SAMPLE COMPANY Page 1 of 2 SOP # 15-3 Revision: 0 Prepared by: _ Effective Date: Approved by: _ Title: SHIPPING AND FREIGHT CLAIMS Policy: The company will always strive to minimize damages to goods from shipping and to recover full amounts possible for any losses incurred by shipping damage or loss of goods as allowed by the Interstate Commerce Act. Purpose: To institute the methods to be followed for shipping and filing freight claims. Scope: This procedure applies to all goods shipped and received by domestic motor and rail common carriers. Definitions: INTERSTATE COMMERCE ACT - The liability of domestic motor and rail common carriers for freight loss or damage to interstate shipments of regulated commodities are governed by the Interstate Commerce Act. The act provides that such a carrier may be liable for the full, actual loss of shipments tendered to it for transport if the claimant can establish the following: 1. That the shipment was tendered to the carrier at origin in good condition. 2. That the shipment was delivered at destination in damaged condition. 3. Substantiate the amount of damage. Since many times a shipment can be moved from origin to destination by a number of connecting carriers, it can be virtually impossible for a claimant to establish where in the chain of transport the damage occurred. Therefore, a claimant can assert its claim against either the originating or delivering carrier. A carrier may avoid liability for lost or damaged freight if the claimant does not file a written claim within nine months after the shipment is delivered. Further, if a claim is denied by the carrier, the claimant must initiate legal action within two years after declination of the claim. BILL OF LADING - A written acknowledgement by the carrier of the receipt of goods to be transported to a designated place and delivery to a named person or to his or her order. Before accepting goods for transport, the carrier is required to issue a bill of lading. SHIPPING AND FREIGHT CLAIMS Page 2 of 2 This document contains important provisions governing the carrier's liability for damage and for the processing of damage claims. For example, the bill of lading can contain a released valuation provision which limits a carrier's liability on the basis of the value of the shipment as released to the carrier. Many carrier tariffs also provide that a shipper's failure to declare a value for the shipment will be deemed to limit the carrier's liability to the lowest released value contained in the tariff. Procedures: 1.0 Shipping 1.1 Prior to shipment, the shipping department will ensure that the product is properly packaged and loaded. For high dollar items, obtain the originating carrier's inspection and approval of these processes if possible. 1.2 Document accurate records of the condition of the product when tendered to the originating carrier since the bill of lading acknowledgement that the shipment was received by the carrier in good condition only applies to products which are open to inspection by the carrier. 1.3 Inspect all shipping documentation, noting any provisions serving to limit the carrier's liability. Specifically inquire as to whether the freight rate is dependent on the value of the shipment to be transported or whether a value will be imputed if no declaration is made. If so, a value sufficient to cover our potential loss should be declared. 2.0 Receiving 2.1 Inspect all shipments received immediately. Require the delivering carrier to describe and note any damage on the delivery receipt. Take photographs of the damage. If the damage is extensive, consider rejecting the shipment or hiring an independent inspector to evaluate the extent and cause of the damage. 3.0 Claims Procedures 3.1 For damaged goods, send written claim to the delivering carrier as soon as possible and request an inspection report. For concealed damage claims (damage not apparent on delivery), claims should be filed within 15 days after the shipment is received. 3.2 For non-delivery or shortage of goods, Send a letter to carrier requesting proof of delivery. File claim after thirty days if no answer or notification of loss is received from the carrier.