Damaged goods, a missing parcel, a late delivery: in transport, rights are lost quickly. Here are the right reflexes, from receipt of the goods to the claim.
1. Check before you sign
Count the parcels, look at the condition of the packaging, open them in the driver's presence if possible. Signing the delivery note without any reservations noted on delivery (réserves) amounts to accepting the delivery as it stands.
2. Write precise reservations
On the consignment note (lettre de voiture) or the delivery note: the number of parcels affected, the nature of the damage, what you observe (“2 of 6 pallets with torn stretch film, crushed boxes”). Vague wording such as “subject to unpacking” (“sous réserve de déballage”) is generally not considered a valid reservation.
3. Confirm within the deadlines
- Transport within France: the reasoned protest must be notified to the carrier by registered letter or by a deed served by a commissaire de justice (court bailiff) within 3 days, not counting public holidays, following receipt (Article L. 133-3 of the French Commercial Code).
- International road transport (CMR, the convention on the contract for the international carriage of goods by road): reservations on delivery for apparent damage; for non-apparent damage, written reservations within 7 days, not counting Sundays and public holidays.
If in doubt, send the protest first and analyse afterwards.
4. Keep the evidence
Dated photos, packaging, damaged goods (do not throw them away before the carrier or the insurer has agreed), annotated delivery notes, exchanges with the carrier.
5. Quantify and claim
Value of the goods, repair or replacement, return and sorting costs. Bear in mind that the carrier's compensation is often capped by law or by contract: “ad valorem” insurance covers the actual value.
6. Delays and logistics
For a delay, you need to prove the agreed lead time (order confirmation, delivery appointment) and the loss suffered. For a logistics provider (warehousing, order picking), everything rests on the service contract and its indicators: service level, errors, lead times.
Good to know: this guide is for information only and does not replace legal advice tailored to your situation. If the stakes are high or proceedings are involved, consult a lawyer.