Reservation
A reservation at delivery records that the consignee does not accept an identified loss or damage without objection.
In freight law, a reservation is a statement made by the consignee to the carrier. It records an apparent loss or damage at delivery and describes its general nature. In international carriage of goods by road, the statement is governed in particular by Article 30 of the CMR Convention.
For apparent loss or damage, the reservation must be made no later than at delivery. If the loss or damage is not apparent, the consignee must generally send a written reservation within seven days, excluding Sundays and public holidays. A claim for compensation for delay in delivery requires a written reservation within 21 days from the date on which the goods were placed at the consignee’s disposal under Article 30 CMR.
At delivery, the consignee should inspect the goods with the carrier, describe the identified damage as specifically as possible, and preserve photographs and transport documents. The carrier liability and cargo damage topic explains the liability context. Practical preparation is supported by the cargo damage documentation checklist and the cargo damage documentation check.
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Rechtsgrundlagen
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CMR
CMR is the international Convention on the Contract for the International Carriage of Goods by Road. It governs paid cross-border road carriage where the place of taking over and the place of delivery are in different countries and at least one of them is a contracting country.
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Consignment note
A consignment note records the essential details of the carriage and the goods being transported.
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Custody liability
Custody liability in carriage law describes the carrier’s liability for loss of or damage to goods between taking them over and delivering them. Section 429 of the Austrian UGB allows the carrier to establish that the loss, damage or delay could not have been prevented by the care of an ordinarily diligent carrier.
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