact numbers Email address
DESCRIBING CARGO DAMAGE
Most common structure: Verb + Noun (object) collocations
To cause damage
To suffer damage
To withstand damage
To result + prep. ‘in’ + damage
‘The use of crowbars caused damage to both cargo and the
packaging.’
‘Because of the generator failure, all the frozen, chilled and air-
cooled cargo suffered a great deal of damage.’
‘Crated fruit can withstand damage from overstowing.’
The use of hooks resulted in considerable damage to bagged
cargo
Noun + Verb collocations
Damage ensues
Damage occures
‘A number of bags of urea were badly torn and
considerable damge/loss ensued/ocurred.’
Verb ‘be’ or ‘become’ + adjective/past participle
‘Some cargoes were affected by temperature fluctuations.’ (Passive)
‘Tobacco has become soft, stale and mouldy.’
‘The ship became rat-infested’
Verb ‘be’ + found + to ‘be’ + adjective (Active: to find sth +
adjective)
‘The packages were found to be damaged/short of
contents.’(Passive)
Adjective + Noun collocations
‘Processed steel may suffer irreparable/heavy damage if
rust is permitted to gain hold.’
‘Air-cooled cargo suffered considerable/substantial
damage.’
Adjectival and adverbial Prepositional phrases expressing
cause of damage
‘Owing to negligent handling by Stevadores during
discharge heavy damage has been caused to the goods.’
‘Cargo was damaged due to heating.’
‘The cargo was damaged because of exposure to rain.
CONCLUSION
Transport of goods by sea is a complex endevour including
many parties and documents and my different types of cargothat can be damaged.
Once the damage occurs, the proper language should be
used to identify and describe cargo damage and file
appropriate cargo claims.