Can I refuse to sign for a delivery if the goods look damaged?
- 19.07.2026
We shipped equipment from overseas to New Zealand by sea and it arrived with visible damage to the packaging and the equipment. The freight forwarder and the shipping line are each pointing to the other. How do we work out who is responsible?
Liability depends on the contract of carriage and the applicable law. For international sea freight, liability is generally governed by the Carriage of Goods by Sea Act 1994, which incorporates the Hague-Visby Rules, setting out the carrier's responsibilities and limits of liability, and requiring claims to be made promptly, often with a one-year time limit from delivery. If a freight forwarder was engaged as your agent to arrange carriage, its liability may be limited to negligence in selecting a carrier, whereas if it contracted as principal, it may be directly responsible under the bill of lading terms. Check the bill of lading and any freight forwarder's terms and conditions for the applicable regime and time limits. Notify all parties in writing immediately, take photographs on arrival, keep the packaging and lodge a survey report, and notify your cargo insurer, since insurers often coordinate recovery efforts.
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