Short answer: if a container arrives smelling of mould, showing water, or warmer than it should be, do not unstuff it yet. Keep the doors as they are, note the problem in writing to the carrier before or at delivery, tell your insurer or the claims agent named on the certificate, and ask for a surveyor. Photograph the seal and the closed doors, then unstuff under survey, layer by layer, recording where each damaged package sat. A cargo damage claim is usually won or lost on that evidence, and unstuffing is the one step that cannot be repeated.
This guide covers the evidence sequence at destination. Insurance cover levels and stuffing at origin are covered in separate guides: marine cargo insurance for food shipments, and container stuffing for bagged and cartoned food.
Why the order of steps decides the claim
Water through a damaged roof or door, condensation from the cargo and packaging, a refrigeration failure and produce packed too moist each point to a different party. The carrier, insurer and seller will all ask where the damage sat in the container and what the unit looked like before anyone touched it. Once the pallets are on the warehouse floor, nobody can answer.
| Step | When | Evidence it preserves | Reversible? |
|---|---|---|---|
| 1. Stop | On arrival | Unit as delivered | Yes |
| 2. Notify | Before or at removal of goods | Rights against carrier, insurer, seller | Yes |
| 3. Photograph seal and doors | Before the seal is cut | Seal integrity, exterior | Yes |
| 4. Appoint surveyor | Same day where possible | Independent record | Yes |
| 5. Controlled unstuffing | Under survey where value justifies it | Damage position and pattern | No |
| 6. Sampling | During unstuffing | Cause and extent | Partly |
| 7. Record conditions | During unstuffing | Moisture, temperature, container state | Partly |
| 8. Build the file | Following days | Proof of loss and amount | Yes |
1. Stop: what not to do in the first ten minutes
- Do not sign a clean delivery receipt. Under the Hague-Visby Rules as enacted in the UK, removal of the goods without notice is prima facie evidence that the carrier delivered them as described in the bill of lading (UK legislation, COGSA 1971 Schedule, Art. III r.6). Write what you see on the receipt: seal number, visible damage, odour, water.
- Do not cut the seal before you have photographed it.
- Do not walk straight in. The CTU Code warns that the atmosphere in a unit may be dangerous and that it should be ventilated before entry, and that doors should be opened with caution because cargo might fall out (CTU Code 2014, s. 3.7). Look for fumigation warning marks on the doors first.
- Do not start sorting before positions are recorded.
- Do not throw anything away: seal, dunnage, liners, desiccant bags, wet cartons.
2. Notify: carrier, insurer, surveyor, supplier
Notify in writing and keep proof of sending.
Insurer or claims agent first, in practice, because they may appoint the surveyor. Cargo clauses such as the Institute Cargo Clauses (A) 2009 require the assured to minimise the loss, preserve rights against carriers and act with reasonable despatch, but fix no number of days; your policy may (LMA/IUA, Institute Cargo Clauses (A) 2009, insurer-hosted copy).
Carrier, before or at removal of the goods, with an invitation to attend the survey. The Hague-Visby Rules require both sides to give reasonable facilities for inspecting and tallying goods, and written notice is not needed if the goods were jointly surveyed at receipt (UK legislation, COGSA 1971 Schedule, Art. III r.6).
Supplier, under the sales contract, whose notice period for quality claims may be shorter than the carrier's.
Haulier and terminal. While the container waits for a surveyor, charges may run; see demurrage and detention explained.
Notice periods are not one number:
| Regime or document | Notice of loss or damage | Time limit for suit |
|---|---|---|
| Hague-Visby Rules (UK enactment) | In writing before or at removal; within three days if damage is not apparent | One year from delivery, extendable by agreement after the cause of action arises |
| Hamburg Rules | Not later than the working day after handover; 15 consecutive days if not apparent | Two years |
| Cargo policy | As the policy states; the ICC (A) 2009 clauses consulted require reasonable despatch, not a fixed number of days | As the policy and governing law state |
| Sales contract | As the contract states | As the contract and governing law state |
Sources: UK legislation, COGSA 1971 Schedule, Art. III r.6 and Art. X; UNCITRAL, Hamburg Rules, Art. 19 and 20. The Hague-Visby Rules apply where their scope provision or national law makes them compulsory, or where the bill of lading incorporates them; other regimes and inland carrier terms differ. Check the terms of your bill of lading and ask the insurer or a claims lawyer which periods apply.
3. Photograph the intact seal and the closed doors
Before anything opens, take a dated sequence tied to this unit:
- Container number on the doors.
- The seal in place, number legible, with close-ups of the locking bar.
- Closed doors, gaskets, hinges, and any dents, holes, rust trails or water marks.
- The seal number against the documents. The CTU Code asks the receiver to check that unit and seal numbers match the transport documents and to check the exterior for leakage or infestation (CTU Code 2014, s. 3.7).
- The seal cut with proper equipment, then kept in a labelled bag.
- The first view with doors open, before anything moves.
A seal mismatch changes the claim; record it in the notice. Which documents carry the seal number is set out in the document set behind one shipment.
4. Getting a surveyor appointed
Lloyd's describes its agency network as providing 24-hour, year-round independent marine surveying and claims adjusting, with more than 230 Lloyd's Agents covering major ports; Lloyd's List Intelligence has managed the network since 1 April 2026 (Lloyd's, Lloyd's Agency Network). Your insurer may nominate its own surveyor; follow the certificate.
Holding the container for survey is a value judgement. For limited, obvious damage on a low-value unit, a thorough photographic record may be enough if the insurer agrees. Where the damage pattern will decide who pays, unstuffing under survey is usually worth the waiting cost. Get the insurer's answer in writing.
5. Controlled unstuffing: layer by layer, position recorded
Agree a grid first: rows numbered from the doors (row 1) to the front wall, positions left, centre and right. Then:
- Photograph each row as it is exposed, with a card showing the row number.
- Record every package as it is removed, with markings and damage, as the CTU Code advises (CTU Code 2014, s. 3.7).
- Note the tier: top, middle or bottom.
- Keep damaged and sound goods apart, labelled with position.
- Photograph the empty unit: roof, walls, floor, gaskets, and a view from inside with doors closed to show daylight through any holes.
Different causes leave different marks. Container sweat, often called container rain, forms on walls and roof as the steel cools; the GDV Container Handbook, published by the German insurers' association, notes that roof sweat drips directly onto the cargo and is the greater risk (GDV, Container Handbook 10.3.5.1). Cargo sweat forms on the cargo itself when warmer, moister outside air reaches it (GDV, Container Handbook 10.3.5). Water through a hole tends to follow the hole; moisture packed in with the product tends to show throughout the load. These are indicators for the surveyor, not conclusions: describe what you see, and do not write a cause into the notice.
6. Sampling, sealed and witnessed
Samples answer what photographs cannot: moisture content, mould type, and whether sound-looking cartons are within specification. Let the surveyor set the method, and in general:
- Sample damaged positions and apparently sound positions elsewhere in the load.
- Seal and label each sample with container, row, tier and date, witnessed by the surveyor and any carrier representative.
- Make a set for each interested party plus one retained set, with a written chain of custody.
Find the pre-shipment samples and certificates from origin now; they are the comparison point.
7. Recording conditions, container and packing materials
Record, with time:
- Ambient: outside temperature and weather at opening.
- Cargo: moisture or humidity readings if available, and product temperature at several positions. The CTU Code treats relative humidity of 75% or more as an increasing risk of mould on organic cargo (CTU Code 2014, ch. 2).
- Container: holes, repairs, gaskets, floor, odour.
- Liners and desiccants: type, number, position and whether saturated; photograph and keep them.
- Refrigerated units: set point, displayed supply and return air temperatures, and alarms. Reefer controllers log temperatures, alarms and pre-trip inspection results, and the data can be downloaded (West of England P&I Club, carriage of reefer containers). Request the download in writing before the unit is returned. For perishables by air, see chilled lamb by air.
8. Building the file
A law-firm checklist for cargo recoveries lists the bill of lading front and back, evidence of condition before loading, a survey report, the invoice or sound market value, notice of loss to the carrier, and salvage or sorting costs. Temperature claims add pre-trip inspection, container movement and data logger records; wetting or mould claims add pre-loading surveys, quality certificates and ventilation records (Clyde & Co, cargo recovery evidence, 2021).
Add the seal photographs, the row-by-row photo log, the tally, sample records, any origin stuffing report, and every notice with proof of sending. Diary the carrier time limit on day one.
Worked example: mould at the door end
Hypothetical teaching example. The consignment, parties and figures are invented, in currency units (CU). No real or Maqboola transaction is represented.
A buyer receives a 40-foot dry container of whole cumin seed: 20 pallets of 60 cartons, 12.5 kg each. That is 1,200 cartons and 15,000 kg at 4.00 CU per kg: 60,000 CU, or 50 CU per carton. Seeing mould near the doors, the buyer stops, notifies and waits for a surveyor.
Unstuffing under survey shows mould only on the top two layers (10 cartons each) of the four pallets in rows 1 and 2: 80 cartons, with staining on 40 more on the same pallets. The roof above shows drip marks; gaskets are intact and no daylight shows through. Witnessed samples from sound rows test within the contract moisture limit.
| Item | Calculation | CU |
|---|---|---|
| Mouldy cartons, total loss | 80 × 50 | 4,000 |
| Stained cartons, sold at a 40% discount | 40 × 50 × 40% | 800 |
| Loss on goods | 4,800 | |
| Survey fee (invented) | 450 | |
| Sorting and repacking (invented) | 300 | |
| Total claimed | 5,550 |
The affected cartons are 120 of 1,200, or 10%; the loss on goods is 8% of invoice value.
What the pattern points to. Top-tier damage at the door end, under roof drip marks, with sound product elsewhere, is consistent with container sweat, not with seed packed too moist. That points to transit conditions: a question for the cargo insurer on its policy terms and, depending on the unit's condition, the carrier. A carrier may still argue inherent defect or insufficient packing, both Hague-Visby exceptions (UK legislation, COGSA 1971 Schedule, Art. IV r.2), so the origin stuffing record matters too.
The other outcome. Had mould run through the load, including mid-pallet cartons at the front wall, and had sound-looking samples failed the moisture limit, the pattern would point to a pre-shipment quality failure and a claim against the seller. Without the row-by-row record, the buyer could show neither.
Common mistakes
- Signing a clean receipt because the haulier is in a hurry.
- Cutting the seal before photographing it, or discarding it.
- Unstuffing and sorting before the surveyor arrives, with no positions recorded.
- Writing a cause ("condensation") in the notice instead of what is visible.
- Sampling only damaged cartons, unsealed and unwitnessed.
- Returning a reefer before requesting its temperature log.
Limits and what to recheck
Notice periods depend on the transport document, governing law, policy and sales contract; the figures above are examples, not a rule for your shipment. The Institute clauses cited are one 2009 wording. The published CTU Code remains the non-mandatory 2014 edition, while formal revision work was active in 2026 (IMO, CTU Code). Check the current text for the transaction. For a disputed or high-value claim, take advice from a marine surveyor, your insurer and a cargo claims lawyer before settling.
FAQ
How long do I have to make a cargo damage claim against the carrier? It depends on the regime. Under the Hague-Visby Rules as enacted in the UK, notice is due at removal or within three days if damage is not apparent, and suit within one year of delivery unless extended by agreement. Other regimes and contracts differ.
What is the difference between container sweat and cargo sweat? Container sweat is condensation on the container's walls and roof as they cool; roof drips can wet the top of the cargo. Cargo sweat forms on the cargo itself when warmer, moister air reaches cooler goods.
Should I refuse delivery of a damaged container? Not without advice: refusal can leave goods uncontrolled and charges running. Take delivery with written reservations, notify, and ask your insurer or a claims lawyer.
Next step
Before the seal is cut, open a claim-evidence log. Record the delivery reservation, container and seal numbers, the recipients and timestamps of every notice, photographs in numbered order, survey instructions, sample custody and a diary entry for every contractual or statutory limit. Ask the insurer or a cargo claims lawyer to confirm the applicable deadline in writing.
Resources
- UK legislation (The National Archives) — Carriage of Goods by Sea Act 1971, Schedule (Hague-Visby Rules) — https://www.legislation.gov.uk/ukpga/1971/19/schedule (rechecked 18 October 2026; current fetch unavailable, previously verified provisions retained)
- UNCITRAL — United Nations Convention on the Carriage of Goods by Sea, 1978 (Hamburg Rules) — https://uncitral.un.org/sites/uncitral.un.org/files/media-documents/uncitral/en/hamburg_rules_e.pdf (status page rechecked 18 October 2026; previously verified provisions retained)
- LMA and IUA — Institute Cargo Clauses (A) CL382, 2009 (insurer-hosted copy) — https://www.if-insurance.com/globalassets/industrial/files/marine-cargo/institute-clauses/institute-cargo-clauses-a-2009.pdf (rechecked 18 October 2026; host returned an access error, previously verified wording retained)
- Lloyd's — Lloyd's Agency Network — https://www.lloyds.com/resources-and-services/lloyds-agency-network (accessed 18 October 2026)
- IMO — Code of Practice for Packing of Cargo Transport Units (CTU Code) — https://www.imo.org/en/OurWork/Safety/Pages/CTU-Code.aspx (accessed 18 October 2026)
- IMO/ILO/UNECE — CTU Code 2014 (ILO-hosted PDF) — https://www.ilo.org/sites/default/files/wcmsp5/groups/public/@ed_dialogue/@sector/documents/publication/wcms_492710.pdf (rechecked 18 October 2026; 2014 edition retained while formal revision work continues)
- GDV — Container Handbook, section 10.3.5 — https://www.containerhandbuch.de/chb_e/scha/scha_10_03_05.html (accessed 23 September 2026)
- GDV — Container Handbook, section 10.3.5.1 — https://www.containerhandbuch.de/chb_e/scha/scha_10_03_05_01.html (accessed 23 September 2026)
- West of England P&I Club — The Carriage of Reefer Containers — https://www.westpandi.com/news-and-resources/loss-prevention-bulletins/the-carriage-of-reefer-containers/ (accessed 23 September 2026)
- Clyde & Co — Think Recoveries: the key documents needed (2021) — https://www.clydeco.com/en/insights-archive/2021/03/think-recoveries-don-t-forget-the-evidence-the-key (accessed 23 September 2026)
