Trade guide

CMR damage claims: checking a wholesale delivery and claiming for loss or damage

Published 24 October 2026  ·  9 min read  ·  Logistics

Most problems with a pallet delivery are decided in the first half hour after the truck arrives. A crushed corner, a broken stretch wrap or one pallet short is easy to prove while the driver is still there and very hard to prove a week later. For international road freight in Europe the rules that decide whether you can claim are set by the CMR Convention, and they reward buyers who check the load and write their findings on the consignment note before signing.

When the CMR Convention applies

The CMR Convention governs contracts for the international carriage of goods by road for reward, where the place where the carrier takes over the goods and the place of delivery are in two different countries, at least one of which is a party to the Convention. All EU member states are parties, as are many neighbouring countries. Purely domestic deliveries are usually covered by national law instead, and sea and air freight have their own conventions with their own, often shorter, notice periods.

The CMR consignment note (the “CMR”) is the key document. It records what the carrier took over and in what condition, and the copy signed at delivery records what you received. Our EU export documents checklist shows where it sits among the other shipping papers.

Checking the delivery before you sign

• Count the pallets against the CMR and the packing list, before unloading starts if possible.
• Check the seal on a sealed trailer or container: is it intact, and does the number match the one on the documents?
• Look at every pallet from all sides: torn or loose stretch wrap, crushed or wet cartons, leaning stacks, broken pallet boards, leaking bottles or cans.
• Take photos of the trailer as it is opened, of any damage before it is moved, and of the truck’s registration plate.
• For temperature-controlled loads, ask for the reefer unit’s temperature printout and probe the product. Our guide to temperature-controlled transport explains what to look for.
• Check dates and batches on a sample of cartons if remaining shelf life was agreed in the contract — see best-before dates and remaining shelf life.

Writing reservations on the CMR

If you sign a clean CMR, that signature is treated as evidence that you received the goods in the condition and quantity described. You can still prove otherwise later, but the burden is on you. If you see a problem, write a reservation on the consignment note before you sign, and make sure the driver’s copy carries it too.

A useful reservation is specific: “pallet 4 of 22: stretch wrap torn, 6 cartons crushed, contents not checked” is far stronger than “received damaged”. Vague wording such as “subject to inspection” on its own is generally given little weight. Note the time of arrival too if the delivery was late, and ask the driver to sign or initial your remarks.

The deadlines that matter

Miss the notice periods and the claim becomes much harder, or for delay, usually lost. For hidden damage, open and check the goods as soon as they arrive rather than when they are picked for your own customers.

What you can recover — and why insurance matters

Under the CMR the carrier is liable for loss or damage between taking over the goods and delivering them, unless it can show one of the exemptions in the Convention, such as defective packing by the sender. Compensation is based on the value of the goods, but it is capped at 8.33 Special Drawing Rights per kilogram of gross weight lost or damaged, unless a higher value was declared in the CMR and agreed. For heavy, low-value goods such as bottled water that cap is rarely a problem; for light, valuable goods such as cosmetics or spirits it can be far below the real loss.

That gap is why many buyers take out cargo insurance on top of the carrier’s liability. Who should insure, and who carries the risk while the goods are on the road, depends on the Incoterm you agreed: under DAP the seller usually bears the risk until delivery, under EXW or FCA the buyer does. See our guide to Incoterms for FMCG buyers.

Putting the claim together

A carrier or insurer will typically ask for:

• the CMR consignment note with your reservations;
• photos taken at delivery and, for hidden damage, at unpacking;
• the commercial invoice and packing list, to show the value and weight of what was lost;
• a calculation of the claim, separating damaged, missing and salvageable goods;
• for reefer loads, the temperature records;
• confirmation of what happened to the damaged goods — keep them until the carrier or surveyor has had the chance to inspect, unless they are a hazard.

Correct loading and securing at the start reduces claims at the end. Our guide to pallet and truckload maths covers how loads are built.

If something arrives wrong from us

Note it on the CMR, take photos and contact us straight away with the order number. Tell us what you need and we will confirm in writing how the problem will be handled. The transport terms for each order follow the Incoterm agreed in the proforma invoice.

Related reading: Incoterms for FMCG buyers, temperature-controlled transport, and pallet and truckload maths.