The logistics of international transport involves some risks. It is precisely for this reason that we recommend taking out international cargo insurance. And when a cargo needs to be reimbursed, it is up to the insured to formally notify the carrier. One way is through the Protest Letter.
The Letter of Protest consists in holding the carrier liable for fault, delay or breakdown of the cargo during transportation. The Civil Code (CCB/2012) establishes that carriers must receive cargo protected and able to travel in the chosen modal, which requires restrictions and fragility marked on the packaging so that the carrier can refuse to start the transit.
This procedure is fundamental in the instruction of claims and indemnities so that they can be carried out safely. According to current legislation, whenever a cargo has been unloaded presenting damages, the Protest Letter must be presented by the cargo's consignee, importer or his customs broker. He must report the occurrence immediately to the insurance company.
In addition, it shall document the respective protests against all actors involved in the supply chain prior to customs clearance and/or before removal from the primary zone.
The law provides for up to 10 days to DENUNCIE invisible irregularities in delivery. Hence the importance of RESSALVA, both in the collection and of the consignee in the delivery, guaranteeing the rights of both, even if the last DENUNCIATE malfunctions discovered within 10 days of delivery. This denunciation, without preconceived form, must report objectively the damage found later.
Once reported, it is the responsibility of the carrier to accept (with or without reservation) its terms or to prove the pre-existing or succeeding damage by chance, force majeure or vice peculiar to the goods. Otherwise, the carrier shall be obliged to indemnify (Dec. 2.681/12).
After filling in the form, the Letter of Protest must be transmitted to all those involved in the process and legally prove that it has been received. The most common way is to use a registered letter at the post office with AR (acknowledgement of receipt).
But in the modern world, sending letters on paper by the post office is something outdated. It is often difficult to find the right person to protest, apart from the high cost and bureaucracy of using an institution as inefficient as the Post Office.
With this in mind, we have developed a tool to automate fault management and automatically protest people who need to be protested, and thus avoid the risk of not being able to recover for a broken load. The protests are sent digitally, with electronic signature and proof of digital delivery.
One less bureaucracy in your company's Foreign Trade management.
TO GET THIS SERVICE FROM THE PINE GROUP, TALK TO OUR TEAM ON THE PHONE: (41) 3219-4300