When we talk about cargo arrival notification, one contentious issue has been raging for years for both carriers and customers..
Back in 2012, I took a deep dive into the question of whether a carrier is liable if they didn’t send the cargo arrival notification to the /notify..
Fast forward to 2024, the rise of real-time tracking platforms, IoT service providers, and smart containers has changed the visibility landscape dramatically putting the power in the hands of the customer..
Today, customers have unprecedented access to their cargo’s whereabouts, courtesy of carrier portals and independent tracking providers giving rise to the question of whether carriers are still the gatekeepers of this crucial cargo arrival information or whether technology has made this requirement redundant..??
The new question to the customer is, “In this era of real-time track and trace, do you still rely on carriers for arrival updates, or do you have a trusted alternative at your fingertips..?? If so, what is your most trusted and go-to source of information..??“
Take this quick poll and add your comment in the comments column at the end of this article if you have any additional information..
As we know, the bill of lading has the Consigneeand Notify fields, the details of which are /updated by the shipper or booking party to the carrier as part of the bill of lading instructions..
The Consignee field will have the name and address details of the actual owner, buyer, end user, bank, freight forwarder, or agent or it could just say “To Order” depending on the type of bill of lading that is issued..
Being named the consignee on the bill of lading comes with the risk and responsibility of being held accountable for many issues such as non-clearance of cargoes, late clearance, cargo abandonment, claims etc..
The Notify field on the other hand may be the details of the entity who should be notified of the arrival of the cargo.. This could be the actual buyer or receiver of the goods, clearing and forwarding agent, trader, or agent..The Cargo Arrival Notification is sent to this notify party..
The /agents at a port of discharge usually follow the above information provided by the shipper and send out Arrival Notificationsto the Consignee /or Notify..
So in terms of the question “Is a carrier liable for any costs if they don’t send the arrival notification for import cargo..??” the answer from the carrier’s perspective, would be that “they are not liable”..
From a carrier’s perspective, they only send an arrival notification as a “service to the customer” and are not obligated to do so legally.. This is displayed clearly in most bills of lading, usually next to the Notify Party field like the below example from a Hapag Lloyd bill of lading..
Image : Hapag Lloyd Bill of Lading
The relevant clauses can be found on the reverse of the bill of lading (Terms and Conditions)..
20. Notification and Delivery (Hapag Lloyd)
(1) Any failure to give notification of the arrival of the goods shall not involve the Carrier in anyliability nor relieve the Merchant of any obligation hereunder.
or
22. Notification, Discharge and Delivery (Maersk)
22.1 Any mention in this bill of lading of parties to be notified of the arrival of the Goods is solely for information of the Carrier. Failure to give such notification shall not involve the Carrier in any liability nor relieve the Merchant of any obligation hereunder.
As per the carrier, the ultimate customer or their agents have the responsibility to track and follow up on their shipment..
The new question therefore is, in this era of real-time track and trace, do you still rely on carriers for arrival updates..?? Or do you have a trusted technological alternative at your fingertips..??
