Claims - Gardewine

Claims

Freight Claims

Please download the following form

Claim Submission

Presentation of a well documented claim will greatly assist in the processing and prompt disposition of the claim.The following will provide an overview of the documentation required in order to process the claim.

Original copy of the bill of lading
Consignee's copy of the signed delivery receipt (proof of delivery)
Copy of original supplier's invoice with all cost prices and discounts
Itemized repair bill showing hours of labour, rate per hour, and cost of materials
Itemized statement, detailing how the amount claimed was calculated
Inspection report (if applicable)
Pictures (if applicable)

Claims may be presented to the Gardewine Terminal in your service area, or directly to our Head Office located at:

Gardewine Claims

60 Eagle Drive

Winnipeg, Manitoba R2R 1V5

Phone: (204) 631-1319

Email: claims@gardewine.com

If email is not an option, fax:

(204) 697-1132

Time Limitations For Filing Claims

Notice of Intent to Claim must be filed in writing within sixty (60) days from the date of delivery of the goods, or in the case of non-delivery within nine (9) months from the date of shipment. The final claim must then be filed within nine (9) months from the date of shipment.

Maximum Liability/Declared Value of Shipment

Bill of Lading conditions allow the consignor the opportunity to declare the value of the merchandise at the time of shipment. Failure to do so maximizes the carrier’s liability at $2.00 per pound or $4.41 per kilogram for any loss or damage.

Indicating a declared value exceeding $2.00 per pound or $4.41 per kilogram will result in a surcharge being applied to the freight bill in accordance with Gardewine’s General Rules Tariff.

Mitigation of Loss:

A consignee should not refuse to accept a shipment due to damages or being partially short. When practical, the shipment should be accepted. Legally, it is the claimant’s duty to mitigate any loss by all reasonable means including keeping the damaged product for a discounted price or having the goods repaired. Reducing the loss will help expedite settlement of the claim. Should it become necessary to claim the full value of the merchandise concerned, all damaged or distressed material should be retained until claim settlement is achieved. This allows the carrier the right to recovery of the goods for salvage purposes, if deemed appropriate.

Delivery Receipt Signatures

All Discrepancies regarding damages or shortages must be noted and identified on the carrier’s delivery receipt copy at time of delivery. Notations such as “Subject to Inspection”, “Possible Shortage”, “Possible Damage” do not constitute a proper damage or shortage signature, and do not entitle you to file a claim.

Packaging

All product must be well packaged or crated to handle the normal rigors of transportation. All shipping units should be properly marked to show destination and delivery address including special handling labels, e.g., “this side up”, “fragile” etc.

It is in the interest of the shipper to ensure their property is properly protected for shipping while in transit. If the goods are insufficiently packed or otherwise secured, the shipper must bear the resulting loss of damage.

Concealed Loss or Damage

Concealed loss or damage means that the loss or damage was not noticeable at the time of delivery. If concealed loss or damage is discovered after Gardewine has been given a clear delivery receipt, you must:

Courts have generally ruled that a consignee may not open the containers and examine the merchandise before giving a signed receipt to the carrier unless the containers indicate the probability of damage or shortage.

Burden of Proof

In a concealed damage or shortage claim, the claimant has the burden of proof. The claimant must prove that the damage or shortage was caused by Gardewine, as opposed to other parties who handled the goods.

Cargo Inspections

To arrange an inspection, please contact the Gardewine terminal in your service area or email claims@gardewine.com.

The Inspection Report is not an official notice of claim. Written notice must be sent to the carrier within 60 days from date of delivery. The inspection report is only a statement of facts, not an admission of liability. Salvage must be retained until the claim is concluded.

Claim Investigation and Handling

All freight claims are processed through our Winnipeg Head Office.

Upon receipt of your claim, an acknowledgement will be issued by email identifying the file number assigned, and requesting submission of any required documentation not received with the claim.

Gardewine realizes that a lost or damaged shipment causes inconvenience to you and your customers. Every effort will be made to complete the claim investigation with the least possible delay. We ask you to appreciate, however, that some investigations can be more difficult and time consuming. Please allow us a minimum of 45 days to settle your claim.

Please Note:

If requested information is not received within 60 days, file will be closed.
Salvage must be retained until claim has been finalized. Failure to do so could result in your claim being declined.
GST/HST is not applicable on claims.
Please refer to Gardewine Tariff 100 for property that would be shipped at owner's risk.