Dear Client,
In this Informative Notice, we provide a brief summary of how to proceed in situations where damage or loss is detected at the moment the goods are received by the consignee.
It is important to note that all transports carried out by KLOG are governed by the rules set out in the following legal instruments – applicable according to the nature of the transport in question: • Legislation relating to national road transport of goods (Decree-Law No. 239/2003 of October 4 and Articles 366 et seq. of the Commercial Code);
- Legislation relating to international road transport of goods (CMR Convention);
- General Conditions of Service Provision by Freight Forwarding Companies;
- Convention for the Unification of Certain Rules for International Air Transport (Montreal Convention of 28 May 1999);
- Legislation applicable to maritime transport of goods (Brussels Convention of 1924 and any applicable protocols);
- Legislation relating to rail freight transport (COTIF Convention and the uniform rules of the Convention).
KLOG provides an Additional Cargo Insurance service for all modes of transport. This insurance covers the total value of the goods, making it possible to insure an increase of up to 10% for additional expenses.
All claims related to cargo must be made at the time of delivery and in the presence of the driver. We emphasize that it is the consignee’s responsibility to perform a thorough inspection of the cargo in order to verify whether it is compliant and free from any damage or irregularities. Otherwise, in accordance with applicable legislation, the cargo will be presumed compliant with the dispatch declaration.
It is also important to recall that KLOG offers a wide range of transport services designed to ensure greater speed, safety, or accommodation of the transported cargo. Choosing the service most suitable for the characteristics of the cargo is therefore crucial to ensure it arrives at its destination free of defects or irregularities. The Client must ensure that the service contracted is appropriate to the nature of the cargo so that it arrives at its destination in proper condition.
If any damage or irregularity is identified upon delivery, and such damage is apparent, a detailed reservation must be recorded on the delivery document—accompanied by a photographic report that is as complete as possible, showing both the packaging and the transported goods. Please note that missing goods will always be considered apparent damage.
- Reservations on the delivery document will only be accepted if they contain the following details: Identification of the reference and quantity of each damaged and/or missing item;
• A specific and detailed indication of any opened and/or tampered packaging:
o For example: “Package/pallet ‘A’ was found overturned inside the truck, causing damage to 10 units of item reference ‘Y’.”
It is important to note that reservations that are incomplete or generic will not be considered valid if they only state: • That there is an open or damaged package;
• That cargo was found fallen/overturned inside the truck;
• That the packaging was in good condition but the goods inside were damaged/missing;
• That the goods are received subject to verification and/or control;
• That the goods are damaged (without details).
If the damage is not apparent (e.g., scratches or small dents), it is the consignee’s responsibility to provide written proof that such damage occurred during transport. It is not sufficient to send a written claim accompanied by photographs taken after delivery. Additional documents will be required, such as expert reports or other documents deemed necessary to support the claim, which the Client must provide.
Claims must always be submitted in writing—preferably by email—and addressed to Customer Service or the assigned sales representative. Only written claims will be accepted and considered valid for the purposes of applying the rules relating to claims, particularly regarding the legal deadlines for submission, form, and content.
The claim must contain a concise but detailed explanation of the events and the reasons underlying it.
After the claim is formally submitted, the Claims Department will send an email requesting the following documents—whenever applicable—for the insurer’s assessment: • Detailed photographic report of the damaged goods;
• Detailed photographic report of the packaging at the moment of delivery;
• Commercial invoice (indicating the reference of the damaged and/or missing goods);
• Purchase invoice of the goods or document indicating the production cost;
• Packing list or delivery note (indicating the weight of the damaged and/or missing goods);
• Declaration stating that the Client does not have their own cargo insurance (signed and stamped);
• Indication of the location of the damaged goods;
• Information stating whether the damage is repairable;
o If yes, a detailed repair quotation must be submitted.
Please note that repairs may only be carried out after approval from KLOG and/or the Insurance Company.
• Indication of whether replacement of the damaged and/or missing goods has been carried out;
o If yes, under which reference;
• Credit note issued to the consignee for the value of the damaged and/or missing goods.
The feasibility or continuation of the claims process will only be possible once all requested documents have been received.
Damaged goods must remain available for inspection by the Insurance Company until the process is concluded (by KLOG and the Client) for possible appraisal and compensation. The return of goods for potential repair must always be approved by KLOG and/or the insurer.
In the case of replacement, written notice must be provided to KLOG indicating that the goods being shipped are intended to replace the damaged goods so that the correct quotation can be assigned. This transport must always be paid; however, if the claim is accepted, the Client will be compensated in accordance with applicable legislation.
Upon conclusion of the process—and if accepted by KLOG—the damaged and unrepaired goods are automatically transferred to KLOG, so that the company may examine the goods in order to assess potential damages. Unauthorized destruction of goods or any act that prevents a full assessment of the damages and proper instruction of the process will invalidate the possibility of compensation.
Once the insurer has concluded the process, we will contact you to provide the final decision regarding your claim. In the case of a positive outcome, we will also indicate how the invoice to KLOG should be issued, according to applicable legislation. Invoices will only be accepted if they follow the written instructions provided. Any unilateral offsetting or invoices issued contrary to our instructions will invalidate the compensation process by KLOG.
KLOG is committed to the continuous improvement of internal processes and procedures in order to avoid any disruptions in the transport services provided. This is the purpose of this Informative Notice, which aims to ensure the ongoing improvement of our services and the satisfaction of our Clients.
To fully achieve this objective, diligent and conscientious collaboration from our Clients is necessary. At the moment of receiving the goods, Clients must gather all relevant documentation to support any potential claim, ensuring a swift, transparent, and effective process. We hope this Informative Notice assists in fulfilling that goal.
This Informative Notice does not replace or override any risk distribution clauses contained in the transport contract(s) entered into.
We remain, as always, fully available to clarify any questions regarding this matter.
KLOG Claims Department