A family posted to Nouméa entrusted its furniture to an international removal company. Six weeks later the container arrives: an antique sideboard split, boxes of crockery crushed, a painting missing. The remover offers a flat-rate indemnity per kilogram.
Who is liable, and on what basis
A remover that collects the furniture from the home, packs it, chooses the shipping line and delivers at destination is organising carriage from end to end. Where it subcontracts the sea carriage and freely chooses the line, it may be characterised as a freight forwarder acting as principal (commissionnaire de transport): it guarantees against damage or loss, save as otherwise agreed or in case of force majeure (Article L. 132-5 of the Commercial Code), and is answerable for the carriers it selected (Article L. 132-6). The client need not prove fault or localise the damage. The Commercial Code further subjects removal companies to the rules governing carriers wherever the service includes carriage (Article L. 133-9): the remover guarantees against loss and damage, save for inherent vice or force majeure (Article L. 133-1).
The declared value
The declaration of value, item by item for valuable objects, determines the amount of compensation. A valued inventory signed at departure is the best protection. Undeclared items often fall under a flat rate per kilogram or per cubic metre provided for in the standard conditions.
Limitation clauses and consumers
An individual who is moving house is a consumer. In a contract concluded with a professional, clauses that create a significant imbalance between the parties’ rights and obligations are unfair and deemed not written (Article L. 212-1 of the French Consumer Code). A derisory limitation, bearing no relation to the declared value, may be challenged on that basis.
Notice of loss and time limits
On delivery, reservations must be specific: item by item, box by box, with photographs. For removals, the Consumer Code departs from the commercial regime governing protests: the consumer has ten full calendar days from receipt to notify a reasoned protest by registered letter, extended to three months if the consumer was not informed of the procedure (Consumer Code, Article L. 224-63). A delivery note signed “without reservations” remains a handicap. The claim is time-barred after one year: the rules governing carriers, including the time bar, apply to the remover wherever the contract includes carriage (Commercial Code, Articles L. 133-9 and L. 133-6).
What the firm checks first
- The removal contract, the inventory and the declared value.
- The standard conditions and their limitations.
- The reservations on delivery and the consumer’s protest period.
- The remover’s capacity: commissionnaire or mere agent.
- The one-year time limit.
For the firm’s services, see Liability of the sea carrier.
Further reading
- Car shipped by ro-ro to the French overseas territories or Africa: damaged on arrival
- Freight forwarder, forwarding agent, NVOCC: whom to sue after cargo damage?
- One-year time limit against the sea carrier: interrupting, extending, seeking recourse
This analysis is part of the firm’s work in maritime law.
Frequently asked questions
Is the remover liable for breakage during the sea carriage?
If it organised the carriage by choosing the line, it may be held liable as a commissionnaire, answerable for the carriers it selected (Commercial Code, Articles L. 132-5 and L. 132-6).
Can a flat-rate indemnity per kilogram be enforced?
It may be challenged if it creates a significant imbalance to the consumer’s detriment (Consumer Code, Article L. 212-1), especially where a value has been declared.
What is the time limit for bringing a claim?
One year (Commercial Code, Article L. 133-6, applied to removals by Article L. 133-9). The protest, however, must be notified within ten days of receipt (Consumer Code, Article L. 224-63).