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The carrier is not always guilty of damage to the goods ❗

✅ We are pleased to inform you that on May 31, 2021, after two years of trial, the District Court in Warsaw, XV Commercial Division, ordered the international forwarding company to pay the full amount, including interest and court costs, to our client - due to the lack of payment for several transport of goods from Italy to Poland. The defendant maintained that medical components were damaged in one of the shipments. Legal adviser Jerzy Klimkowski representing the carrier showed that the damage was caused in the recipient's warehouse and that the obligations of proper filing of complaints regulated by the CMR Convention were not met.

According to Article 17, paragraph 4 of the CMR Convention, the carrier is released from liability if the loss or damage to the goods resulted from a special risk resulting from: manipulation, loading, stowage or unloading of the goods by the consignor or the consignee; On the other hand, Article 30, paragraph 1 states that: if the consignee accepted the goods without checking their condition with the carrier or without reporting to the carrier reservations indicating generally the type of shortage or damage at the latest at the time of delivery, in the case of visible shortages or damage, or within seven days of the date of delivery, excluding Sundays and public holidays, in the case of invisible shortages or damage - it is presumed, in the absence of evidence to the contrary, that he received the goods in the condition described in the consignment note. The reservations provided for above must be made in writing, in the case of invisible shortages or damage.