Disputes
Resolving delivery disputes and cargo claims
When a consignment arrives damaged, short or late, the outcome usually depends less on what happened than on what can be shown to have happened, and on whether notice was given in time.
Not legal advice. Liability depends on the contract of carriage and the law or convention that governs it. Deadlines below are the commonly cited ones. Check your own terms and take advice on any significant claim.
At delivery: the minutes that matter most
- Count and inspect before signing. Note any shortage, visible damage, broken or mismatched seal on the delivery receipt itself. "Received in good order" on a signed POD is hard to argue with later.
- Photograph the goods, packaging, seal and trailer or container interior before unloading further.
- Keep the packaging and damaged goods until the claim is settled, where practical.
- Record temperatures for temperature-controlled freight, including the data logger.
Notice deadlines you should know
| Regime | Typical scope | Notice (commonly cited) | Time to sue |
|---|---|---|---|
| Montreal Convention | International air cargo | Damage: 14 days from receipt. Delay: 21 days. | 2 years |
| CMR Convention | International road carriage in Europe and beyond | Apparent loss or damage: at delivery. Non-apparent: 7 days (excluding Sundays and public holidays). Delay: 21 days. | Generally 1 year |
| Hague-Visby Rules | Ocean carriage under many bills of lading | At removal of the goods; within 3 days if the damage is not apparent | 1 year |
| US COGSA | Ocean carriage to or from US ports under bills of lading | Written notice at removal of the goods; within 3 days of delivery if the damage is not apparent | 1 year after delivery, or after the date the goods should have been delivered |
| Carmack Amendment (49 U.S.C. § 14706; rail: § 11706) | US interstate carriage by motor carriers, freight forwarders and rail carriers | Written claim within the period in the carrier's terms, which may not be less than 9 months | Not less than 2 years from the carrier's written notice disallowing the claim |
Missing a notice deadline can weaken or end a claim that was otherwise sound. Under some regimes, such as US COGSA, late notice mainly shifts the burden of proof rather than ending the claim; under others the effect is harsher. Either way, diary the deadlines the moment an exception is noticed. For the US truck claim procedure in detail, see the freight claim process.
Which regime applies?
It depends on the mode, the route and the contract. A single door-to-door shipment can cross several: a US truck leg under Carmack, an ocean leg under COGSA or Hague-Visby, and a European road leg under CMR — each with its own liability limit as well as its own deadline. A through or combined transport bill of lading may say which rules apply to which leg, and where damage cannot be placed on a leg, the contract's own terms often decide. That is one more reason to know where the damage happened, which is what the custody record is for.
Reconstructing what happened
- Establish the starting condition from the collection record: count, seal and photos.
- Walk the handovers in order. For each leg, check the count, seal and condition noted at receipt and release. The loss or damage usually sits between the last clean handover and the first exception.
- Check the conditions in between: temperature logs, dwell times, unplanned stops and customs examinations.
- Assemble the documents: bill of lading or air waybill, invoice and packing list for value, and the POD.
- Notify the responsible party in writing, within the deadline, with the evidence.
Types of delivery dispute
| Dispute | The question | Evidence that answers it | Guide |
|---|---|---|---|
| Visible damage | How much, and on whose leg? | Delivery notation, photos, handover records | OS&D reports |
| Concealed damage | Did it happen in transit at all? | Prompt notice, packaging, inspection | Concealed damage |
| Shortage | Were the pieces ever loaded? | Pickup count, seal numbers, handover counts | Seal verification |
| Non-delivery | Who took the goods, and on whose authority? | Proof of delivery, release records, carrier identity at pickup | Cargo theft |
| Delay | When was it due, and what held it up? | Milestones, appointments, holds | Visibility |
| Temperature damage | When did the excursion happen, and who held the goods? | Logger data matched to handovers | Excursion records |
Why this is slow, and how to make it fast
The slow part is almost never analysis. It is collecting fragments from carriers, warehouses and email, then arguing about whose fragment is right. Operators who keep a custody record with evidence attached at each handover can answer most questions in minutes instead of days. Cargovate for freight forwarders is built around that record.
Evidence to keep before any claim arrives
- Pickup photos, counts and seal numbers.
- Every handover record, with names and times.
- Delivery receipts with exceptions, and OS&D reports.
- Temperature logs for controlled freight.
- Invoices and packing lists that prove value.
- Correspondence about delays, holds and changes of instructions.
Keep them for at least as long as a claim or lawsuit could be brought under your contracts.
Common questions
How long do I have to report damaged air cargo?
Under the Montreal Convention, written complaint of damage is due within 14 days of receipt of the cargo, and of delay within 21 days of the goods being placed at your disposal.
What is the notice period under CMR?
Apparent loss or damage should be noted at delivery. Damage that is not apparent should be notified in writing within 7 days of delivery, excluding Sundays and public holidays, and delay within 21 days.
Is the 9-month Carmack period a fixed deadline?
It is a minimum. A US motor or rail carrier cannot set a shorter claim period, but its terms may allow longer. The actual period is in the bill of lading or contract.
What if I signed the delivery receipt without noting anything?
You may still have a claim, particularly for damage that was not apparent, but it will be harder to prove. Give written notice as soon as the problem is found.
Last reviewed 2026-09-17