Time Lilmits for Notification of Claim
BIFA (2005) Section 27.(A)
Any claim by the Customer against the Company arising in respect of any service provided for the Customer or which the Company has undertaken to provide shall be made in writing and notified to the Company within 14 days of the date upon which the Customer became, or ought reasonably to have become, aware of any event or occurrence alleged to give rise to such claim, and any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred, except where the Customer can show that it was impossible for him to comply with this time limit, and that he has made the claim as soon as it was reasonably possible for him to do so.
CIFFA Section 14
The Customer on its own behalf and on behalf of the Owner of the goods shall notify the Company in writing of any claim
(a)in case of loss and/or damage to goods within 45 days of the completion of transit,
(b)in case of delay in delivery or non-delivery within 45 days of the date when the goods should have been delivered,
(c)in any other case within 60 days of the event giving rise to the claim.
If a claim was not discoverable by the exercise of reasonable care within the applicable time period, the Customer must give notice forthwith after receiving information as to events that may give rise to a claim. Failing notice as required by this clause, the claim is barred and no action can be brought against the Company to enforce the claim.
FIATA Model Rules Section 9.2.
With respect to all other loss or damage, any claim by the Customer against the Freight Forwarder arising in respect of any service provided for the Customer or which the Freight Forwarder has undertaken to provide shall be made in writing and notified to the Freight Forwarder within 14 days of the date upon which the Customer became or should have become aware of any event or occurrence alleged to give rise to such claim. Any claim not made and notified as aforesaid shall be deemed to be waived and absolutely barred except where the Customer can show that it was impossible for him to comply with this time limit and that he has made the claim as soon as it was reasonably possible for him to do so.
NCBFAA 3. Limitation of Actions.(a)
Unless subject to a specific statute or international convention, all claims against the Company for a potential or actual loss, must be made in writing and received by the Company, within ninety (90) days of the event giving rise to claim; the failure to give the company timely notice shall be a complete defense to any suit or action commenced by Customer.
NSAB Section 29
Notice of claim concerning matters other than damage to, or depreciation or loss of the goods shall be given within fourteen days after the day on which the customer knew or ought to have known about the circumstances forming the basis of the freight forwarder's liability. If such notice of claim has not been given, the customer has lost his right of claim.
|
Peter Jones' Commentary:
CIFFA imposes the primary obligation to give notice is upon the customer, as the receiver of the goods is probably not a party to the CIFFA Conditions. See further comments regarding notice in the event of any claim.
Notice requirements vary significantly from country to country. The object of a requirement hat a customer give notice is simple: the forwarder has not actually handled the goods, and must have prompt notice so it can put the parties who have handled the goods on notice. Fourteen days is the appropriate time for air freight shipments under the Warsaw Convention.
In any case where a shipper/receiver or their agent has to give notice to a carrier, have a legal advisor check the law to determine when the notice must be given.