Cargo Leakage

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📖 Detailed Explanation

Cargo Leakage refers to the phenomenon in international trade transportation, loading/unloading, or warehousing where, due to packaging damage, poor container sealing, improper handling, or the inherent characteristics of the goods, liquid, gas, or powdered cargo seeps or escapes from its packaging. This term is commonly found in marine, air, and land transport insurance, bill of lading remarks, inspection reports, and claim documents. Usage scenarios include: the carrier making remarks on the bill of lading regarding leaking cargo to avoid liability; the consignee claiming compensation from the insurance company or carrier based on an inspection report; the buyer and seller agreeing on leakage rate and liability allocation in the contract. Notes: Leakage differs from 'Shortage', which emphasizes a shortage in quantity and may be caused by leakage, theft, evaporation, etc.; leakage also differs from 'Damage', which focuses on physical damage to packaging or goods, while leakage is the outflow of contents. In practice, distinguish 'Seepage' from 'Leakage': the former refers to slow oozing, the latter may refer to substantial loss. Additionally, leakage may constitute an 'Inherent Vice', for which the carrier may be exempt from liability, so the scope of coverage should be clearly defined when insuring.

📝 Examples

1. Bill of lading remark: Due to cargo leakage from drums of solvent in Container No. 3, the carrier remarked on the bill of lading 'Cargo leakage observed, carrier not responsible for resulting shortage' to avoid subsequent claims. (Note: The carrier exempts itself from liability for shortage caused by leakage through this remark.) 2. Insurance claim: The consignee submitted an inspection report stating 'about 15% of the cargo was found leaked upon arrival at port, caused by cracked welds on packaging drums', and claimed cleaning costs and cargo losses from the insurance company accordingly. (Note: The consignee asserts compensation from the insurance company based on the inspection report and leakage percentage.)

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