Security is priceless
If your container is traveling on the very ship where a fire broke out, who pays and, if so, to what extent?
If the captain of the ship declares damage, who pays the expenses and damages caused by voluntary measures taken by the captain for the common safety? Who pays and, if so, to what extent?
If your container falls off the crane during unloading, or is stolen during transport from the port to your warehouse? Who pays and, if so, to what extent?
To be calm in your business, insure your goods transported against all risks!
It is a fact that goods subject to transport are exposed to various kinds of risks and may suffer damage of various kinds, including their partial or total loss.
Despite the fact that the precautions and precautions adopted are increasingly adequate, transport continues to maintain a high level of risk. The problem of transport risk is therefore more than topical.
Often those who entrust the goods to the shipper operate in the mistaken belief that the latter is fully responsible for the perimeter (loss, destruction, theft, etc.) of the same. On the contrary, according to the law, the forwarder is an agent who acts in his name but on behalf of the principal (owner of the goods) in order to conclude a transport contract and carry out the ancillary operations that derive from it. The shipper will have to insure the goods only in the event that he receives “a written and express order from the sender” and in this case, the one who is liable for the material damage suffered by the goods will be the insurer. In the absence of this explicit prescription, the carrier operates with a specific limitation of liability provided for by the International Conventions relating to transport.
In the event of loss and damage to the cargo, the shipping carrier is exonerated from its responsibilities in the event of certain contingencies (the excepted perils) such as accidental fires, sea hazards, force majeure or acts of war; moreover, it must not be held responsible if the onset of the problem is due to the negligence of the ship’s captain or his crew, who may incur the so-called “nautical fault”, or the negligence, imprudence and inexperience of the ship’s captain and crew in the management and maintenance of the ship.
The carrier’s liability is limited, in the event of damage to goods, and excluding willful misconduct and commercial negligence, to: – International maritime transport, 666.7 SDR * / package or unit or 2 SDR per gross kilo (Brussels Convention and subsequent Visby and the Hague). – International air transport, 17 SDR / kg gross (Montreal convention). – National land transport, € 1 per kilo.
* SDR: “Special drawing rights” / “special drawning rights”, unit of measurement based on a “basket” of currencies established by the IMF (International Monetary Fund). 1.2 € on 17-8-17.
How much to insure?
In the event of damage, the transport insurance reimburses the maximum value of the goods in their healthy state at the place of destination or the value for which the insured is actually exposed. It is therefore essential to provide for the correct determination of the insurable value.
In the event of damage, the insurable value is recognized, in full, if the damage in question is total, or in proportion to the loss, if it is partial. All this even if a higher premium has been paid, the difference of which, among other things, would not be returned by the insurance company.
In the opposite case in which a lower value than the actual value is declared to the insurance, the damage will be paid following the “proportional rule” art. 1907 c.c. For these reasons, in the calculation of the insurable value, which must be as correct as possible, all the ancillary costs of packaging, customs, freight, insurance premium and other costs incurred to return the goods to the final destination must be added to the value of the goods. . Therefore insurable value = goods value x 10% (at least of hopeful profit) + total shipping cost (freight + Italian expenses) + insurance premium.
It is also important to add a percentage of hopeful profit and possibly deriving from the sale of the goods, profit that can no longer be realized following the occurrence of the accident or damage (normally this mark-up is 10%, but it can be even higher).
Monava Trasporti Internazionali can assist you with its long and specific experience by giving you the opportunity to PROTECT YOURSELF FROM ANY RISK IN AGREEMENT WITH LLOYD’S OF LONDON (1st reinsurer in the world) thanks to a special ALL RISK coverage WITH ZERO EXCESS.