An importer in Réunion opens a container of 1,200 cartons of telephones, seals intact: 300 are missing. The carrier relies on the “said to contain” clause and on the integrity of the seals: the theft, if there was one, took place before the container was handed over.
What the bill of lading proves
The bill of lading describes the goods: marks, number of packages, weight, apparent condition. It is presumptive evidence of receipt by the carrier of the goods as described in it; as against a third-party holder in good faith, proof to the contrary is no longer admissible (Article L. 5422-3 of the French Transport Code; Hague-Visby Rules, Article III, Rule 4).
A container sealed by the shipper raises an obvious difficulty: the carrier has not seen what it contained. Hence the “said to contain” or “shipper’s load, stow and count” clauses. They indicate that the particulars relating to the contents come from the shipper and could not be checked. Their effect on the presumption lies at the heart of the dispute.
Intact seals
A container arriving with its original seals intact, and with a consistent weight, suggests that the shortage already existed at the time of packing. A difference between the weight recorded at departure and the weight recorded on arrival, or a seal different from the one stated in the bill of lading, suggests the opposite. Seal numbers, verified gross masses and equipment interchange reports are therefore the first documents to gather.
The limit of liability
Where the carrier is liable, the limit is calculated per package or per kilogram, whichever is the higher (Article L. 5422-13 of the Transport Code). If the bill of lading enumerates the packages contained in the container, each counts as a package; otherwise, the container itself counts as one (Hague-Visby Rules, Article IV, Rule 5(c)). Stating “1,200 cartons” rather than “1 container” makes a considerable difference to the compensation.
What the firm checks first
- The particulars in the bill of lading: number of packages, STC clauses.
- The seal numbers at departure and on arrival.
- The verified gross masses and the weights recorded on arrival.
- The reservations and the date of delivery.
- Any recourse against the seller or the packer.
For the firm’s services, see Carrier liability and Bills of lading.
Further reading
- False container weight (VGM): the shipper’s liability
- Door-to-door multimodal transport: damage whose location is unknown
- Damaged or lost container: who is liable, and how long to bring a claim?
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Does the “said to contain” clause exonerate the carrier?
It signals that the contents were not checked; its effect on the presumption is open to debate depending on the circumstances, in particular the condition of the seals and the weight.
How is the limit calculated for a container?
Each package enumerated in the bill of lading counts as a package; failing that, the container counts as one (Hague-Visby Rules, Article IV, Rule 5(c)).
Seals intact: against whom should the claim be brought?
Often against the seller or the packer, depending on the sale contract, in parallel with the claim against the carrier.