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.