In the process of fulfilling import contracts, importers often suffer losses due to suppliers’ failure to deliver goods on time or problems with quality, quantity and packaging after the goods arrive, and they need to file claims with relevant parties. Although claims in the import link do not necessarily occur in every transaction, in order to protect the interests of importers, importers should always be prepared for this work and pay attention to it at any time. Once a supplier breaches the contract or a freight accident occurs, import claims should be handled properly. To this end, importers must pay attention to the following matters:
1. Determine the object of claim
Determine the object of claim on the basis of finding out the cause and clarifying the responsibility, and file a claim with the responsible party according to the nature of the accident and the cause of the quality damage. For example:
(1) For any shortage of original packaging and any discrepancy between the quality and specifications and the contract, a claim should be filed with the supplier.
(2) If the quantity of goods is less than the quantity stated in the bill of lading, or if the goods are damaged or short when a clean bill of lading is issued, a claim should be filed with the carrier.
(3) If the goods suffer additional losses within the scope of the insurance coverage due to natural disasters or accidents, a claim should be filed with the insurance company.
2. Provide evidence for claims
In order to ensure the smooth progress of claims, effective evidence must be provided, such as accident records, shortage or incompleteness certificates and joint inspection reports, etc. If necessary, physical evidence or photos of physical objects can also be provided.
3. Understand the claim period
Claims made to the responsible party should be made within the prescribed period, and claims made after the expiration of the period will be invalid. The contract generally stipulates the claim period: claims against suppliers should be made within the claim period stipulated in the contract. If the contract does not stipulate the claim period, according to the United Nations Convention on Contracts for the International Sale of Goods, the time limit for the importer to claim to the supplier that the goods do not conform to the contract is 2 years from the date the importer actually receives the goods; the time limit for claims against shipping companies is 1 year after the goods arrive at the destination port for delivery according to the International Convention on Certain Rules of Law Relating to Bills of Lading; the time limit for claims against insurance companies is 2 years after the goods are fully unloaded from the ocean-going vessel according to the Marine Cargo Insurance Clauses formulated by the People’s Insurance Company of China Group Co., Ltd.
4. Determine the claim amount
The claim amount should be appropriately determined. In addition to the value of the damaged goods, relevant expenses (such as inspection fees, etc.) should also be included. The exact amount of the claim and what expenses are included should be determined based on the specific circumstances.