Actions in case of transport damage
2.1.2020 | Operating instructions
During the Finnish road transport we obey the Road Transport Contract Act (23.3.1979/345), which is a forceful law. Link to the law (written in Finnish - Tiekuljetussopimuslaki) can be found at our databank.
Responsibility of the consignor
The consignor is responsible for the correct information on the waybill (11§) and for packing the product so that it withstands ordinary strains resulting from handling, transport and securing/supporting in the cargo hold in accordance with good practice (14§). Consignor is responsible for ensuring that dangerous materials given for transportation are suitable for regular transport of goods, as determined by law, are fulfilled (15§).
Responsibility of the carrier
The carrier is responsible for the loss, reduction and damage of goods between the period of receipt for transportation and delivery, in accordance with the Road Transport Contract Act (RTCA) (27§). However, the carrier is not responsible for damage due to insufficient or defective transport packaging, damage caused by cargo support, deficient handling marks of parcel or other Force Majeure event (28§).
Carriers responsibility has been limited by the law as follows:
Limitation to the liability for the loss (32§ and 35§):
- maximum liability for the loss is limited to 20 euro / net kilo
- maximum liability for the delay of the delivery is the charged freight, and only when costs for the delay exist
Because of the limitations in the law, we do recommend the consignor to consider taking an insurance cover for the transport, especially when the goods are lightweight but expensive.
Responsibility of the consignee
The consignee is responsible for inspecting the shipment in connection with the receipt of the delivery. A verifiable remark of externally detectable damage, deficiencies and/or reduction of goods must be given to the carrier immediately (on the waybill, device or reclaim note). Driver usually takes also a picture to be attached to the electric waybill. Hidden damage must verifiably (written) be reported to the carrier within 7 days of the delivery of the goods. If the remark pursuant to this section is omitted, the right of action is lost (40a§).
Actions after noticing transport damage
- Necessary remarks must be done with the receipt of the delivery when externally detectable damage. Remarks with pictures are made on driver’s device. Recipient may also make a reminder on a separate reclaim note.
- Hidden damage must be reported to the carrier within 7 days in writing.
- Without these actions are the goods deemed to have been received without any damage by the consignee and a claim for compensation can´t be applied.
- Claim for damages must be done with the value that the goods had when it was sent at the place of departure. The claim may include the freight concerning the missing or damaged part of the shipment.
- The damaged goods need to be stored for the possible check by the carrier or its insurance company. Disposed goods can´t be compensated by the carrier. If the carrier has compensated the goods in full, the ownership of the goods is transferred to the carrier, should it so demand. Costs for the possible disposal of the damaged goods are not covered by the carrier.
Electronic waybill, signature, remarks, reservations
Possible pictures of the damage taken by the driver or reservations made during transport/upon delivery are attached to the electronic waybill along with the electronic reception signature. A copy of the electronic waybill can be found in our Kaukoputki portal or you may also ask it from our customer services: firstname.lastname@example.org. If a separate reclaim note was done on the delivery in writing, the copy of it is given to the consignee.
Claim for damage and its necessary appendices
- An informal claim for damage free of VAT (AlvL §61).
- Copy of the electronic waybill and possible written reclaim note.
- Copy of the original invoice concerning the goods of the shipment.
- Information about who has the liability for the risk and therefore is able to apply for the compensation
- Copy of the freight invoice if the freight for broken/lost goods is demanded to be compensated. Replacing transport will not be refunded.
- Copy of the written claim done in 7 days, when the hidden damage is concerned
- Report of the damage: what kind of damage, can it be fixed and what would be the cost, what is the remainder value of the damaged goods and where can the goods be seen and picked up?
- Net weight of the damaged goods
Major claims will be handled by the insurance company as our representative. Please, send your claim for damage with the necessary appendices to the addresses below:
Suomen Kaukokiito Oy / Kuljetusvahingot
Nuolikuja 2, 01740 Vantaa