If goods arrive damaged in road freight, check them at unloading and write a reservation on the CMR consignment note before you sign for delivery. Under the CMR Convention, apparent damage and shortages must be reserved no later than delivery, hidden damage must be notified in writing within 7 days, and claims are generally time-barred after one year.
Damaged goods at unloading: what should you do first?
Sequence matters. The driver is usually in a hurry, but a clean signature is the weakest starting point for any claim. Where the consignment note carries no reservation, Article 30 of the CMR Convention presumes that the consignee received the goods in the condition described in the note.
- Before the doors open, check the seal and the trailer itself: torn curtains, water marks.
- Count pallets or packages and compare them with the delivery note and the CMR waybill.
- Inspect the packaging: crushed corners, split film, shifted pallets, damp cartons.
- Photograph everything – the whole load space, each damaged item close up and the label of the affected pallet.
- Write a specific reservation on the consignee's copy and on the copy the driver keeps, and have the driver countersign it.
- Tell the shipper and the forwarder who booked the transport the same day.
You may refuse the delivery, but it is rarely the smartest move. If the goods are at least partly usable, accepting them with a precise reservation usually works better. Call your forwarder before refusing.
How to write a reservation on the CMR consignment note
Vague remarks such as "received subject to inspection" or "not checked" carry little weight. A useful reservation states the damage, its extent and the number of packages. Good examples: "2 of 18 pallets crushed on one side, stretch film torn, photos taken". Add the date, time and your name in capitals.
| Situation | What to do at unloading | Deadline under CMR art. 30 |
|---|---|---|
| Apparent damage to packaging or goods | specific reservation on the CMR, photos, driver's countersignature | at the latest on delivery |
| Shortage of pallets or packages | count and note the difference against the CMR and delivery note | at the latest on delivery |
| Hidden damage found after unpacking | keep the packaging, take photos, notify the carrier or forwarder in writing | within 7 days of delivery, Sundays and public holidays excluded |
| Late delivery | record the actual arrival time | in writing within 21 days after the goods were placed at the consignee's disposal |
Carrier liability under CMR: when is the carrier responsible?
Article 17 of the CMR Convention makes the carrier liable for loss of or damage to the goods between taking them over and delivery, and for delay. This is strict liability: the consignee does not have to prove the driver was negligent. It is enough to show that the goods were loaded in good order and delivered damaged or incomplete.
In general terms, the carrier is relieved of liability mainly for:
- defective or insufficient packing by the sender,
- loading, stowage or securing carried out by the sender, or unloading by the consignee,
- the inherent nature of the goods, such as fragility or a tendency to dry out,
- insufficient or incorrect marking of packages,
- circumstances the carrier could not avoid, and instructions from the person entitled to give them.
Photos taken at loading and a note on the CMR stating who loaded the truck therefore carry real weight.
How much will the carrier pay? The 8.33 SDR per kg limit
CMR compensation is capped. Article 23 limits it to 8.33 Special Drawing Rights (SDR) of the International Monetary Fund per kilogram of gross weight lost or damaged. In other words, the weight of the affected part counts, not the value of the goods. For heavy, low-value cargo the limit usually covers the loss; for light, high-value goods it can fall far short of what the goods are worth.
The Convention allows higher compensation in two ways: the sender may declare a value exceeding the limit in the consignment note (Article 24), or a special interest in delivery (Article 26). Both are agreed in advance at extra cost. For valuable shipments, cargo insurance is usually more practical, as it covers the real value of the goods.
Who carries the risk, and who should insure, depends on the sales contract. The Incoterms delivery terms define when risk passes from seller to buyer – a key question when importing goods into the Czech Republic.
What does a CMR claim for damaged goods need?
A cargo claim moves quickly when the file is complete.
| Document | Why it is needed |
|---|---|
| CMR with reservation and driver's signature | proves the damage was noted on delivery |
| Photos from unloading, ideally from loading too | show the extent of damage and how the load was stowed |
| Delivery note and commercial invoice | establish the value of the affected goods |
| Gross weight of the damaged packages | basis for the Article 23 limit |
| Damage report | description drawn up on site, ideally signed by both parties |
| Written notice to the carrier or forwarder | shows the deadlines were met |
| Repair quote or depreciation figure | quantifies the claim – repair, price reduction or disposal |
Watch the limitation period as well. Under Article 32 of the CMR Convention, claims arising from carriage are time-barred after one year, or three years in the case of wilful misconduct. Do not leave it late.
Damaged goods in domestic transport within the Czech Republic
The CMR Convention governs international carriage of goods by road. For domestic transport within the Czech Republic, carrier liability follows the Czech Civil Code rather than CMR. We still recommend the same routine: check, reserve, photograph and notify in writing.
Preventing damage and how a freight forwarder helps
Most damage in truck transport is not caused by accidents but by loads shifting under braking, weak packaging giving way or moisture. Prevention costs less than any claim:
- put goods on sturdy pallets, ideally euro pallets, and wrap them tightly in stretch film,
- follow our guide on how to prepare pallets for transport – edge protectors, layer sheets, stackability, labelling,
- state clearly whether fragile goods may be stacked, and pick the right trailer from the vehicle types overview,
- send temperature-sensitive goods by refrigerated transport,
- for small volumes, check whether a parcel, pallet or full truck fits best – every transhipment adds risk,
- photograph the load once it is on board and have the package count confirmed on the CMR.
Knapek Spedition, based in Břeclav since 2011, arranges transport through a network of more than 500 vetted contracted carriers. We check their carrier liability insurance, document the loading and, if damage occurs, handle the claim with the carrier and its insurer on your behalf. See also what is freight forwarding. Whether you need pallet transport from a single pallet or international road freight, you get a quote within 30 minutes during office hours and a vehicle usually within 24 hours. More in transport cost and all transport areas.
Dealing with a damaged shipment right now? Send us the CMR with the reservation and photos and we take over the claim with the carrier – contact us.
Related guides: CMR waybill · Incoterms – delivery terms · How to prepare pallets for transport