Claim - Raben Logistics Polska

Claim -
is a complaint filled in a written form with regard to a
damage, loss or shortage in a shipment which may
occur from the time of accepting the shipment for
transport to its receipt or delay in its delivery.
Scope and regulations of carrier's responsibility for delay, damage, loss or shortage of shipments
are regulated by:
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for domestic transport: Transport Regulations Act (consolidated text published in Journal of Laws from 2000, No. 50,
Item 601 as amended), Regulations of Rendering Domestic Transport Services by Raben Polska Sp. z o.o., Fresh
Logistics Sp. Z o.o.
for international transport: CMR (Convention on the Contract for the International Carriage of Goods by Road)
published in Journal of Laws from 1962, No. 49, Item 238 as amended).
an authorized person
A claim may be filed only by
:
� for domestic transport: the customer or the person in charge of the shipment
(sender or recipient),
� for international transport: the person in charge of the shipment (sender or
recipient).
written claim
The claim status may be granted only to a submitted to the
carrier. Therefore, a special letter of complaint is required in a form of a filled in
complaint form or in any other written form convenient for the customer. The form
is available at www.raben-group.com in the 'Claims' section and includes all
formal details and a list of all documents needed to file a complaint.
The following documents shall be attached to claim form:
Drawing up
a damage report in
the presence of the
driver does not constitute
a complaint but
only raises objections
to the state of the
shipment!
For domestic transport: For international transport:
� Original consignment note - recipient’s copy, if the
recipient files a complaint; original consignment note -
sender’s copy, if the sender or the ordering party files a
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Original consignment note - recipient’s copy,
Damage report,
Certified true copy of the original invoice
complaint. The consignment note gives the right to accompanying the shipment* or other document
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file a complaint.
Damage report - determines, among others, damage �
certifying the claim value,
Bank name and account number to which possible
type, size and circumstances. It is a two-party document
drawn up by the recipient and the driver delivering the
compensation shall be transferred.
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shipment - original or certified true copy of the original*,
Certified true copy of the original invoice accompanying * Certified true copy of the original is a copy which has
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the shipment*,
Bank name and account number to which possible
compensation shall be transferred.
been certified with a company's stamp and signed by a
person authorised to represent the claimant.
The claim will not be handled
without submitting the aforementioned documents.
In exceptional cases, the carrier has the right to demand additional
documents necessary for handling the claim.
Claims shall be submitted to the appropriate address of the company rendering the service:
� Raben Polska Sp. z o.o., Customer Service Department (or Quality Department) , ul. Poznañska 71, 62-023 G¹dki
k/Poznania
� Raben Transport Sp. z o.o., Quality Department, ul. NiedŸwiedziniec 10; 41-500 Chorzów
� Fresh Logistics Sp. z o.o., Quality Department,
ul. Poznañska 71, 62-023 G¹dki k/Poznania
Filing a claim does not release the customer from the obligation to pay for transport service!

Claims lapse:
Limitations of indemnities
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After a year for claims regarding damage, loss or shortage in shipment (both
for domestic and international transport),
After 2 months for delays in shipment delivery (for domestic transport),
After 21 days for delays in shipment delivery (for international transport).
In practice, the lapse of the stipulated period means that after that time the carrier
(i.e. Raben Polska, Raben Transport, or Fresh Logistics company) is not obliged
to pay indemnity and will disregard the claim even if, in principle, the carrier was
responsible for the damage.
Fast submission of the claim
will ensure its efficient handling!
In domestic transport the indemnity for loss, damage or shortage in shipment may reach maximum the
net value of the goods accepted for tansport and covered by claim. In case of delays in transport, the
compensation may reach maximum the double of the transport fee.
In international transport indemnity for loss, damage
or shortage in shipment is paid according to the value of
goods in the place and at the time of accepting the goods for
transport and it may not exceed 8,33 SDR* (Special Drawing
Rights) per kg of missing or damaged shipment.
In case of delays in transport, the compensation may reach
maximum the single transport fee.
The indemnity is paid net because the claimant may deduct VAT from goods at the time of purchase.
The carrier cannot pay 100% indemnity when the goods were damaged partially. Therefore, when determining the claim
value, the claimant is obliged to if possible.
limit the size of the damage
*SDR is a currency unit used for
cashless settlements, connected with
international road transport of goods.
SDR exchange rate is announced by
NBP in Table A of the average exchange
rates of foreign currencies.
(Value code XDR)
The demand for indemnity shall be proportional to the actual size of damage. Filing a claim in the value corresponding to
actual diminished value - at the initial stage of filing a claim - will not unnecessarily prolong the process of claim handling.
The obligation to limit the size of damage results fromArt 354 of the Civil Code.
The response to a claim shall be send within 30 days from the moment of receiving the full set of documents concerning
the matter and explaining all circumstances of the damage and subjects responsible for the damage.
The claim may result in the payment of or the refusal the pay indemnity. The claimant may appeal against the decision by
providing his/her own written statement within 30 days from the date of receiving the decision. The claimant may also
appeal to the appropriate court of law, the district court in Poznan.
The claim filed by an unauthorized person or the claim which is not in conformity with conditions regulated by law or the
claim to which required documents have not been submitted shall not be handled.
This leaflet is for information purposes only and is not legally binding. In particular, it does not constitute an offer within the meaning of the Act of April 23, 1964 of the Civil Code.
In order to obtain information concerning the conditions of providing services and the liability of the Carrier, please consult with the Domestic Transport Services Regulations, for matters
not covered by the Regulations, the provisions of Carriage Law, the Civil Code; and for international transport, the provisions of the CMR Convention.