Cargo loss and damage claims
Review custody records, survey evidence, transport terms and claim correspondence to assess response options.
Carriers, freight forwarders, warehouse operators and cargo owners need clear rules for custody, delivery, loss and claims. Integra Law Office advises Surabaya logistics businesses on transport and storage contracts, cargo disputes and regulatory questions using the relevant shipment and custody records.
A cargo claim often turns on the handoffs. The booking, transport document, warehouse receipt, delivery record, inspection report and photographs can show when custody changed and what condition was recorded. A logistics contract should identify the service provider's role, subcontracting rights, required instructions, exceptions, notice process, insurance responsibilities and the evidence needed to investigate a shortage or damage claim.
Surabaya's port, road and warehouse connections mean one shipment may involve several companies and documents. A freight forwarder may arrange carriage without acting as the carrier for every leg; a warehouse may hold goods under separate terms. Names used in invoices do not settle each party's legal capacity. Check the signed terms, transport documents and actual conduct before sending a demand or admitting liability.
A consignee reports missing, wet, contaminated or damaged cargo after delivery.
A warehouse receipt or transport document conflicts with the booking or delivery record.
A carrier, forwarder or subcontractor denies responsibility or relies on an exclusion or liability cap.
A logistics provider is renewing a service agreement with unclear custody, claims or insurance terms.
A customer threatens set-off or withholds payment over alleged cargo damage or delay.
For sea carriage, UU 17/2008 on Shipping is a relevant statutory source; road transport and other modes may engage different rules. The contract, transport document, route, carrier identity and any incorporated terms matter. International conventions or foreign-law clauses should not be assumed to apply without checking the parties, shipment and contract wording.
A claim file should preserve the booking confirmation, service agreement, bills of lading or other transport documents, warehouse records, seal and tally information, delivery receipts, photographs, survey findings, invoices and notice correspondence. Notification and limitation rules can depend on the mode and applicable contract or law. Counsel should check the current provisions before promising that a claim is timely or accepting a cap.
We identify each participant's role and the custody timeline, then compare the records with the contract's risk, notice, exclusion and remedy clauses. That helps separate a physical-loss question from a service failure, billing dispute or insurer recovery issue. We can prepare a claim response, demand, settlement position or revised operational terms based on the evidence available.
For prevention, we help businesses define intake inspections, exception reporting, subcontractor flow-downs and document retention in a way that staff can follow at loading, storage and delivery. For a developing dispute, preserve original records and avoid altering photographs or logs. Counsel will assess the applicable mode-specific procedure, forum and any time limit against the shipment facts.
Review custody records, survey evidence, transport terms and claim correspondence to assess response options.
Draft or revise service scope, custody duties, subcontracting, exclusions, insurance and dispute clauses.
Analyze each party's role and prepare a documented position on delay, misdelivery, charges or cargo condition.
Map contract and recordkeeping practices to the actual transport and storage operations.
Keep the booking, invoice, transport document, delivery receipt, packaging and seal details, photographs, inspection or survey report, warehouse records and notice messages. Record when damage was first observed and who had custody at each handoff. Preserve originals and metadata.
Not automatically. The role depends on the agreement, transport documents, representations and conduct for the particular leg. Identify whether the company arranged carriage, contracted as carrier, operated storage or performed another service before asserting liability.
The answer depends on the contract, applicable transport rules, the claimed loss and any required notice. Compare the clause with the shipment documents and do not assume a cap is either automatically enforceable or irrelevant.
Insurance may provide a separate route, subject to policy terms, exclusions, deductibles and proof requirements. Preserve the carrier claim as well; payment by an insurer can affect recovery rights and coordination. Review policy and transport terms together.
The proper forum depends on the contract's dispute clause, parties, claim and applicable procedural rules. Review any arbitration agreement and jurisdiction clause before filing. Counsel should verify venue and the correct process for the specific dispute.
Manufacturing lawyer in Surabaya. Factory licensing, employment law, supply contracts, environmental compliance, and industrial dispute resolution in East Java.
Business contract lawyer in Surabaya. Contract drafting, review, negotiation, and dispute resolution for commercial agreements in East Java.
Trading lawyer in Surabaya. Trade law, distribution agreements, wholesale and retail licensing, and commercial dispute resolution for traders in East Java.
Export import lawyer in Surabaya. Trade facilitation, customs compliance, import licensing, and export documentation for companies at Tanjung Perak port.
Describe your legal needs. A senior partner will respond within one business day.