Damage or shortage on delivery: how to reserve your rights

When you see a crushed carton, a wet pallet or a missing piece at delivery, the first few things you do decide the fate of any later claim. This guide walks through what to do, step by step, in an international CMR transport. For the scope of liability see carrier liability under the CMR.

1. Check at delivery, before you sign

As the consignee, check the goods before signing: pallet count, carton count, packaging condition, seal, wetness and crushing. Do not let yourself be rushed; a short check prevents a long dispute later.

2. Write a reservation on the CMR

If there is visible damage or a shortage, write it on the consignment note as a reservation at the time of delivery. A reservation should be:

• Clear and specific: "3 pallets wet, 2 cartons crushed, 1 pallet missing".
• Not vague: wording like "goods not checked" or "to be inspected later" is often treated as insufficient.
• Signed by the driver as well; even if the driver does not accept it, a signed and dated entry matters.
• Entered on all copies, or at least on the copy that stays with the consignee.

You may still need to take the goods; do so with the reservation. Contact the sender and the carrier right away about what to do with the goods (storage, separation, return).

3. Take photos

As important as the reservation is photographic evidence:

1. Photos of the goods as first seen inside the vehicle (as soon as the door opens).
2. Close-ups of the damaged carton or pallet and its label.
3. The seal and the plate number.
4. A reference such as a ruler or hand next to the damage.
5. Date and time information (the phone's own record helps).

Keep the photos in one folder together with a photo of the CMR.

4. Hidden damage: time limits

Some damage is not visible at delivery (such as broken contents). Under Article 30 of the CMR, for non-apparent damage and loss, a written notice to the carrier is needed within 7 days of delivery (Sundays and public holidays excluded). For delay, a written notice is needed within 21 days of the goods being placed at the consignee's disposal. These periods are mandatory; missing them seriously weakens a claim. Still, check the text from an official source and the practice in your country.

5. How to give written notice

The notice should contain:

• Transport details: CMR number, date, plate, loading and delivery places.
• What happened: a short, concrete description of the damage or shortage.
• Attachments: photos, the CMR copy with the reservation, and any delivery report.
• The claim: inspection of the damage and a request for compensation (if you do not yet know the amount, say you will provide it later).

Send it by a recorded means (email, registered letter, or the platform chat). Ask for the carrier's insurer to be informed as well.

6. Do not forget limitation

Taking a claim to court or arbitration also has a time limit; the convention's general period is one year, longer in cases of wilful misconduct. How a written claim affects the period may be interpreted differently by country, so see a legal adviser without delay.

What should the carrier do?

As a carrier you can also write reservations, at loading: if packaging is poor, stowage is a problem or the count does not match, write it on the note. If you stay silent, the goods may be taken to have been received in good order. Train your driver on this; loading photos are the best defence against a later claim.

On Order And Load

In the driver app, the QR label scanned at loading and delivery, the CMR and the delivery photo go straight onto the order, so both sides can look at the same record in a damage claim. Messages stay in the chat with date and time. For terms, see the Glossary. This is not legal advice; consult your contract and a specialist.