Standard Form For Presentation Of Loss And Damage Claims (Page 3 of 3) in pdf

Filing a Claim for Loss or Damage to Cargo

1) All claims and notices of intent to claim must be filed in writing to:

Ken Burke

Claims Manager

Gateway Freight Systems Inc.

1235 North Service Road West, Suite 201

Oakville, Ontario, Canada L6M 2W2

2) Notices of Intent to Claim should be filed promptly and MUST be received by Gateway within seven (7) days of

the receipt of the goods or in the event of a lost shipment, within thirty (30) days of the date of shipment.

Statements of Claim are subject to the time limits contained on the Bill of Lading. Claims filed outside of these

limits cannot be honoured. For damaged shipments or partial shortages FINAL Statements of Claim must be

received within 60 days from the date of delivery. For loss of the entire shipment this limit is 9 months from the

date of shipment. All intents and statements of claim received by Gateway Freight Systems Inc (“Gateway”) will be

promptly forwarded to the contracted carrier in accordance with Gateway’s “Declaration of Limitation of Liability”

available on Gateway corporate website <

3) All claims must be supported by the following documents:

(i) The original bill of lading and/or copy of delivering carrier’s probill to enable identification of the

shipment. The documents must show all original signatures as well as notation of damage, shortage or

exception.

(ii) A copy of the original supplier's invoice as proof of the value of the shipment and/or a copy of the

supplier's invoice for repairs or replacement parts if applicable.

(iii) The original paid freight bill for the shipment. Freight charges must be paid in full prior to the

consideration, by Gateway, of any claim.

(iv) An itemized statement for loss (see attached Standard Form).

(v) Any photographs or other documents establishing proof of damage and/or carrier liability and/or

substantiating amounts claimed.

NOTE: - Any and all salvage must be maintained by the claimant until the carrier's liability has been

established, and the carrier has waived all rights to expropriation of salvage in the event claimed is

settled/paid.

4) Damages or shortages must be explicitly noted on the carrier's receipt copy of the bill-of-lading and/or probill at

time of delivery.

5) On concealed damage claims, when the concealed damage is noted, stop unpacking and notify Gateway

immediately to request an inspection. Do not continue unpacking. Retain the package and packing for inspection.

The completion of an inspection report by receiver, carrier or Gateway is only one step in the process. It does not

constitute the filing of a claim, nor does it indicate carrier's liability.

6) Shipments must be checked according to the bill-of lading or carrier's probill: not shipper's packing slips. Carriers

are not liable for goods said to be in any unopened or undamaged container.

7) As per the Bill of Lading, if no value is declared on the shipment, the carrier’s maximum liability is $2.00 per

pound based on the actual weight (NOT CUBED WEIGHT) of the shipment.

8) On a damage or shortage, the carrier is only liable for the value of the goods at the time and place of shipment.

Claims for things such as overhead, anticipated profit or commission will only delay processing the claim.

9) Carrier is not liable for goods shipped at "OWNER'S RISK" or goods not properly packaged or crated. These

damage claims should be filed with your supplier.

(rev. 0904)

Standard Form For Presentation Of Loss And Damage Claims Page 3