The claim - is:
- demand for voluntary settlement of a dispute relating to infringement of contractual obligations;
- a form of pre-trial implementation of economic and legal responsibility.
The scope of coverage and carrier liability in the event of late delivery, lack, loss or damage to goods regulated:
- for domestic traffic, The Economic Code of Ukraine, the Civil Code of Ukraine, the Resolution of the Council of Ministers of the Ukrainian SSR dated 27.06.1969, No 401 "On the Charter of the Automobile Transport of the Ukrainian SSR", the Rules of Cargo Transportation by Road in Ukraine approved by the Order of the Ministry of Transport of Ukraine dated 14.10.1997 No 363, the Instruction Derzharbitrazhu USSR on acceptance of the production and technical purpose and consumer goods in quantity No P-6 and quality No P-7;
- for international transportation: Economic Code of Ukraine, Civil Code of Ukraine, CMR, Convention on the Contract for the International Carriage of Goods by Road of 19.05.1956.
Importantly! In accordance with the requirement of p. 15.3 of the Rules of Cargo Transportation by Road in Ukraine registered by the Ministry of Justice of Ukraine on 20.02.1998 № 128/2568 acts must be signed by the representative of the carrier and consignor (consignee). Unilateral records in the act of both consignor (consignee) and driver are considered invalid. In accordance with the requirement of part 5 of Art. 222 of the Civil Code of Ukraine the claim should be signed only by an authorized person of the enterprise.
Importantly! Drafting an act of damage/lack/loss in the presence of the driver does not guarantee the compensation, but only provides grounds for a claim by the carrier.
Claims to be added the following documents: *
- For internal Ukrainian distribution
1. THP or a duly certified copy;
2. Act on differences or by his duly certified copy;
3. Tax invoices, packing lists, etc;
4. The amount of the claim;
5. Photo of cargo damage.
- For international distribution
1. CMR or its duly certified copy;
2. Act on differences or by his duly certified copy;
3. Invoices and other documents proving the value of the goods and the amount of damage;
4. The amount of the claim;
5. Photo damaged goods;
6. Conclusion TTP or other independent organization.
* Open Company "Raben Ukraine" reserves the right to require additional documents to determine the causes and circumstances of the loss.
Official complaint must be addressed of "Raben Ukraine" with a package of documents to the postal address: street. 150 Brovary, United Dymerka village, Brovary district, Kyiv region, 07442.
The claim the carrier may not be a reason for late payment forwarding services!
The claim shall be filed against the culprit within the terms established by law.
Importantly! In case of violation of the term of a claim of "Raben Ukraine" has the right to refuse to pay compensation. Please follow the deadlines.
Timely processing of documents ensures expeditious claims!
The answer to the claim occurs within 30 calendar days from the date of receipt of the full set of documents/last document and explanations on this case and circumstances of its occurrence.
Result consider claims – its payment or denial. In case of partial payment or denial of "Raben Ukraine" sent an official response to the report by registered mail to the address specified in the details Pretenziata. THP original act and the damage returned.
In case of disagreement with the refusal or partial payment pretenziat may apply to the Commercial Court to resolve the dispute.
The claim, signed by an unauthorized person or does not comply with current legislation of Ukraine, can not be considered.
Form of claims like an instrument of disagreements and information for publication can be downloaded here: