Filing a Claim
Only the shipper, consignee or third party who has claim or title to the goods may file a claim. To file a claim please visit https://www.herculesfreight.com/Forms/ClaimsForm and complete the form provided. Please note, all required information will be marked with a red asterisk and will need to be completed in order to successfully submit the claim form.
The bill of lading contract specifies that we must receive a claim within nine months after the delivery of property or, in the case of nondelivery, within nine months after a reasonable time for delivery has elapsed. Shipments originating in Canada are subject to these Canadian Bill of Lading Contract Terms and Conditions: Notice of loss or damage must state the origin, destination, date of shipment and estimated amount of the claim. Notice of claim must be given in writing to the originating carrier or the delivering carrier within 60 days after delivery or, in the case of nondelivery, within 9 months of the shipment date. A final claim statement must be filed with a copy of the paid bill within nine months of the shipment date.
You must provide: A claim statement, indicating the merchandise that was lost or damaged and how the amount of the claim was determined. A bill of lading or copy of the delivery receipt proving that Hercules transported the goods. A delivery receipt with loss or damaged notated on it. An invoice or other document establishing your cost for the lost or damaged goods or an invoice for repairs made to restore the merchandise to its original condition. The following documents by themselves are insufficient to file a claim: Bad order reports Appraisal reports Notations of exceptions on delivery receipts Inspection reports or requests Proof of delivery requests
Our Handling of Your Claim
After we have received your claim with the proper documentation, we will acknowledge its receipt.The freight invoice must be paid prior to the opening of your claim file, and from initiation of the file we attempt to settle the claim within 30 days. Investigating some claims may take longer. If your claim cannot be settled within 120 days Hercules will notify you immediately regarding what you can do to conclude your claim. Hercules will keep you informed at 60 day intervals should this be the case. If a delay occurs we thank you in advance for your understanding. Should you feel the delay is excessive please contact us at 800.621.8723. As a service to our customers and to assist in protecting your interests, we have drafted the following summary of basic freight receiving and claim processing requirements.
1.On receiving a shipment identify and sign for all apparent exceptions in the presence of the delivery driver. Do not sign for a shipment on a "subject-to-inspection or recount" basis. When a shipment changes hands, apparent exceptions should be explicitly noted by the receiver.
2.If there is a problem noted upon receipt of a shipment, immediately call your local Hercules office and request a formal carrier inspection. An inspection is required to give an authorized carrier representative the opportunity to confirm exceptions, and to determine probable cause. Formal requests for inspection must be made no later than 15 days after date of delivery. All packaging must be retained for examination.
3.Once the inspection is made, take steps to minimize the loss. Undamaged goods should be taken into stock. The consignee should take steps to salvage or repair damaged merchandise. Consignees should be cognizant of the fact that it is their legal duty to minimize a loss no mater who or what caused the damage. If salvage is refused or turned over to the carrier, the claimant may only be entitled to the salvage proceeds as realized by the carrier if, after investigation, it is determined that there is no carrier liability.
4.Failure to note exceptions at time of delivery or to request an inspection within the prescribed time limit may result in the denial of any claim.
5.After determining the value of your loss, prepare your claim and submit it directly to the address provided on the claim form. Claims should be presented promptly to commence investigation while facts are reasonably "fresh" and to prevent time bar declinations. Under statutory conditions of carriage, written notice of pending claims must be provided within 60 days of delivery.
6.Claimants causing delays in providing proper documentation are subject to a 25% reduction off the original claim submission.
Claims are assertions of liability from one party to another and each claim is subject to investigation and adjustment on its individual merit. Shipments move under separate contracts of carriage, therefore claims should also be submitted individually for each shipment involved to facilitate carrier investigation and processing.