A container arrives at Douala or Mombasa. The cargo inside has been damaged in transit. Your customs broker advises you by phone, you ask them what to do, and you get a vague answer because they handle customs, not insurance claims. You call your freight forwarder, who sympathises but reminds you that the carrier is a separate party. You call the carrier's local agent, who says liability is limited.
None of this is unusual. What is unusual is knowing, before it happens, how liability actually works, who to contact first, and what actions in the first 48 hours determine whether your claim succeeds or fails.
How Liability Is Allocated
Three parties carry potential liability when cargo arrives damaged. Understanding each one's position โ and their limits โ is the starting point for any claim.
The Shipping Line (Carrier)
The carrier is liable for loss or damage that occurs while the goods are in their custody โ from loading at the Chinese port to discharge at the African terminal. However, carrier liability under international maritime conventions is capped, typically at around $500 per shipping unit (a package or piece) or by weight, whichever is lower. For any commercially significant cargo, this cap falls far short of the actual loss. The carrier's liability is also limited to proven negligence โ if the damage occurred for reasons outside their control, their liability may be zero.
The NVOCC (Your Freight Forwarder)
As a Non-Vessel Operating Common Carrier, ChinAfrika Logistics Limited issues its own House Bill of Lading and assumes carrier-like responsibilities to the shipper. Where damage occurs in a segment of the journey that falls within CALL's operational responsibility, our liability mirrors that of the carrier for that segment. Our standard operating procedures for claims set out the process clearly. See: Standard Operating Procedures for Claims.
Your Marine Cargo Insurer
For any significant cargo value, marine insurance is what actually compensates you โ because the carrier's liability cap is almost never enough. A valid All Risk marine policy covers physical loss or damage from covered perils up to the insured value, regardless of who was at fault. Your insurer may then pursue the carrier through subrogation โ recovering from the liable party after they've paid you. See: Is Your Cargo Actually Insured? What "All Risk" Really Means.
The First 48 Hours: What to Do and What Not to Miss
Cargo damage claims have time limits. Missing them doesn't reduce your claim โ it can void it entirely. The actions you take immediately after discovering damage are what determine whether your claim survives.
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Note the damage on the delivery receipt before the driver leaves. If you or your warehouse team accepts cargo without noting visible damage on the delivery note, you've created a legal record that the goods arrived in acceptable condition. Once that receipt is signed without notation, visible damage claims against the carrier become very difficult to sustain.
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Photograph everything. The container exterior before opening. The container interior showing how goods were positioned. Every damaged item before anything is moved or unpacked further. Date and time stamp all images if your phone doesn't do this automatically.
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Notify your insurer immediately. Most marine policies require notification of apparent damage within 3 days of delivery. For concealed damage discovered on unpacking, the window is typically 7 days. These are not guidelines โ missing them is grounds for claim rejection.
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Notify CALL's Customer Service team and the carrier's local agent in writing. An email with the B/L number, a description of the damage, and the photographic evidence establishes the timeline of your notification and triggers the formal claims process.
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Do not dispose of damaged goods. Insurers and carriers have the right to survey damaged cargo before settling any claim. Disposing of goods before a surveyor has inspected them removes the evidence the claim depends on.
โ ๏ธ Watch Out: The single most common reason cargo damage claims fail on the China-Africa corridor is insufficient packaging โ not carrier negligence. If the insurer's surveyor determines that the goods were inadequately packed for an ocean voyage, the damage is attributed to packaging failure rather than a covered transit peril, and the claim is rejected regardless of how clearly the cargo was damaged. Proper export packaging is not just a logistical consideration; it's a condition of coverage.
How the Claim Process Works
Once you've notified your insurer and provided initial photographic evidence, the insurer appoints a local surveyor to inspect and assess the damage. The surveyor's report forms the basis of the claim settlement.
Documents typically required for a marine cargo claim include: the Bill of Lading, the commercial invoice, the packing list, the insurance certificate or policy, the survey report, and a detailed statement of the damage and its discovered value. Keep all of these organised and accessible for every shipment โ assembling them under time pressure after damage has occurred is where claims lose momentum and, sometimes, legitimacy.
๐ Pro Tip: The fastest cargo damage claims are those where the importer can produce the full document set within 24 hours of the surveyor's request. Build a simple file for each shipment โ digital is fine โ that contains the B/L, commercial invoice, packing list, and insurance certificate. That file should exist from the moment the vessel sails, not from the moment something goes wrong. CALL's Customer Service team issues all shipping documents in one consolidated email at departure; save it in your shipment file immediately.
Dealing with a cargo damage situation right now?
Contact CALL's Customer Service team immediately. We'll guide you through the notification process and coordinate with the relevant parties to protect your claim.
Contact Our Team โLast reviewed: June 2026 ยท Category: Risk & Insurance
Related articles: Standard Operating Procedures for Claims ยท The Bill of Lading: Why Every Field Matters ยท Incoterms Explained ยท Your Cargo Is Stuck at Customs
