Documentation

1. Contact the MARGUISA agent as soon as you discover the damage to your freight. If you do not follow the procedure, your right to compensation may be affected. It is important that you read the clauses of the MARGUISA Bill of Lading carefully. Make sure you send your claim for damages in writing. The MARGUISA agent will decide whether there needs to be a joint appraisal of the damage.
2. Take photos of all the damaged packages and also of the damage to the container. Make sure that the container number on the door and size of the container are clearly visible. Take photos that show evidence that the container has been damaged (hole, buckling, etc.), poor conditions (excessive rusting, old door seals and in poor repair) or that it was submerged in water (visible water line on the side of the container, etc.). The photos must be taken of the inside and outside the container.
3. Immediately contact the surveyor on your insurance policy or certificate.
4. Minimise damage: According to the terms of the Bill of Lading, you are responsible for limiting the loss by means of salvage sale, cleaning, repackaging the goods or any other possible means.
5. Do not change the condition and packaging of the goods prior to the surveyor arriving unless strictly necessary.
6. Notify the MARGUISA agent immediately. Please note the notice of loss or damage of The Hague and Hague/Visby Rules Art. 3(6), which reads:

The following documents for the claim must be sent to the MARGUISA agent:

For DRY cargo:

• 7.1 Bill of Lading.
• 7.2 Commercial invoice with the cost of the damaged freight.
• 7.3. Packing list.
• 7.4 Proof of the damage (photos of the freight damage).
• 7.5 Formal invitation to the MARGUISA agent to attend the appraisal.
• 7.6 Surveyor's report.
• 7.7 Insurance receipt.
• 7.8 Proof of having mitigated the loss (salvage sale) or evidence that the freight is a write off (destruction certificate).

For FROZEN/REFRIGERATED cargo (documents in addition to those required for the dry cargo):

• 7.9 Date of collecting the product.
• 7.10 Date of packaging the product.
• 7.11 Date of loading the freight in the container.
• 7.12 Final delivery date of the container.
• 7.13 Date of unloading the container.
• 7.11 Date of stowing the freight in the container.

Once the claim is prepared and ready, send all the documents to the MARGUISA agent at the port of unloading in writing.

According to the clauses of the MARGUISA Bill of Lading, the use by the Merchant of the containers provided by the carrier is considered to be prima facie evidence that they are fit for use. Therefore, the Merchant shall inspect each and every one of the containers prior to using them.

When you collect or load your freight in the container, make sure that:

For DRY Cargo:

• The containers are clean, odour free and fit for use prior to loading the goods.
• The packaging of the freight is adequate for maritime transport.
• The container is stowed correctly to avoid displacements/crushing during transport.
• The containers are duly closed and sealed.

For REFRIGERATED/FROZEN cargo:

• Check the temperature requirements for the type of goods.
• Pre-cool your goods at the correct temperature.
• Load the freight in cold facilities.
• Do not mix incompatible goods.
• Do not load freight over the maximum load red line.
• Load the containers so that the air circulates correctly.

1. The deadline to lodge the claim/lawsuit for loss or damages to the goods is one year from when the freight was delivered or should have been delivered, unless an extension has been requested in writing and has been accepted by the MARGUISA agent.
2. Our liability regarding the loss or damage to your freight is limited to what is established in the terms and conditions on the back of the MARGUISA Bill of Lading.
3. MARGUISA is not an insurance company and has limited liability as per the Bill of Lading. Having qualified this point, we recommend contacting the local MARGUISA agent for a satisfactory settlement of your claim.
4. In the event that the claim is unjustified or unfounded, the Merchant of the Bill of Lading, and/or anyone presenting the claim against Marguisa as Carrier, will be responsible for the costs associated with the claim, including, without limitation, the costs of expert assessment.