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Multitrans’s damage responsibility is subject to relevant provisions of the Czech Civil Code and the CMR Convention.
Monetary damages include:
For damaged goods: Average repair costs for restoring the damaged goods to their original state (including reassembly and assembly costs) — minus the price of spare parts that have been replaced but can be used on their own or sold. In case the damaged goods are not repaired and can still serve their original purpose, the sender is entitled to monetary compensation — the difference between the prices of undamaged and damaged goods. The price of the damaged goods should be set by an expert opinion or should be equal to the price for which the damaged goods were sold (on the condition that the sender agreed with the sale).
Lost or destroyed goods: The gross price of lost or destroyed goods (or their part) at the time of handover to the first carrier (without margin).
Late delivery: The damages equal additional costs paid as a result of the late delivery. The damages should never exceed the late delivery costs (without VAT).
For damage to goods suffered during transport within the Czech Republic, Multitrans is obliged to pay actual damages. These equal the decrease of the price of the damaged goods. Under no circumstances is Multitrans responsible for lost income and other consequential damage suffered by the sender or a third person.
Multitrans is not responsible for damages if it’s proven that:
The damage was caused by the sender, the recipient, the owner of the transported goods, or by a third person that Multitrans is not responsible for.
The damage was caused by a flaw of the transported goods, or by their natural characteristics (e.g., natural reduction).
The damage was caused by faulty or insufficient packaging.
The damage happened at a time when Multitrans couldn’t control the load.
The damage was caused by vis major — by circumstances that Multitrans couldn’t control (e.g., a natural catastrophe, a traffic accident caused by a third person).
Multitrans is not responsible for the claimed damages if it couldn’t have averted the damage while using due diligence and professional experience.
Multitrans is not responsible for the claimed damages should the customer handle the damaged goods after delivery (re-packing it or refurbishing) without a responsible person from the insurance company inspecting the goods first.
The sender should make sure that the recipient inspects the delivered goods at the time of delivery and notes all discrepancies and damage claims in the CMR sheet (for international transport), in the delivery note (for transport with the Czech Republic), or in the written claim. To process a claim, the written claim has to be submitted and signed by the recipient and a Multitrans representative (the driver).
According to the CMR Convention, monetary damages are limited for damaged or destroyed goods, and for partly or completely lost goods.
Calculation: 8,33 × load weight in kg × the IMF rate
The 8.33 coefficient was set by the CMR Convention.
Load weight means the gross weight of damaged, destroyed or lost goods.
The IMF rate is set by the International Monetary Fund.
|Load of 3.5 Mil. CZK, gross weight 10 tons
|8,33 x 10000 x 32,028 (the IMF rate from 6/10/2022) = 2 667 932 CZK.
|Due to the CMR Convention, the monetary damages would be 2.5 Mil. CZK. It’s a good idea to get additional insurance.
We want our clients to be satisfied. We process claims ASAP.