BILL OF LADING DISPUTE LETTER

FORMAL NOTICE OF CLAIM AND DEMAND

[LETTERHEAD]

[__/__/____]

VIA [☐ CERTIFIED MAIL, RETURN RECEIPT REQUESTED] [☐ EMAIL] [☐ COURIER]

[________________________________]
[________________________________]
[________________________________]
[________________________________]

Re: Notice of Claim - Bill of Lading No. [________________________________]
Vessel: M/V [________________________________]
Voyage: [________________________________] to [________________________________]
Cargo: [________________________________]

Dear [________________________________]:

We represent [________________________________] ("Claimant"), the [☐ shipper] [☐ consignee] [☐ holder] [☐ cargo owner] [☐ subrogated insurer] of the cargo described in the above-referenced bill of lading. We write to formally notify you of a claim and dispute arising from the referenced shipment.

I. BACKGROUND AND SHIPMENT DETAILS

The following shipment was made pursuant to the referenced Bill of Lading:

Cargo Description:

II. NATURE OF THE DISPUTE

This claim arises from the following issue(s):

☐ A. CARGO DAMAGE

Upon arrival at the port of discharge and/or final delivery, the cargo was found to be damaged as follows:

Description of Damage:
[________________________________]
[________________________________]
[________________________________]

Extent of Damage:
☐ Total loss
☐ Partial loss
☐ Damage to [____]% of shipment

Apparent Cause of Damage:
☐ Water/moisture damage
☐ Physical damage (crushing, breakage)
☐ Contamination
☐ Temperature deviation
☐ Improper stowage
☐ Inadequate packaging by carrier
☐ Rough handling
☐ [________________________________]

Survey Information:
A survey was conducted by [________________________________] on [__/__/____]. A copy of the survey report is enclosed.

☐ B. CARGO SHORTAGE / NON-DELIVERY

The cargo delivered was short of the quantity specified in the Bill of Lading:

☐ C. MISDELIVERY

The cargo was delivered to the wrong party or destination:

Intended Consignee: [________________________________]
Actual Delivery To: [________________________________]
Correct Destination: [________________________________]
Actual Destination: [________________________________]

Circumstances of Misdelivery:
[________________________________]
[________________________________]

☐ D. DELAY IN DELIVERY

The cargo was delivered significantly later than agreed or than reasonably expected:

Expected Delivery Date: [__/__/____]
Actual Delivery Date: [__/__/____]
Delay: [____] days

As a result of this delay, Claimant suffered the following damages:
[________________________________]
[________________________________]

☐ E. DISCREPANCY IN BILL OF LADING TERMS

The Bill of Lading contains errors or discrepancies:

Discrepancy Identified:
☐ Incorrect cargo description
☐ Incorrect quantity or weight
☐ Incorrect shipper/consignee information
☐ Unauthorized clauses or notations
☐ Failure to issue clean bill of lading when cargo was in good condition
☐ [________________________________]

Correct Information Should Be:
[________________________________]

☐ F. UNAUTHORIZED CHARGES / FREIGHT DISPUTE

☐ Overcharges on freight
☐ Unauthorized detention/demurrage charges
☐ Disputed terminal handling charges
☐ [________________________________]

Amount in Dispute: $[________________]

☐ G. OTHER DISPUTE

[________________________________]
[________________________________]
[________________________________]

III. TIMELY NOTICE OF CLAIM

This notice is provided in accordance with applicable law:

☐ COGSA Notice Requirements:
- For apparent damage: Notice at time of delivery
- For non-apparent damage: Written notice within 3 days of delivery
- This notice is provided within the required timeframe

☐ Bill of Lading Terms:
- Per Clause [____] of the Bill of Lading, notice must be provided within [____] days
- This notice is provided within the required timeframe

☐ Other: [________________________________]

IV. CARRIER'S LIABILITY

We assert that [☐ you] [☐ the carrier] [☐ the vessel owner] [☐ the NVOCC] is liable for this loss under the following grounds:

A. Breach of Contract of Carriage

The Bill of Lading constitutes a contract of carriage. By accepting the cargo, you undertook to deliver it in the same good order and condition as received. You have breached this contract by [________________________________].

B. Breach of Duties Under COGSA

Under COGSA Section 3(2), the carrier is obligated to "properly and carefully load, handle, stow, carry, keep, care for, and discharge the goods carried." You failed to meet this standard by [________________________________].

C. Failure to Exercise Due Diligence

Under COGSA Section 3(1), you were required to exercise due diligence before and at the beginning of the voyage to provide a seaworthy vessel and holds fit for the cargo. You failed to meet this obligation.

D. [Other Grounds]

[________________________________]

V. COGSA DEFENSES DO NOT APPLY

We assert that none of the seventeen (17) statutory defenses under COGSA Section 4(2) are applicable to relieve you of liability in this matter because:

☐ The damage was not caused by an error in navigation or management of the ship
☐ The damage was not caused by fire
☐ The damage was not caused by perils of the sea
☐ The damage was not caused by act of God
☐ The damage was not caused by act of war
☐ The damage was not caused by act of public enemies
☐ The damage was not caused by lawful seizure
☐ The damage was not caused by quarantine restrictions
☐ The damage was not caused by act or omission of shipper
☐ The damage was not caused by strikes or lockouts
☐ The damage was not caused by riots or civil commotions
☐ The damage was not caused by saving life or property at sea
☐ The damage was not caused by inherent vice
☐ The damage was not caused by insufficiency of packing
☐ The damage was not caused by insufficiency of marks
☐ The damage was not caused by latent defects not discoverable by due diligence
☐ The damage was not caused by any other cause arising without fault of the carrier

VI. DAMAGES CLAIMED

Claimant has suffered the following damages as a direct result of the above-described loss:

Supporting Documentation Enclosed:
☐ Commercial Invoice
☐ Bill of Lading
☐ Survey Report
☐ Photographs of Damage
☐ Packing List
☐ Certificate of Origin
☐ Delivery Receipt with Notations
☐ Correspondence
☐ [________________________________]

VII. COGSA $500 LIMITATION DOES NOT APPLY

☐ The shipment consisted of [____] packages, thus the applicable limitation would be $[________________]. However, Claimant declared a value of $[________________] on the Bill of Lading, thereby avoiding the per-package limitation.

☐ The limitation does not apply because the carrier [☐ waived the limitation] [☐ unreasonably deviated from the voyage] [☐ committed an intentional wrong] [☐ other: ________________].

☐ Alternatively, Claimant's damages of $[________________] are within the $500 per package limitation ($500 × [____] packages = $[________________]).

VIII. DEMAND FOR PAYMENT

Claimant hereby demands payment of the sum of $[________________] within [____] days of your receipt of this letter.

Payment should be made payable to [________________________________] and delivered to:

[________________________________]
[________________________________]
[________________________________]

IX. PRESERVATION OF EVIDENCE

You are hereby requested to preserve all evidence relating to this shipment, including but not limited to:

☐ The original Bill of Lading and shipping documents
☐ Stowage plans and cargo manifests
☐ Vessel logs and records
☐ Temperature/reefer logs (if applicable)
☐ Survey reports and photographs
☐ Crew statements
☐ Communications regarding this shipment
☐ Insurance documents
☐ [________________________________]

X. RESERVATION OF RIGHTS

Claimant reserves all rights and remedies under applicable law, including but not limited to:

☐ Filing suit in federal court under admiralty jurisdiction
☐ Asserting a maritime lien against the vessel
☐ Seeking arbitration as provided in the Bill of Lading
☐ Pursuing claims against all responsible parties
☐ Seeking pre-judgment interest
☐ Recovery of attorneys' fees where applicable

This letter is not intended to be, and shall not be construed as, a waiver of any rights or claims.

XI. STATUTE OF LIMITATIONS

Please be advised that COGSA provides a one-year statute of limitations for filing suit. 46 U.S.C. § 30701 note (COGSA § 3(6)). Claimant will pursue litigation if this matter is not resolved promptly.

XII. RESPONSE REQUESTED

Please respond to this notice within [____] days confirming:

☐ Your acceptance of liability and agreement to pay the claimed amount; OR

☐ Your basis for disputing this claim, with supporting documentation

All responses should be directed to the undersigned at the address/email below.

We look forward to your prompt response and an amicable resolution of this matter. However, be advised that Claimant will not hesitate to pursue all available legal remedies if necessary.

Very truly yours,

______________________________________
[Attorney Name]
[Law Firm Name]
[Address]
[City, State, ZIP]
Telephone: [________________________________]
Facsimile: [________________________________]
Email: [________________________________]

Attorney for [________________________________]

Enclosures:
☐ Bill of Lading (Copy)
☐ Commercial Invoice
☐ Survey Report
☐ Photographs
☐ Packing List
☐ [________________________________]

cc:
☐ [________________________________] (Marine Insurance Underwriter)
☐ [________________________________] (P&I Club)
☐ [________________________________]

IMPORTANT DEADLINES

SOURCES AND REFERENCES

• COGSA (46 U.S.C. § 30701 note): https://www.law.cornell.edu/uscode/text/46/30701
• Federal Bills of Lading Act: https://www.law.cornell.edu/uscode/text/49/subtitle-X/chapter-801
• Understanding Cargo Claims: https://www.maritimeinjurycenter.com