Freight law
Tools and checks

Cargo damage documentation check

Organise your cargo damage records and identify which evidence is still missing.

BRANDAUER Rechtsanwälte
Ansprechperson

Mag. Bernhard Brandauer, Rechtsanwalt

BRANDAUER Rechtsanwälte

Guidance on freight law matters in Austria.

After cargo damage, the damage itself is only part of the issue. The handover, delivery, condition of the goods and sequence of events should be traceable from the records.

Answer the questions based on the current state of your shipment file. The result places the documentation in one of three levels. It is a practical orientation, not an assessment of liability or claim value.

Mag. Bernhard Brandauer, Rechtsanwalt

Tools and checks

Cargo damage documentation check

This interactive check does not calculate the value of a claim. It shows the documentation status of your matter and suggests concrete next steps for preserving evidence.

01 Question 1

How was visible damage recorded at delivery?

A specific description in the consignment note, CMR or proof of delivery is more useful than a general remark.

Ergebnis

Ihre Orientierung

01

Documentation largely organised

Bring the records together in a chronological shipment file. Link each photograph, document and communication step to the relevant transport and package.

Then mark the points where condition, cause or the extent of the damage still require professional clarification.

  • Create a chronology of handover, carriage, delivery and discovery
  • Link consignment note, delivery note, photographs and loss records
  • Mark open questions about cause, extent and responsibility
02

Documentation largely organised

Bring the records together in a chronological shipment file. Link each photograph, document and communication step to the relevant transport and package.

Then mark the points where condition, cause or the extent of the damage still require professional clarification.

  • Create a chronology of handover, carriage, delivery and discovery
  • Link consignment note, delivery note, photographs and loss records
  • Mark open questions about cause, extent and responsibility
03

Documentation largely organised

Bring the records together in a chronological shipment file. Link each photograph, document and communication step to the relevant transport and package.

Then mark the points where condition, cause or the extent of the damage still require professional clarification.

  • Create a chronology of handover, carriage, delivery and discovery
  • Link consignment note, delivery note, photographs and loss records
  • Mark open questions about cause, extent and responsibility
04

Documentation has identifiable gaps

Collect the missing records as soon as possible. Pay particular attention to proof of delivery, specific photographs, packaging, messages with dates and documents showing the amount of the loss.

Add a chronology. Later notes should be identified as later notes and should not replace the original records.

  • List missing documents and original files
  • Photograph packaging, affected packages and visible features
  • File notices, replies and further communications with their dates
05

Documentation has identifiable gaps

Collect the missing records as soon as possible. Pay particular attention to proof of delivery, specific photographs, packaging, messages with dates and documents showing the amount of the loss.

Add a chronology. Later notes should be identified as later notes and should not replace the original records.

  • List missing documents and original files
  • Photograph packaging, affected packages and visible features
  • File notices, replies and further communications with their dates
06

Documentation has identifiable gaps

Collect the missing records as soon as possible. Pay particular attention to proof of delivery, specific photographs, packaging, messages with dates and documents showing the amount of the loss.

Add a chronology. Later notes should be identified as later notes and should not replace the original records.

  • List missing documents and original files
  • Photograph packaging, affected packages and visible features
  • File notices, replies and further communications with their dates
07

Documentation has identifiable gaps

Collect the missing records as soon as possible. Pay particular attention to proof of delivery, specific photographs, packaging, messages with dates and documents showing the amount of the loss.

Add a chronology. Later notes should be identified as later notes and should not replace the original records.

  • List missing documents and original files
  • Photograph packaging, affected packages and visible features
  • File notices, replies and further communications with their dates
08

Preserve evidence first

Secure the current condition before further changes with dated photographs, a short chronology and unchanged original files. Keep the packaging and damaged parts where this is practically possible.

If the goods, packaging or another important item will soon no longer be available for inspection, the next evidence-preservation step should be coordinated promptly.

  • Record the current condition and affected packages with the date
  • Preserve originals, packaging and communications unchanged
  • Coordinate the next inspection and legal assessment of the evidence
09

Preserve evidence first

Secure the current condition before further changes with dated photographs, a short chronology and unchanged original files. Keep the packaging and damaged parts where this is practically possible.

If the goods, packaging or another important item will soon no longer be available for inspection, the next evidence-preservation step should be coordinated promptly.

  • Record the current condition and affected packages with the date
  • Preserve originals, packaging and communications unchanged
  • Coordinate the next inspection and legal assessment of the evidence
10

Preserve evidence first

Secure the current condition before further changes with dated photographs, a short chronology and unchanged original files. Keep the packaging and damaged parts where this is practically possible.

If the goods, packaging or another important item will soon no longer be available for inspection, the next evidence-preservation step should be coordinated promptly.

  • Record the current condition and affected packages with the date
  • Preserve originals, packaging and communications unchanged
  • Coordinate the next inspection and legal assessment of the evidence
11

Preserve evidence first

Secure the current condition before further changes with dated photographs, a short chronology and unchanged original files. Keep the packaging and damaged parts where this is practically possible.

If the goods, packaging or another important item will soon no longer be available for inspection, the next evidence-preservation step should be coordinated promptly.

  • Record the current condition and affected packages with the date
  • Preserve originals, packaging and communications unchanged
  • Coordinate the next inspection and legal assessment of the evidence

What you can do next

Arrange the transport in one continuous chronology: handover, carriage, delivery, discovery and notice. Keep the condition of the goods, the possible cause and the financial loss as separate questions.

Documents that help prepare the matter

  • Consignment note or CMR with handover and delivery remarks
  • Delivery note, packing list, order and particulars of quantity, weight and marks
  • Dated photographs of packaging, packages and the damage
  • Notices, communications and replies from the carrier, freight forwarder or insurer
  • Invoices, estimates and other records showing the extent of the loss

Important documentation rules

  • Under the CMR, the carrier checks the number and marks of packages and the apparent condition of the goods and packaging at handover. Specific reservations should be entered in the consignment note.
  • Visible damage should be recorded at delivery. The CMR contains separate rules for notice of damage that was not apparent at delivery.
  • Section 426 of the Austrian Unternehmensgesetzbuch lists particulars including the goods, quantity, marks, supporting documents and special arrangements. The sender is responsible for the accuracy and completeness of the particulars.
  • Section 427 UGB addresses supporting documents required for customs, tax or police formalities. Section 438 UGB deals with establishing damage that was not apparent when the goods were accepted.

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Consignment note and documentation

Which particulars and supporting documents make the transport traceable.

Carrier liability and cargo damage

How damage, responsibility and liability questions fit together.

Document cargo damage

A checklist for preparing the shipment file.

This check provides general orientation on documenting cargo damage. It does not calculate a claim and does not replace an assessment of the specific transport, contract and sequence of events.

Discuss your matter

Guidance on freight law matters in Austria.

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Discuss your matter

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BRANDAUER Rechtsanwälte GmbH Giselakai 51 5020 Salzburg