In case of detection of damaged Goods (including significant and minor packaging damage, traces of packaging repair (patches, scuffs, punctures, etc.), traces of humidity of the packaging, broken Big Bag slings, damaged pallets etc.), a foreign inclusions in the Goods (including pieces of rope, stones, any kind of wire, metal inclusions in the form of scale, etc.) or shortage of the Goods in the process of unloading/loading a vehicle, it is necessary to undertake the actions provided for in cl.1-9.
However the Goods arrive in a closed container or silotruck, the Buyer should first take the actions indicated in Appendix 2 and only then proceed to perform the actions specified in cl.1-9
1. Stop unloading/loading.
2. Report the damage or other mismatch to the driver and the Seller asap and wait for instructions of Seller's managers on further actions as maximum during 1 (one) hour. After his waiting period the Service Provider should make actions specified in cl.3-9 of this Instruction. The driver of the vehicle should also wait. Don't let the driver of the vehicle go away from the warehouse before receipt of instructions from Seller's managers and before the end of unloading of Goods.
3. Make pictures. Pictures have to include the following:
a. Picture of the truck plate number,
b. Picture of each damaged Goods (pallet, big-bag), so that the damage can be clearly seen on the photo,
c. The picture of goods' location inside the vehicle,
d. The picture of the empty vehicle after unloading to detect the pollution. This is applied if it is assessed to be safe to unload the Goods.
4. Unload the Goods from the vehicle. This is applied if it is assessed to be safe to unload the Goods.
5. Weight the damaged Goods to define the weight of loss. The weighting of loss might be based on packing documentation and not actual weighting. Where possible, weighting should confirm the information.
6. Prepare the written Act of acceptance of the damaged Goods, a foreign object in the Goods or shortage of the Goods (Appendix № 1), which includes the plate number of the vehicle, nature of damage, units of damaged goods, the weight of the lost goods, the name of the packaging manufacturer, which is indicated on each package, description of a foreign object. Act of acceptance of the Goods has to be signed by the truck driver and all parties responsible for Goods acceptance. The Act of acceptance of the Goods can not be changed/updated after it was signed by the driver. All the necessary information including units and weight of the damaged goods, a foreign object in the Goods or shortage of the Goods has to be clearly stated in the Act of acceptance of the Goods.
7. Provide one copy of the signed Act of acceptance of the Goods to the truck driver.
8. Make a note to CMR about the damaged Goods or shortage of the Goods, indicating the weight of lost Goods.
9. Send copies of all the documents (Act of acceptance of the Goods, CMR, Pictures) to the Seller asap.
IMPORTANT:Do not give documents to the driver without his signature in the Act and CMR. If the driver refuses to sign the Act of acceptance of the Goods, necessary to make a note in the Act of acceptance of the Goods. If the driver has any comments, the driver notes it in the Act of acceptance of the Goods.
ATTENTION:The term for objections to the instructions is 10 days. If no objection is submitted, it shall be deemed that it has been fully accepted and is enforceable.
If you do not comply with the requirements of this instruction, claims for reimbursement of the cost of the damaged Goods or shortage of the Goods will not be accepted and will not be satisfied.
Appendix № 2 to the Instruction on the procedure for detecting damaged Goods or shortage of the Goods
Necessary actions of the Buyer in case of accepting the Goods in a closed container or silotruck before performing the actions indicated in the Instruction on the procedure for detecting damaged Goods or shortage of the Goods (cl.1-9):
1. Upon receipt of Goods from the Seller, the Buyer should inspect the external condition of the container/silortuck for presence of holes, dints, other damage, and also check the conformity of the container/silortuck number and seal number to the data indicated in the shipping documents.
2. If the specified in article 1 of this Appendix damages or inconsistencies are present – stop accepting the Goods (the container).
3. Report the damage or other mismatch to the driver and the managers of the Seller asap and wait for instructions of Seller's managers on further actions as maximum during 1 (one) hour. After his waiting period the Buyer should make actions specified in cl.4-8 of this Appendix. The driver should also wait. Don't let the driver go away from your territory before receipt of instructions from Seller's managers and before the end of unloading of Goods.
4. Make pictures and send it to Seller's managers. Pictures have to include the following:
a. A picture of the container/silortuck and seal number,
b. A picture of container's/silortuck's location,
c. A picture of damaged Goods, so that the damage can be clearly seen on the photo.
d. A picture of the shipping documents.
5. Prepare a written Report and an Act of acceptance of the damaged Goods, a foreign object in the Goods or shortage of the Goods (Appendix 1), which includes a container/silotruck and seal number, nature of damage, shortage, a picture of shipping documents, a foreign object in the Goods. The report and Act have to be signed by the driver and all parties responsible for Goods acceptance-transfer. The Report and Act can't be changed/updated after it was signed by the driver. All the necessary information has to be clearly stated in the Report and Act.
6. Provide one copy of the signed Report and Act to driver.
7. Make a note to CMR about the damaged/improper Goods (the container).
8. Send the Act, Report, CMR, pictures to the manager of the Seller asap