Claim for recovery in the event of excess temperature for pharmaceutical products

The sender loaded 800 kg of temperature-sensitive pharmaceutical products in five envirotainers (air cargo refrigerated containers with active temperature control). A German forwarding agent was used for transport from Austria to the USA. The air way bill covered the entire route. The US carrier accepted the consignment at the destination airport for further transport on a Friday. He decided to put the envirotainers in its own warehouse. The envirotainers were delivered to the carrier’s warehouse during a change of shifts. It was only established on the following Monday that the envirotainers had accidentally not been connected to the electrical mains supply. The pharmaceutical products suffered irreparable damage as a result.

BRANCH

Pharmaceutical industry

SERVICE

Recovery

YEAR

2017

„The recovery was around 20 times greater than the statutory limit on liability.“

Marc Friedrich
Managing Partner, Reck & Co.

Our Approach:

first, the contractual situation and the exact sequence of events during transport were analysed in detail. The analysis showed that the forwarding agent was responsible for the entire course of shipping, and that large distances were covered in Europe by lorries. The damage in the USA took place in the warehouse of the US carrier. This warehouse was outside the airport area.

The result:

we were able to recover much of the loss from the forwarding agent through an out-of-court Settlement. The statutory limit on liability was effectively pierced. In a further step we then proceeded against the US carrier, where we recovered a substantial part of the remaining amount. Unfortunately, the US carrier had no transport liability cover, so that payment by instalments had to be agreed, although this was fully settled. Overall the two recovery proceedings were very successful. The total recovered was around 20 times greater than the statutory limit on liability.

171

Years since the company’s formation

62

Staff

10738

Cases per year

INDIVIDUAL SOLUTIONS FOR PRINCIPALS

Reck & Co. draws on its comprehensive experience in the field of loss adjustment to offer you an optimal solution in the quickest and most straightforward way possible.

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