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Notice of loss on delivery (protest against the carrier)

Its 5 cross-references, woven across the glossary's 18 categories

The formality by which the consignee notifies the carrier, within a very short time, of loss or damage found; without it, the action against a domestic road carrier is extinguished under French law.

Definition

Taking delivery of goods without reservation creates a presumption that they were delivered in good condition. To preserve recourse, the consignee must make precise, reasoned reservations describing the nature and extent of the damage, not a vague note such as subject to unpacking. In French domestic road transport, Article L. 133-3 of the Commercial Code goes further: receipt extinguishes any action against the carrier unless, within three days, public holidays excluded, the consignee notifies it of a reasoned protest by bailiff's writ or registered letter. International conventions provide similar but less severe regimes: the CMR creates only a presumption, and allows seven days for non-apparent damage. For the cargo insurer, the formality is vital: the indemnity it pays is recoverable by subrogation only if the insured preserved the recourse.

Example

A distributor that receives a damaged pallet of screens on a Monday in March 2025, delivered by a road carrier between Lyon and Lille, must send a reasoned protest by registered letter no later than the following Thursday, or its insurer loses all recourse.

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