Damaged Shipment Claim: What to Do and Notice Deadlines

The basics of a damaged shipment claim are: note the damage on the delivery receipt, take photos, keep the packaging, and notify the carrier in writing within the deadline. The deadline depends on how the goods travelled.

For international air cargo, the Montreal Convention requires a written complaint within 14 days of receipt (21 days for delay); for sea cargo under the Hague-Visby Rules, notice is due at the time of collection, or within three days if the damage is not apparent. Korea’s Commercial Act uses the same periods. Here is the process step by step.

Step 1: Inspect on delivery and write it on the receipt

When goods arrive, check the carton count, crushing, water marks and signs of re-taping. If anything is wrong, write specific remarks such as “2 cartons crushed” or “wet” on the delivery receipt in front of the driver or warehouse staff.

That record matters. Article 31(1) of the Montreal Convention says receipt of cargo without complaint is prima facie evidence that it was delivered in good condition (Convention text, UK legislation¹). Article III rule 6 of the Hague-Visby Rules likewise says that taking delivery without notice is prima facie evidence of delivery as described in the bill of lading (Rules text, UK legislation²).

Step 2: Photograph everything and keep the packaging

• Photos: the whole outer carton, the waybill label, damaged areas, the inner cushioning, and batch numbers of broken or leaking products.
• Packaging: keep outer cartons, cushioning and leaking items until the claim is settled; the carrier or insurer may want to inspect them.
• Counts: list sound, broken and leaking quantities by carton, checked against the packing list.

With cosmetics, one leaking bottle often stains the boxes of other products in the same carton, so count the soiled unit boxes too.

Step 3: Notify the carrier in writing before the deadline

Swipe sideways to see the whole table.

The Montreal Convention requires every complaint to be in writing and made within these times; if not, no action lies against the carrier except in the case of fraud. Article 916 of Korea’s Commercial Act³ similarly bars air-cargo claims without timely notice unless the carrier acted in bad faith, and Article 804 presumes sea cargo was delivered undamaged if no notice is given.

For express couriers and road transport, deadlines follow the carrier’s terms, so check the conditions on the waybill or the carrier’s website straight away.

Step 4: Tell your insurer and your supplier

If you hold cargo insurance, report the loss immediately to the contact on the certificate and ask whether a surveyor will attend. What each clause covers is explained in cargo insurance ICC A, B, C.

Send the same evidence to your supplier. If your supply contract has a damaged-goods procedure, follow it; contract terms are discussed in exclusive distribution agreement clauses.

Step 5: Put the damaged shipment claim file together

Typically you will need:

• a copy of your written notice to the carrier, sent by a method that records the date;
• the commercial invoice, packing list and bill of lading or air waybill;
• the delivery receipt with your remarks;
• photos and a carton-by-carton damage list;
• the insurance certificate, for insurance claims.

The roles of the invoice and packing list are explained in proforma vs commercial invoice.

Before your next order

Record the cause so it does not happen again. Review packing (cushioning, carton strength, double sealing for liquids), transport mode and storage temperatures with your supplier. See cosmetics storage conditions.

Related pages: Brands we supply · FAQ · Contact us · Cargo insurance for cosmetics · Cosmetics storage conditions · Export trade terms glossary