Freight Claims

Forms

 

Special claims forms are not required when filing a claim. It is necessary, however, that all claims be submitted in writing.

 

Claim Submission

 

Presentation of a well documented claim will greatly assist in the processing and prompt disposition of the claim. The following will provide an overview of the documentation required in order to process the claim.

• Original copy of the bill of lading.

• Consignee's copy of the signed delivery receipt (proof of delivery)

• Original copy of the invoice for the merchandise claimed (suppliers invoice)

• Invoice for repair parts and labour (if applicable)

• Itemized statement, detailing how the amount claimed was calculated.

• Inspection report (if applicable)
 

Claims may be presented to the Gardewine Terminal in your service area, or directly to our Head Office located at:

 

Gardewine Group Inc. (Claims Dept)

60 Eagle Drive

Winnipeg, Manitoba

R2R 1V5 Phone: (204) 631-3732

Fax: (204) 694-7275

 

Time Limitations For Filing Claims

 

Notice of Intent to Claim must be filed in writing within sixty (60) days from the date of delivery of the goods, or in the case of non-delivery within nine (9) months from the date of shipment. The final claim must then be filed within nine (9) months from the date of shipment.

 

Maximum Liability / Declared Value of Shipment

 

Bill of Lading conditions allow the consignor the opportunity to declare the value of the merchandise at the time of shipment. Failure to do so maximizes the carrier's liability at $2.00 per pound or $4.41 per kilogram for any loss or damage.

 

Indicating a declared value exceeding $2.00 per pound or $4.41 per kilogram will result in a surcharge being applied to the freight bill in accordance with the Gardewine Group Inc. General Rules Tariff.

 

Mitigation of Loss

A Consignee should not refuse to accept a shipment due to damages or being partially short. When practical, the shipment should be accepted. Legally, it is the claimant's duty to mitigate any loss by all reasonable means including keeping the damaged product for a discounted price or having the goods repaired. Reducing the loss will help expedite settlement of the claim. Should it become necessary to claim the full value of the merchandise concerned, all damaged or distressed material should be retained until claim settlement is achieved. This allows the carrier the right to recovery of the goods for salvage purposes, if deemed appropriate.

 

Delivery Receipt Signatures
 

All Discrepancies regarding damages or shortages must be noted and identified on the carrier's delivery receipt copy at time of delivery. Notations such as "Subject to Inspection", "Possible Shortage", "Possible Damage" do not constitute a proper damage or shortage signature, and do not entitle you to file a claim.

 

Packaging

 

All product must be well packaged or crated to handle the normal rigors of transportation. All shipping units should be properly marked to show destination and delivery address including special handling labels, e.g., "this side up", "fragile" etc.

 

Concealed Loss or Damage

 

Concealed loss or damage means that the loss or damage was not noticeable at the time of delivery. If concealed loss or damage is discovered after Gardewine has been given a clear delivery receipt, you must:

 

Notify Gardewine immediately. Notification can be given by telephone, but must be followed up by written notification.

Keep the shipment ( all containers and contents ) in the same condition they were in when the discrepancy was discovered.

 

Courts have generally ruled that a consignee may not open the containers and examine the merchandise before giving a signed receipt to the carrier unless the containers indicate the probability of damage or shortage.

 

Burden of Proof

 

In a concealed damage or shortage claim, the claimant has the burden of proof. The claimant must prove that the damage or shortage was caused by Gardewine, not other parties who handled the goods.

 

Cargo Inspections

 

An inspection report does not constitute an admission of liability, filing of Notice of Intent to Claim, or filing of the Claim. All damages must be reported to the Gardewine Terminal in the service area. Gardewine will arrange inspection of the shipment within five (5) working days and issue a copy of the Inspection Report for support of your claim. A copy of the Inspection Report should be included when the claim is filed.

 

Note: Failure to call for an inspection may cause the carrier to refuse to accept any liability.

 

Claim Investigation & Handling

 

All freight claims are processed through our Winnipeg Head Office.

 

Upon receipt of your claim, an acknowledgement will be issued by mail identifying the file number assigned, and requesting submission of any required documentation not received with the claim.

 

Gardewine realizes that a lost or damaged shipment causes inconvenience to you and your customers. Every effort will be made to complete the claim investigation with the least possible delay. We ask you to appreciate, however, that some investigations can be more difficult and time consuming. We do endeavor to keep our customers informed of a file's progress with final disposition achieved through settlement or written advise of the carrier's position.