Claim procedures to CX / KA
Procedures in the event of lost or damaged cargo for which the carrier (CX / KA) may be liable:-
1. Try every best effort to locate the missing shipment through any channels. In the event of damage which may involve a claim, you should give immediate notice in writing to local CX / KA office or its ground handling agent of such loss or damage and a Survey Report with photo of the damaged shipment is required within 14 days of the date of arrival of aircraft.
2. To obtain the Missing Baggage Property Irregularity Report (“PIR”) or official letter from CX / KA cargo department at final destination confirming the loss or damage.
3. To enable the claim to be dealt with promptly, the courier freight charges must be settled between claimant, Linex station and CX / KA before we can process the claim. Linex station should ask claimant to submit all available supporting documents without delay, including the followings:-
a) Copy of Linex or RPX Airway Bill (“AWB”);
b) Official claim letter from claimant;
c) Copy of shipping invoices, together with shipping specification and / or weight notes;
d) Final settlement letter from claimant (please refer to point 5 below for further details);
e) PIR;
f) Survey report or other documentary evidence, e.g. photos to show the extent of the loss or damage;
g) Correspondence exchange (letter or email) with Linex origin, transit, destination station office and CX / KA tracing department regarding the tracing result.
4. To compensate the claim in accordance with the conditions of carriage printed on reverse side of the Linex or RPX AWB and in accordance with the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed in Warsaw on 12 October 1929 (the “Warsaw Convention”).
5. Please note that for whatever reason of loss or damage and for whatever declared value of the goods lost or damaged, CX / KA will only compensate according to the lower of declared value or SDR 19 per kilogram. In connection to this, please ask the claimant to fill in the attached final settlement letter under the claimant’s company letterhead using the above-mentioned basis.
6. Any amount that is compensated to the claimant more than that is stated in point 5 above will be at the sole discretion of local Linex station manager and should only be treated as goodwill to the claimant with adequate commercial ground and reasons to justify. A separate credit note should be issued to the claimant locally for the excess amount of compensation given to the claimant and should not be included in the claim to CX / KA.
7. To submit all supporting documents stated in point 3 above with a copy of Courier Accounting Document (“CAD”) to Linex HKG (Attention to Ms. Novem Mak / Accounts department, email: novem.mak@linexsolutions.com) and she will then issue the formal claim against CX / KA head office in HKG.
8. Any action in court to claim against CX / KA for any loss or damage must be brought within two years from the date of arrival of aircraft.
Remark: Claim will not be considered by CX / KA if Linex station fails to follow the procedures and submit the above-mentioned documents. CX / KA also requires Linex to centralize all claims in head office level to submit, so any claim raised to local CX / KA office will not be entertained.