Cargo damage notice: receipt, content and evidential value under the CMR

A cargo damage notice in international carriage by road must reach the carrier and identify the loss or damage to the particular consignment at least in general terms. Its evidential value depends on receipt, content, timing and the connection with the consignment note, delivery and damage records.

Article 30 CMR distinguishes between damage apparent at delivery and damage discovered later. For apparent damage, the consignee should make the reservation no later than delivery. For damage that was not apparent, the Convention provides for written notice within seven days after delivery, excluding Sundays and public holidays.

This article explains how an electronic damage notice can be sent, worded and preserved. Electronic transmission may help prove the communication, but it does not replace specific content or a case-specific review. The overview on consignment notes and documentation places the issue in the wider transport process.

Article 30 paragraph 1 CMR governs reservations for loss or damage. If the damage is apparent, the reservation must be made no later than delivery. It should generally indicate the nature of the loss or damage. A blanket statement with no link to the condition of the particular consignment may be insufficient.

If the damage was not apparent at delivery, the reservation must be made in writing. The period is seven days after delivery, excluding Sundays and public holidays. The rule concerns notice to the carrier. An internal report to an insurer or accounting department does not replace it.

Article 30 paragraph 3 CMR contains a separate rule for delay. A claim for delay must be notified in writing within 21 days from the time the goods were placed at the consignee’s disposal. Damage and delay should therefore be identified separately in the notice. The guidance on CMR time limits adds context.

An electronic notice is useful in later proceedings only if its receipt can be shown. Send it to the claims address stated in the transport order, terms or ongoing correspondence. A personal address of a driver may create a separate question about whether the notice reached the carrier’s responsible office.

Preserve the message with sending time, recipient, subject, text, attachments and complete technical headers. In a portal, also save the consignment number, successful transmission and displayed confirmation as an unchanged export or record. An automated acknowledgement does not alone prove the message content, but it can connect that content to the receipt process.

Electronic delivery may support a written notice where the applicable law and agreed procedures recognise that form. The e-CMR Protocol permits electronic consignment notes and related statements, instructions and reservations subject to specific requirements. An ordinary e-mail should therefore not be treated automatically as a compliant electronic consignment note.

First identify the consignment precisely. Include the consignment or order number, sender, carrier, consignee, delivery date and delivery place. If several lots or vehicles are involved, identify the affected packages, marks and numbers separately.

Then describe the loss or damage factually. State, for example, which packages are missing, whether packaging is torn, whether goods are broken or wet, or which defect appeared during a function test. Photographs and a condition report should show when and to which consignment they relate.

The first notice does not always have to quantify the complete claim or prove its cause. It should reserve the claim in principle and make clear that a detailed assessment will follow if the extent is still unknown. Unverified statements about responsibility should be identified as provisional.

Apparent damage can be recognised at delivery without a special examination, such as torn packaging, a dented casing or visible contamination. The consignee should avoid confirming delivery with an unclear standard phrase. The condition should be described in the consignment note or a clearly linked report and supported by photographs where possible.

Hidden damage appears only after opening, unpacking or a reasonable functional test. The consignee should preserve the goods and packaging as found, notify the carrier promptly in writing and invite a joint inspection. The written notice under Article 30 CMR should not be confused with an internal note that never reaches the carrier.

The distinction depends on the goods and the reasonable scope of an ordinary delivery check. A short handover cannot reveal every internal break, moisture defect or functional problem. Companies handling valuable or sensitive goods should define and document their incoming inspection process.

The damage notice alone proves neither cause nor amount. Its evidential value increases when it is timely, clear and consistent with the consignment note, delivery record, photographs, packing list and later assessment. A wrong consignment number can undermine the notice even if a photograph shows the correct damage.

Preserve the carrier’s response, takeover reservations, temperature or telematics records, weight documents and any joint inspection. Later additions should remain as new dated versions. The original content must not disappear through later editing.

For an electronic CMR data set, authorised access, integrity and the change history must also be traceable. The guidance on electronic CMR records explains these requirements. The article on preserving evidence adds practical steps for photographs and delivery records.

Reporting only internally: A message to an insurer or internal claims department is not notice to the carrier.

Choosing the wrong recipient: The notice must be attributable to a responsible carrier office and a traceable receipt.

Writing only “goods damaged”: Consignment number, affected packages, timing and the type of damage should be identified at least generally.

Failing to preserve receipt: Keep the sent message, portal confirmation and attachments in an unchanged file.

Confusing notice and final valuation: The claim can be reserved in principle before its final amount is known.

Overwriting the first version: Corrections and additions should remain visible as later versions.

Prepare a chronology covering takeover, delivery, discovery, sending of the notice and each response. Link every event to the relevant document. This shows whether the notice was timely and what information was available at that point.

Preserve the transport file with the consignment note, order, delivery note, packing list, photographs, videos, condition report, e-mail history and portal record. Check every file for the correct consignment number. With hidden damage, preserve goods and packaging until inspection or evidence preservation has been considered.

If the carrier rejects the notice, disputes receipt or the cause remains unclear, the complete file should be reviewed legally. The CMR liability check provides initial orientation but does not replace a review of the individual transport.

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