All business is transacted and liability for loss and damage limited strictly in accordance with the Irish International Freight Association (IIFA) or the Irish Haulage Association (IRHA) Standard Trading Conditions latest edition, whichever is appropriate. Copies are available on request.
Irish International Freight Association (IIFA)
The maximum payable if you contract under these terms is 2 SDRs per kilo. In certain cases, despite contracting under IIFA terms, a different convention will be applicable (CMR overrules IIFA). Compensation payable is based on gross weight.
Claims must be made in writing within 14 days of incident.
Irish Road Haulage Association (IRHA)/Road Haulage Association (RHA)
This convention applies to goods for domestic distribution. The maximum payable is €1,800/£1,300 per tonne.
Preliminary advice of loss or damage must be given in writing three days (IRHA)/seven days (RHA) from loss or damage for a parcel/consignment and a written claim must be within 14 days. If total loss occurs, the preliminary advice must be given in writing within 28 days from loss and written claim within 42 days.
GOODS IN TRANSIT
Are You Fully Insured?
EXPLANATION OF CONVENTIONS
Contract for the International Carriage of Goods by Road (CMR)
This convention applies to cargo carried on articulated vehicles and trailers. The convention applies where either Ireland or the receiving country is a member of the convention (Ireland is a contracting country).
The maximum compensation payable is 8.33 SDRs per kilo, plus if the goods are lost or totally damaged then a full refund of the freight. In the event of a partial loss, then a proportion of the freight is refundable. Compensation payable is based on the gross weight.
In general, claims must be made within 12 months of the incident. However, it is important that the consignee checks the goods on receipt and, in case of apparent damage, this must be reserved for on delivery. In the case of no apparent damage, this must be reserved for in writing seven days from delivery date (Sunday and Public Holidays excepted).
SDRs – WHAT ARE THEY?
Generally, the compensation payable under these circumstances is measured in SDRs. SDRs is the abbreviation for Special Drawing Rights.
A Special Drawing Right consists of the mean of a basket of currencies. The value of an SDR can be obtained from the Financial Times or from Internet. As an SDR consists of a mean of several currencies, it is important to note that its monetary value can change daily.
The SDR rate to Euro as per October 1st 2007 was 1.095230 to €1.00. Compensation is based on the invoice value of the goods or limit of liability,
whichever is lower.
If you do not have All Risks Insurance, the table below shows an example of where you may be under-insured. The example is based on assumed goods with a weight of 500kg and a value of €5000.00.
WHY HAVE INSURANCE COVER?
Unfortunately, it is not a perfect world and despite high quality standards within BM Transport Ltd, accidents do occasionally happen.
Furthermore, your goods can often be thief attractive and although we place special emphasis on security and the protection of your goods, it is not always possible to deter the determined thief.
The routes from collection to the customer are often long and tortuous and the opportunity for accidental damage, theft and water damage is constant.
As already mentioned, our contractual liabilities impose a limitation and there are also certain time limits. It is therefore important that your goods are fully insured.
Insuring your cargo is not a legal requirement, but the need to insure is a common-sense reality.
WHAT WE DO ON RECEIPT OF A CLAIM
1. We will acknowledge receipt of your claim and allocate it a reference number. For future administrative ease, please quote this reference number on all correspondence.
2. We will advise if we need further information.
3. We will carry out our own investigation.
Under the standard convention; the time to settle claims may be considerable – and the burden of proof is on the customer.
- The conventions as explained in this document do not purport to represent the full implications and constraints of each one.
- These brief illustrations are listed merely to highlight to you the potential problems and pitfalls of transporting and storing your cargo.
- If you wish to understand the conventions in more detail, please consult your legal and professional advisor.
- We cannot be held responsible for any liability as a result of a dependence of our explanations of the insurance conventions detailed.
- We hope this document is of interest to you and welcome any positive
suggestions for its improvement.
Please write to the Company:
BM Transport Ltd
Tel: +353 (0)47 58000