– damages and missing goods

How do we work?
  • ColliCare handles all assignments and claims in accordance with regulations for the transport industry: NSAB 2015
  • Norwegian Carriage of Goods by Road Act
  • Norwegian Maritime Code
  • CMR Convention

 

IMPORTANT:

If you do not have all the documentation and information at hand, it can be added later. 

Are there requirements for how to claim?

There are some requirements to consider for us to be able to process a claim.  We can provide you with our a standard form for you to fill in all required information. The requirements for documentation and information are regulated by the Norwegian Carriage of Goods by Road Act and NSAB 2000.

Who should make the claim?

The claim must come from the party that has the direct business relationship with ColliCare, in most cases this is not the recipient.
This means when there is a deviation the recipient of the goods must contact their supplier. 

What to do if an incident occurs:

  • We prefer written applications by email: [email protected]
  • Damaged goods: Description of damaged article
  • Statement: Brief information about the extent of damage and what has happened
  • Weight: Gross weight of damaged goods
  • Attach pictures 
  • Waybill must be signed by both receiver and driver. Both electronic and manual waybill with signatures are valid
  • Commercial invoice clearly showing the goods net value

IMPORTANT:

Remember it is important to get the claim sent to us quickly. If you do not have all the documentation and information at hand, it can be added later. 

The claim has been sent to ColliCare - what happens now?
  • Confirmation: The customer receives confirmation that the claim has been received.
  • Accepted claims: The customer is informed in writing and is authorised to send an invoice to cover damages.
  • Rejected claims: The customer is informed in writing and will always receive an explanation. All documentation is returned to the customer.
  • Disputing our decision: Must be submitted in writing and justified.

IMPORTANT:

The claim must be accepted in writing by ColliCare before you send an invoice. We will send you a specific reference number for the invoice.

Which deadlines apply?
  • Visible damage: Without undue delay (promptly upon delivery), within 7 work days at the latest.
  • Hidden damage: Damages discovered after the packaging is removed: Within 7 work days.
  • Late notice: The burden of proof is reversed, and the customer must prove that the damage occurred during transport.
​About claimed goods

Claimed goods should not be removed, sold, scrapped or repaired. In the unlikely event this occurs, the right to compensation lapses. Until the matter is clarified and liability is determined the goods should at all times be placed at the carrier's disposal for inspection, or be picked-up if they are  replaced.

We strive to handle claims as quickly as possible. We fully understand that damaged goods take up space at our customers, and work to solve the situation as quickly as possible. If the goods constitute a risk to life and health in any way, they can be destroyed,

When are missing goods considered lost?

According to the law goods are not considered lost until after 30 or 60 days. For deliveries with fixed delivery times, 30 days applies, and for other consignments 60 days. The deadline is from order date, and you are not entitled to compensation until this deadline has passed.
If the goods are found within the deadline, the right to compensation lapses.

If ColliCare is  unable to locate the goods within the deadline and compensation is paid, the customer can claim the goods back even after the deadline. This must be done in writing and the goods are returned when the compensation is refunded. If ColliCare does not receive such a request, rights to the goods accrue to ColliCare after payment of compensation.

Delays

We do our best, but in rare cases things may not go as planned, and consignments can be delayed. ColliCare follows a transport schedule for all deliveries, but note that transport schedule is not a legally binding document. This means that if the goods arrive late, but within a reasonable time, the goods are not replaced. Any claim will be limited to the freight costs.

Note: The customer must able to prove a financial loss due to the delay.

Force majeure

For events defined as force majeure, i.e. extraordinary events beyond our control, ColliCare will not be liable.

What happens in cases of theft?

In cases of theft or burglary ColliCare will notify affected customers and report cases to the police immediately. Compensation claims against ColliCare are handled as for any loss.

What it the recipients responsibility?

Upon receipt of goods the recipient is obliged to inspect the goods and ensure that the correct number of items is delivered in good condition before signing the waybill. If the recipient signs without taking the time to inspect the goods and the waybill, they will unfortunately have a weak case if the damage turns out to have been visible upon reception. All discrepancies must be noted on the waybill.

In case of hidden damage, the situation is obviously different.

What is considered a hidden damage?

A damage not detected before unwrapped, is considered a hidden damage.

Damage or missing goods

Damage
Missing goods
Other

Relevant information

INCOTERMS ® 2010

Incoterms®2010 is an interpretation of different delivery conditions. It is important to be aware that Incoterms®2010 is not legislation, but addresses the allocation of risk (damages), responsibility (liabilities) and payments.

Norwegian Carriage of Goods by Road Act
The legislation applies mainly to domestic road transport.
 

NSAB (Nordic Freight Forwarders Association’s general provisions)
The NSAB is a agreement framework approved by the Nordic Freight Forwarders Association. 

CMR convention (Convention on the Contract for the International Carriage of Goods by Road)
The legislation underpins current regulations and is approved by all European countries. The CMR Convention applies to sea, road and air transport.

Norwegian Maritime Code 
The Norwegian Maritime Code regulates shipping and maritime transport. The law primarily regulates private legal issues related to ships and transport of goods and people by ship.