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MARGUISA has a professional system in place to manage and settle any claim in as efficient and quickest way possible.

If your freight is lost or damaged while entrusted to MARGUISA, our procedure will help you to know what to do, how to manage a claim and what you can do to minimise the risk of the freight being damaged.

What you should do if you see your freight is damaged

  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:
Unless notice of loss or damage and the general nature of such loss or damage be given in writing to the carrier or his agent at the port of discharge before or at the time of the removal of the goods into the custody of the person entitled to delivery thereof under the contract of carriage, or, if the loss or damage be not apparent, within three days, such removal shall be prima facie evidence of the delivery by the carrier of the goods as described in the bill of lading.

Documents needed

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.

Preventing damage to the freight

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.

Important to note

  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.

Check the general terms and conditions for contracting the transport services requested from MARGUISA by any person or entity.

Scope of Application

These General Terms and Conditions shall be applicable to any transport services requested from MARGUISA by any person or entity, to the issuing of the relevant document covering the transport. The clauses of the latter, where appropriate, shall be applicable from that time insofar as they do not contradict or are not compatible with these General Terms and Conditions.

Definitions

These terms are set out below:

  • a) MARGUISA: refers to Marguisa Shipping Lines, S.L.U.
  • b) Consignor/Client: means the person for whom MARGUISA effectively provides its services, along with the one requesting its services for itself or for third parties. It therefore includes the shipper, the exporter, dispatcher, importer, holder of the document covering the transport (i.e. bill of lading, Sea Waybill, shipping note, CMR...), recipient, consignee, owner and/or holder of the goods.
  • c) "VGM" means verified gross mass as established in the SOLAS Convention (amendment in force as of 1/07/16) and in “Container Weight Verification” also contained in ”IMO Guidelines, Section 6”.

Marguisa obligations and liabilities

  1. If there are no specific written instructions, MARGUISA may organise as it sees fit the transport, routes and handling of the freight.
  2. Unless expressly agreed to the contrary, the liability of MARGUISA shall always be strictly limited to the damage and losses to the freight. It shall therefore not be liable for, and not limited to, loss of earnings and/or customers, penalty clauses, delays or any other claim different from that arising from material damages or losses to the goods. In any event, the liability of MARGUISA, except for the damages and losses to the goods, may never exceed the equivalent to the price of the transport as per the contract entered into the client.
  3. MARGUISA may likewise not be liable, except when expressly agreed to the contrary, for compliance of instructions given after the document covering the transport has been issued, or for any contingency that is the consequence of the aforementioned late instructions.
  4. MARGUISA's liability shall be subject to the international or national regulations and legislation applicable to the means of transport in question in which the damage and/or losses occur for any contractual and non-contractual claim. It shall be limited, regardless of the basis of the contractual or non-contractual liability, to a maximum of the amounts established in the legislation in force for the means of transport in which the damages and/or losses occurs.
  5. When it cannot be established at which stage of the journey the damages occurred, the liability of MARGUISA shall be decided as established in the Freight Terrestrial Transport Contract Act 15/2009.
  6. In the case of freight storage and warehousing services, Marguisa shall limit its liability as envisaged in Article 334 of the Maritime Navigation Act 14/2014, of 24 July.
  7. MARGUISA shall not be liable for an error on the labelling / declaration value or similar by the shipper and/or client, regarding which there may be customs consequences.

Obligations of the consignor

  1. The consignor shall be liable for and guarantee the correction of the declaration of the content, weight and particularly of the certification of the container weight verification (VGM) for the purposes of the SOLAS Convention. The consignor shall compensate MARGUISA and hold it harmless from any loss, damage or costs that may emerge from faults, errors or shortcomings in the declaration of the consignor and/or client of the content, weight and VGM of the container.
  2. Furthermore, the consignor shall guarantee MARGUISA that the goods declaration (characteristics, description, brands, numbers, amount, weight and volume) is accurate. It shall be liable to MARGUISA for any losses, damages, breakdowns and/or penalties that may occur due to the declaration being inaccurate, along with those that are the result of inadequate or defective packaging damaging the handling equipment or means of transport.
  3. The consignor shall be responsible for paying the price of the transport and other contracted services, which shall be set pursuant to the MARGUISA tariffs in force at the time of the contracting or, as applicable, according to the tariffs that may be agreed with MARGUISA in each case pursuant to the contracted services.
  4. Should there be any delay in the payment of any costs and services provided by MARGUISA, the consignor shall be required to pay the late interest set in Act 3/2004 of 29 December establishing measures to combat late payments in commercial transaction, and other legislation enacting and/or amending it.
  5. The consignor is required to pay not only the price of the services contracted with MARGUISA, but also of any other duly justified cost incurred as the result of the transport. In particular, costs arising from any delay in the reception and/or withdrawal of the container at the port of destination shall be the joint and several liability of the shipper and/or client, and of the recipient, towards MARGUISA.
  6. Given that factors relating to the price of the fuel and/or electricity affect the price of the service quoted by MARGUISA, MARGUISA reserves the right to review the price provided that it provides proof to the Consignor that those reviews have been applied by subcontractors when establishing the carriage, or used by them to review the amount of that carriage.

Right of lien or retention

MARGUISA has a general and specific right to retain the goods of the Consignor to guarantee and pay the amounts owed pursuant to the services commissioned. It may enforce this right by any means that it deems appropriate and is admissible by law.

Notification and time-barring

  1. At the time of delivering the goods, the consignor or its authorised representative shall check the state of the goods, as well as that the amount, number and weight of the packages tally with the details on the transport documents. They shall immediately inform MARGUISA in writing on any apparent defect or loss to any items, by recording their reservations in writing on the transport documents issued to deliver the goods. Any actions for losses, failures or delays may otherwise not be exercised.
  2. The time-barring or, as applicable, expiry for bringing any action relating to the services provided by MARGUISA shall be the one envisaged, in each case, by the international conventions and rules applicable to the means of transport in which the damages and/or losses occur.

Jurisdiction

The client, consignor and/or dispatcher and/or recipient expressly agree to submit any claim or dispute that may emerge in relation to the interpretation and compliance of the General Terms and Conditions and of the contract to which they apply to the Courts and Tribunals of the city of Madrid and to Spanish Law, and waive any other jurisdiction to which they may be entitled. MARGUISA reserves the right to bring legal actions in the domicile of the defendant, consignor and/or client and/or dispatcher and/or recipient.

Communications

MARGUISA may notify the Shipper/Dispatcher/Recipient/consignee or consignor of any circumstance that directly or indirectly affects the provision of the transport. The communication can be made by any possible means, including by telephone, electronic communications or notifications through the MARGUISA website.

Independence

The terms of these General Terms and Conditions are independent from each other. Should any part of these General Terms and Conditions bedeemed to be null and void or invalid, the others shall not be affected.

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