Freight Forwarder Response to Cargo Incidents — Initial Action and Evidence Preservation
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When cargo incidents occur during international transport or after import, freight forwarders are often the first to be contacted by the cargo owner. In cases of cargo damage, wet damage, shortage, loss, misdelivery, delivery delays, temperature deviation, and so on, freight forwarders may be questioned not only about the cause of the incident itself but also about their initial response after the incident.
Freight forwarders are not unlimitedly liable for all incidents. Causes of incidents may lie with the shipping line, CFS, warehouse, trucking company, faulty packing by the cargo owner, the inherent nature of the cargo, or force majeure. However, if post-incident communications, evidence preservation, submission of Claim Letters, survey arrangements, and notifications to insurance companies or actual carriers are delayed, this may affect recoverability and liability determination.
In incident response, rather than rushing to determine who is ultimately responsible, it is important in the first 48 to 72 hours to secure the necessary evidence, notify relevant parties, and clarify contractual relationships and the location of the incident. The freight forwarder serves not only as the contact point for the cargo owner but also as the coordinator with the shipping line, overseas agents, warehouses, insurance companies, and surveyors.
Scope Covered by This Article
| Item | Content addressed in this article | Content covered in other articles |
|---|---|---|
| Situations where freight forwarders are questioned | This article addresses situations where forwarders are questioned due to arrangement errors, document deficiencies, communication omissions, initial responses, evidence preservation, and delayed notifications, not the cargo incident itself. | The overall legal responsibility of freight forwarders is covered in the articles on carrier liability and House B/L issuers' responsibility. |
| Initial response at the time of incident | After receiving the incident notification, this covers confirming cargo information, photos, remarks, receipt documents, POD, and notification recipients. | Initial responses in the first hour are detailed in the article about what freight forwarders should do within the first hour of a cargo incident. |
| Claim Letter and damage notification | Covers Claim Letters from cargo owners and incident notifications to carriers, NVOCCs, CFS, warehouses, and delivery companies. | Internal verification and sample wording after receiving a Claim Letter are dealt with in the Claim Letter-related articles. |
| Sorting causes and incident segments | Covers how to segment incident locations such as ocean transport, CFS, CY, warehouse, domestic delivery, and post-delivery storage. | Unidentified cause incidents and cargo recovery details are handled in the articles on unknown incident causes and cargo recovery. |
| Insurance and survey handling | Covers marine cargo insurance, freight forwarder liability insurance, survey arrangement, and evidence preservation relationships. | Cargo insurance, survey, Survey Report, and insurance claim procedures are addressed in specialized insurance articles. |
| Misdelivery and incorrect handover | Covers situations where forwarders are especially liable, including misdelivery, incorrect handover, D/O, Sea Waybill, Surrendered B/L, and mistakes by overseas agents. | Details on D/O, B/L, Sea Waybill, NVOCC, and incorrect handover are treated in specialized articles. |
What to Check First When an Incident Occurs
Upon receiving notification of a cargo incident, the freight forwarder first organizes the details of the incident. Depending on where the cargo was found, the type of damage, the presence of exterior abnormalities, shortages, temperature deviations, or misdelivery, the required documents and contacts differ.
Information to confirm first includes cargo name, B/L number, container number, seal number, vessel name, voyage number, arrival date, loading date, location of discovery, date and time of discovery, damage details, availability of photos, and remarks on delivery documents. Lacking this information will delay explanations to the shipping line, CFS, warehouse, insurance company, and surveyor.
Immediately after an incident, it is not yet the time to determine liability. Priority is to record the state of the cargo without alteration, notify involved parties, and avoid missing notification and claim deadlines. Missing evidence at the initial stage will complicate proving causes later.
Basic Confirmation Flow When an Incident Occurs
| Step | What to Confirm | Main Contact Points | Practical Notes |
|---|---|---|---|
| 1. Understand the Incident Details | Confirm the type of incident: damage, wet damage, shortage, loss, misdelivery, delay, temperature deviation, etc. | Cargo owner, consignee, warehouse, delivery company | Confirm the type and discovery details before focusing on damage amount. |
| 2. Identify Cargo and Transport Information | Confirm B/L number, House B/L, Master B/L, container number, seal number, vessel name, voyage number. | Internal staff, overseas agents, NVOCC, shipping line | If the cargo cannot be identified, notifications and insurance communications will be delayed. |
| 3. Preserve Evidence | Save photos, videos, receipts, POD, remarks, packing materials, temperature records, devanning records. | Consignee, warehouse, CFS, delivery company | Preserve evidence before cargo is moved, discarded, or repacked. |
| 4. Notify Relevant Parties | Check whether to notify cargo owner, shipping line, NVOCC, CFS, warehouse, delivery company, insurance company. | Carrier, NVOCC, insurance company, overseas agents | Even if the cause is unknown, rights preservation notices may be sent in advance. |
| 5. Sort Incident Segments | Clarify possible incident locations: export side, ocean transport, CFS, CY, warehouse, domestic delivery, post-delivery storage. | Internal staff, overseas agents, warehouse, delivery company | If the incident location is unclear, notify multiple parties. |
| 6. Confirm Insurance and Survey | Check marine cargo insurance, freight forwarder liability insurance, survey necessity, and insurance company notifications. | Insurance company, insurance agent, surveyor | Notify insurance companies early in cases of unknown cause or high-value incidents. |
Photographing and Preserving Physical Evidence
In cargo incidents, photographs serve as the most fundamental evidence. Take photos of the exterior, interior, damaged areas, wetness, rust, dents, torn bags, liquid leaks, mold, temperature records, container interior condition, seals, labels, pallets, and packaging materials from both wide angles and close-ups as much as possible.
It is important that photos capture not only the damaged parts but also the entire cargo, packaging condition, stowage inside the container, exterior markings, and conditions enabling quantity confirmation. Photographing only the damaged cargo can make it difficult to determine at what stage the incident occurred, whether it happened during transportation, due to poor packaging, or damage during CFS operations.
Immediately disposing of damaged goods, packaging materials, or moving and repacking the cargo can hinder cause investigation. Even when disposal is necessary for hygiene or safety reasons, it is advisable to take photos, videos, inspection records, third-party confirmation, and notify the insurer or surveyor before disposal.
Remarks on Delivery Documents
If there are abnormalities such as exterior damage, quantity shortages, wetness, breakage, or seal irregularities when receiving cargo, it is important to leave remarks on receipts, D/O-related documents, delivery notes, driver receipts, CFS outbound documents, etc. Accepting the cargo unconditionally without remarks may make it hard to prove later that the incident occurred during transportation.
Remarks should not simply say "damaged," but should specifically note which cargo had what kind of abnormalities and the extent. For example, describe observable facts concisely such as torn outer boxes, wet marks, quantity shortage, pallet collapse, seal discrepancies, or moisture inside the container.
Freight forwarders should instruct shippers and delivery destinations to avoid unconditional acceptance when discovering incidents, and to take photographs and enter remarks. If it is later claimed "no abnormalities were recorded at receipt," it becomes difficult to explain the situation to shipping lines, CFS, warehouses, and insurance companies.
Submission of Claim Letter
In case of cargo incidents, a Claim Letter or accident notification must be sent promptly to related parties. The recipients vary depending on the incident segment and contractual relationships, including freight forwarders, shipping companies, CFS operators, warehouse operators, trucking companies, overseas agents, and insurance companies.
The purpose of a Claim Letter is not only to finalize the damage amount. It first notifies that the incident occurred, reserves the possibility of pursuing liability against the other party, and ensures claim deadlines are not missed. Even if the damage amount is undetermined, the notification should describe the accident details, cargo information, B/L number, discovery date and place, and a summary of the damages.
When the freight forwarder issues the House B/L, claims from shippers are often directed to the forwarder. Meanwhile, the forwarder needs to notify the shipping company or relevant parties based on the Master B/L and contracts with the actual carriers. Responses to the shipper and notifications of recovery claims to actual carriers must proceed in parallel.
Decision on Survey Arrangement
When damage is significant, the cause is unknown, technical judgment is needed (such as in temperature deviations or water intrusion), or insurance claims or recovery proceedings are expected, consider arranging a survey. Confirmation by a surveyor is important for judging the damage cause, extent, residual value, disposal method, and repair feasibility.
If the cargo is moved or disposed of before arranging a survey, it becomes difficult to investigate the cause. This timing of on-site inspection is especially critical for wet, damaged, moldy, temperature-exceeded, leaking, contaminated cargo or cases of quantity shortage.
Freight forwarders should communicate early with insurers, shippers, warehouses, CFS, and local agents to determine whether a survey is necessary. It is also necessary to confirm in advance who will bear the survey cost, where it will be conducted, whether the cargo can be unpacked, and whether disposal is allowed.
Contacting the Insurance Company
If marine cargo insurance is in place, contact the insurance company or insurance agent promptly after discovering the incident. Delayed notification to the insurer may affect survey arrangement, damage assessment, document collection, and recovery procedures.
When contacting the insurer, documents such as B/L, invoice, packing list, insurance certificate, accident photos, delivery documents, documents with remarks, delivery notes, inspection records, temperature records, Claim Letter, and survey report will be required. Even if all documents are not yet available, it is important to first notify the accident and confirm the necessary documents later.
If forwarder liability insurance is involved, notifying the forwarder’s own insurer may also be necessary. Since the shipper’s cargo insurance and the forwarder’s liability insurance serve different roles, clarify early on which insurance covers the incident.
Sorting Out the Incident Segment
To determine the forwarder’s responsibility, it is necessary to clarify which segment the incident likely occurred in. Cargo passes through multiple parties including the export warehouse, domestic delivery, CFS inbound, CY inbound, sea transportation, transshipment locations, import-side CFS, bonded warehouses, post-customs delivery, and delivery destinations.
Even if a House B/L is issued, the forwarder’s responsibility, claims against actual carriers, claims against warehouse or trucking operators, and handling by cargo insurance depend on the incident segment. If the incident segment is unclear, check handover records, photos, inbound/outbound logs, and seal records for each segment.
Proceeding with responsibility judgment without sorting out the incident segment could result in incorrect claim targets or missed notification deadlines. Freight forwarders need to respond to shipper inquiries while simultaneously notifying actual carriers and related parties and collecting relevant documents behind the scenes.
Common Situations Where Freight Forwarders Are Held Accountable
| Situation | Common Issues | Documents to Check | Practical Notes |
|---|---|---|---|
| Arrangement Errors | Examples include booking temperature-controlled cargo in a standard container, failing to communicate hazardous goods information, or not reflecting special conditions. | Booking documents, shipper instructions, temperature requirements, hazardous goods information, internal emails | Check for discrepancies between shipper instructions and the actual arrangements made. |
| Document Deficiencies | Errors or omissions in B/L, D/O, FCR, Sea Waybill, or invoice information that cause problems. | B/L, D/O, FCR, Sea Waybill, correction request emails, issuance records | Confirm whether document errors led to accidents or delivery delays. |
| Communication Omissions | Delays in accident notification, submitting Claim Letter to the shipping company, informing the insurance company, or notifying overseas agents. | Notification emails, Claim Letters, insurance company notifications, chronological notes | Check whether delays affected notification deadlines or the possibility of recourse. |
| Delays in Initial Response | Delays in photographing, obtaining remarks, preserving goods, or arranging surveys. | Accident photos, POD, receipt slips, Survey Report, warehouse records | Confirm impact on proving cause of the accident and insurance claims. |
| Overseas Agent Response Errors | Local agents wrongly release cargo, delay customs clearance, fail to communicate, or process documents incorrectly. | Overseas agent emails, D/O, delivery records, local expense details, customs status | Check the contractual position of the principal forwarder. |
| Incorrect Delivery / Wrong Release | Cases where cargo is handed over to someone other than the legitimate consignee, release instructions were wrong, or B/L verification was incorrect. | B/L, Sea Waybill, Surrendered B/L, D/O, release instructions, identity verification records | This often becomes a more serious liability issue than ordinary cargo damage. |
| Missed Notification Deadlines | Delays in damage notification to the carrier or NVOCC may hinder later claims. | Accident discovery date, delivery date, notification date, B/L terms, Claim Letter | It is important to notify even if late, and not to leave without any notice. |
| Early Admission of Liability | Responding with statements like "We take responsibility" or "We will fully compensate," before the cause is confirmed. | Initial response emails, communication with shippers, insurance company replies, accident documents | Separate acknowledgment of receipt from acceptance of liability. |
Mistakes by Overseas Agents
In international transport, local agents at the destination often handle collection, customs assistance, Delivery Order exchange, cargo release, and delivery arrangements. If an overseas agent fails to communicate, mistakenly releases cargo, or delays document processing, the shipper may seek explanations and actions from the principal forwarder.
An overseas agent’s mistakes do not automatically become the principal forwarder’s responsibility, but when the forwarder contracts as the sole carrier for the shipper, agent handling may also become an issue. Especially in cases where a House B/L is issued, the forwarder serves as the contractual point of contact for the shipper.
Therefore, forwarders need to promptly obtain accident reports, photos, delivery records, customs status, and local cost details from the overseas agent. Responding to the shipper without confirming what happened locally may risk inconsistencies in later explanations.
Incorrect Delivery / Wrong Release
Incorrect deliveries or wrong releases pose significant liability risks for forwarders. When cargo is handed over to anyone other than the rightful consignee, this can lead to irretrievable cargo loss, uncollectible payments, third-party damages, and complications in insurance handling.
In such cases, documents like the B/L, Sea Waybill, D/O, Surrendered B/L, release instructions, identity verification, consignee names, and local agent instructions are critical. Especially with Sea Waybill or Surrendered B/L, as originals are not presented, careful confirmation of the authorized recipient is needed.
Forwarders should not leave verification of cargo release authority entirely to local agents. Instead, they must clarify instructions from the shipper, B/L details, D/O issuance conditions, and release procedures. Wrong delivery is not just an arrangement mistake; it concerns the fundamental control of the cargo.
Checklist for Confirmation
| Situation for Confirmation | Parties to Confirm With | Items to Confirm | Actions If There Are Issues |
|---|---|---|---|
| When Receiving Accident Notification | Shipper, Consignee, Sales Representative, Accident Handler | Type of accident, discovery date and time, discovery location, photos, damage details, presence of remarks | Before determining liability, begin preserving evidence and notifying related parties. |
| When Identifying Cargo Information | Internal staff, overseas agents, NVOCC, shipping line | B/L number, House B/L, Master B/L, container number, seal number, vessel name, voyage number | If the target cargo cannot be identified, cross-check internal records and transport documents. |
| When Preserving Photos and Physical Evidence | Consignee, warehouse, CFS, delivery company, insurance company | Outer packaging, inner packaging, damage locations, packing materials, inside container, temperature records, labels, pallets | Keep records before cargo movement, disposal, or repacking. |
| When Checking Delivery Documents | Consignee, delivery company, CFS, warehouse | POD, receipt, delivery note, CFS outbound documents, remarks, quantity records | Even if there are no remarks, notify and preserve evidence immediately after discovery. |
| When Submitting a Claim Letter | Shipping line, NVOCC, CFS, warehouse, delivery company, overseas agents | Notification recipients, accident details, B/L number, discovery date and time, photos, claim intent, reservation of rights | Accident notification may be prioritized even if damage amount is not yet determined. |
| When Considering a Survey | Insurance company, surveyor, shipper, warehouse | Damage amount, cause unknown, physical condition, whether unpacking is allowed, whether disposal is allowed, cost bearers | Guide related parties not to dispose of items before physical inspection. |
| When Contacting Insurance Company | Cargo insurance company, freight forwarder liability insurance company, insurance agent | Cargo insurance, liability insurance, initial accident report, required documents, need for survey | Separate confirmation of shipper’s insurance and own liability insurance. |
| When Suspecting Misdelivery | Overseas agents, D/O issuer, shipping line, shipper, management | B/L, Sea Waybill, Surrendered B/L, D/O, release instructions, identity verification, delivery records | Distinguish from regular accidents; immediately share with management, insurance company, and lawyer if necessary. |
Freight Forwarder's Scope of Involvement
| Situation | What Can Be Supported | What Should Not Be Concluded | Practical Notes |
|---|---|---|---|
| Receiving Accident Reports | Organizing accident details, cargo info, photos, receipts, POD | Admitting own company’s liability at the time of receiving notification | Separate acceptance of receipt and recognition of responsibility. |
| Evidence Preservation | Guidance on photographing, entering remarks, physical preservation, and retaining packing materials | Concluding cause or responsible party despite insufficient evidence | Create conditions that allow later judgment. |
| Notifying Related Parties | Notify shipping lines, NVOCC, CFS, warehouses, delivery companies, insurance companies | Deciding not to notify because the cause is unknown | Issue notification to preserve rights even if the cause is unknown. |
| Dealing with Insurance Companies | Supporting initial accident reports to cargo insurance and freight forwarder liability insurance | Concluding insurance payment eligibility or coverage scope | Keep insurance conditions separated from accident causes during checks. |
| Explanation to Shipper | Explain confirmed facts, unconfirmed points, notification status, and next steps for confirmation | Explaining “It is the shipping line’s responsibility” or “Our company will cover it” before reviewing materials | Do not make definitive statements and clarify ongoing investigations. |
| Handling Misdelivery or Wrong Delivery | Gather delivery records, D/O, release instructions, and identity verification materials | Relying entirely on local agents without conducting confirmation as the principal contractor | Immediately share as a serious accident with management and insurance company. |
Cases That Commonly Cause Issues in Practice
| Case | Common Issues | Documents to Check | Practical Notes |
|---|---|---|---|
| Case where exterior damage and quantity shortage were discovered in LCL cargo | It becomes unclear whether the damage occurred during CFS operations, maritime transport, or domestic delivery. | CFS shipment documents, receipts, photos, delivery records, Packing List, inbound records | Take photos, add remarks, preserve the actual cargo, and notify relevant parties. |
| Case where photos only show damaged parts and do not reveal the overall condition | Unable to determine the accident section or packaging condition, weakening explanations to insurers and carriers. | Overall photos, close-up photos, packaging photos, photos inside the container, label photos | Photograph both wide-angle and close-up views. |
| Case with no remarks on the receipt | It may be claimed that the goods were handed over without abnormalities, making it difficult to pursue responsibility later. | POD, receipts, delivery notes, unpacking photos, emails at discovery | Even without remarks, notify and preserve evidence immediately upon discovery. |
| Case handled only by verbal notification without submitting a Claim Letter | No record of notification deadline, intention to claim, or reservation of rights remains. | Call memos, email records, Claim Letter, B/L terms, notification date | Issue written notice even if the amount is not yet determined. |
| Case where cargo was discarded before survey was conducted | Unable to later confirm accident cause, damage extent, residual value, or necessity of disposal. | Photos taken before disposal, disposal certification, insurer instructions, Survey Report, shipper instructions | Confirm with insurer and surveyor before disposal. |
| Case where overseas agent mistakenly released cargo | The main forwarder is held responsible for agent management and release instructions. | Overseas agent emails, D/O, B/L, Sea Waybill, delivery records, identity verification documents | Obtain local records promptly and share them with management and insurer. |
| Case where temperature-controlled cargo was booked in a regular container | A discrepancy between shipper instructions and actual booking leads to forwarder's arrangement error. | Shipper instructions, Booking documents, quotations, temperature requirements, container booking records | For special-condition cargo, verify that instructions and booking details match. |
| Case where an accident notification was not sent to the shipping line | Even if the shipper is notified, the chance to seek recourse against the actual carrier may be lost. | Claim Letter, Master B/L, notification records, accident photos, POD | Proceed with both shipper response and actual carrier notification simultaneously. |
Example: Case where exterior damage and quantity shortage were discovered in imported LCL cargo
Consider a case where an importer/consignee discovered exterior damage and quantity shortage during CFS pickup of imported LCL cargo. The consignee contacted the freight forwarder, but only some accident photos were taken and no remarks were made on the receipt. The cargo was then immediately moved to the delivery location, and the packaging materials were discarded.
Later, the shipper sought compensation from the forwarder, but there was insufficient documentation to verify if the damage occurred during maritime transport, CFS operations, or domestic delivery. At the time the forwarder notified the shipping line and CFS, the actual cargo could not be inspected, reducing the likelihood of successful recourse.
In such cases, taking photos, adding remarks, preserving the cargo, notifying the forwarder and insurer, and arranging a survey if needed at the time of discovery could have left room for investigation and claims. In accident handling, it is more important to preserve evidence that can support judgments than to rush to determine liability.
Example 2: Case where overseas agent mistakenly released cargo
There is a case where, under a Sea Waybill arrangement, the overseas agent at the destination released cargo to a third party without sufficient confirmation from the shipper. The rightful consignee reported non-arrival of cargo, requiring explanation and compensation from the prime forwarder.
Documents to check in this case include the Sea Waybill, D/O, release instructions, identity verification documents, emails with the overseas agent, and local delivery records. A mistaken release is a serious issue involving cargo control itself, distinct from mere cargo damage.
Even if the mistake was by the overseas agent, the prime forwarder may be responsible as the shipper’s contact point under the contractual relationship. Upon discovering the incident, the forwarder should immediately obtain local records and share them with the insurer, management, and lawyers if needed.
Example 3: Case of erroneous arrangement conditions for temperature-controlled cargo
A case occurred where the shipper requested transport with temperature control, but the forwarder booked a regular container, resulting in quality deterioration being discovered after arrival.
The cause is not merely a transport accident but a discrepancy between shipper instructions and booking details. Documents to verify include the shipper’s temperature instructions, quotations, Booking Confirmation, container booking records, temperature logs, and insurance terms.
For special-condition cargo, it is critical whether the forwarder correctly communicated the shipper’s instructions to the actual carrier and overseas agents. Temperature conditions, dangerous goods information, special packaging, and delivery conditions need to be confirmed in records rather than verbally.
Common Misconceptions
| Common Misunderstandings | Actual Perspective | Practical Notes |
|---|---|---|
| The freight forwarder is responsible for all accidents | The freight forwarder's liability is determined by contract position, scope of work, negligence, cause of the accident, and terms and conditions. | Confirm whether acting as an agent, NVOCC, or if the forwarder undertook the work. |
| No remarks means no problem | Absence of remarks is important, but does not necessarily rule out later discovered damage. | Immediately confirm photos, notifications, and whether a survey is needed once damage is found. |
| You can submit a Claim Letter after the cause is known | Even if the cause is unknown, accident notification should be made to meet notification deadlines and preserve rights. | Note in the notification that cause and responsibility are under investigation. |
| It is sufficient to only handle the shipper | Handling the shipper and notifying the shipping company, NVOCC, warehouse, and delivery company are separate tasks. | Simultaneously notify the actual carriers and other related parties. |
| Contacting the insurance company means no need to preserve evidence | Even if you contact the insurance company, without site photos or receipts, proving the cause can be difficult. | Simultaneously contact the insurance company and preserve on-site evidence. |
| Mistakes by overseas agents have nothing to do with the main forwarder | Due to contracts with the shipper, the main forwarder may be asked to explain as the point of contact. | Confirm contract relationships, delivery records, and instruction contents with the agent. |
| Misdelivery or mistaken handover can be treated the same as normal cargo damage | Misdelivery and mistaken handover are serious incidents involving cargo control, ownership, and delivery authority. | Check D/O, B/L, Sea Waybill, identity verification, and release instructions. |
| If the damage amount is small, initial response can be simplified | Even small amounts can set precedents, cause repeated accidents, damage customer relations, or affect insurance handling. | At minimum, keep records, notify, and confirm receipts. |
Practical Points to Note
When an accident occurs, the freight forwarder is not only questioned about the cargo incident itself. Mistakes in arrangements, document errors, missed communications, actions by overseas agents, misdelivery, mistaken handovers, and initial post-accident responses are all subject to liability considerations.
The freight forwarder does not bear responsibility for all accidents, but as the shipper's contact point, they must promptly proceed with post-accident photo documentation, remark entry, Claim Letters, survey arrangements, insurance company notification, and notification to the actual carriers.
The success or failure of accident response largely depends on the first 48 to 72 hours. Before determining liability, the freight forwarder should preserve evidence, respect notification deadlines, and collect documents from relevant parties.
Summary
The situations in which a freight forwarder is questioned during an accident are not limited to cargo damage or wet damage. Arrangement errors, document deficiencies, omitted communications, failure to obtain remarks, delayed Claim Letters, delayed surveys, missed insurance notifications, errors by overseas agents, and misdelivery or mistaken handovers also become issues.
The freight forwarder is not unconditionally liable for all accidents. However, as the shipper's contact, the forwarder must swiftly organize information after the accident is discovered, preserve evidence, notify relevant parties, coordinate with insurance companies, and clarify the accident segment.
In accident response, the basic approach is not to assign responsibility immediately but to retain documentation that allows for later judgment. Securing evidence during initial actions, ensuring no notification is forgotten, and clarifying contract relationships and accident segments form the foundation to support explanations to the shipper, insurance claims, and claims against the actual carriers.
