Crushed parcel, damaged pallet, broken product: photograph the packaging and the goods before anyone moves them, and keep dated, verifiable evidence of their condition. The reservations on the delivery note and the claim formalities remain the procedure; Sealway fixes what was visible at receipt, and when. It determines neither who is liable nor when the damage occurred.
Built for
A company receives a pallet holding several pieces of equipment. The stretch film is torn and one of the cartons is badly dented. When it is opened, a machine is damaged. The driver is waiting for a signature; in a few minutes he will be gone.
The questions all arrive at once: should the delivery be accepted? What should be written on the delivery note? Which photographs, in which order? Should the packaging be kept? Who should the claim go to, and by when? A few hours later, the packaging is thrown away, the goods moved, the damage sometimes already repaired: what was visible at receipt no longer is.
The underlying question is simple: what condition were the goods really in when they were received? And, where there is documentation at departure too: was the damage already visible before shipping, or did it appear during transport? Sealway makes it possible to document these successive states, tied to specific files and to a specific date.
Photographing and timestamping damage does not, by itself, interrupt a claim deadline, and it replaces neither a reservation, nor a protest, nor a notice required by the applicable regime. In the carriage of goods, article L. 133-3 of the French Code de commerce requires the consignee to lodge a reasoned protest within a very short time; in a sale to a consumer, the rights against the seller follow other rules. The Sealway proof adds to the procedure; it does not stand in for it. At receipt:
The delivery note, or the consignment note (lettre de voiture), is the document of receipt: it is where the reservations are written, and it is what the carrier and the seller will read first. Its limit is descriptive: “damaged parcel” says neither which parcel, nor where, nor what could be seen of the goods.
Photographs and videos show what the words summarise. What remains is their context: weeks later, it must be possible to establish when they were taken, that they have not been retouched and that they do concern this delivery. That is what Sealway brings: the date and integrity of the files, nothing else.
Three layers, three roles: the note describes, the photographs show, Sealway dates. None does the work of the other two.
Business, carrier, business: the French Code de commerce governs the action against the carrier. Professional seller, carrier, consumer: the Code de la consommation makes the seller the counterpart. The same photographs serve both; the deadlines, the formalities and the counterpart differ.
The carrier (voiturier) is liable for the loss of the goods to be carried, except in cases of force majeure. It “is liable for damage other than that arising from the inherent defect of the thing or from force majeure.” Any contrary clause inserted in a consignment note, a tariff or any other document is void. Without prejudice to the Code des transports, this chapter applies to road, river and air carriers.
Receipt of the goods carried “extinguishes any action against the carrier for damage or partial loss if, within three days, public holidays not included, following that of receipt, the consignee has not notified the carrier, by act of a commissaire de justice or by registered letter, of its reasoned protest.” A request for an expert appraisal made within that time counts as a protest. Any contrary stipulation is void; that last rule does not apply to international carriage.
Any risk of loss or damage to the goods passes to the consumer “at the moment when the consumer, or a third party designated by the consumer, takes physical possession of the goods.” When the consumer entrusts the goods to a carrier other than the one proposed by the professional, the risk passes to the consumer when the goods are handed to that carrier. These provisions also apply to contracts concluded with non-professionals (art. L. 216-8).
The professional “is liable as of right towards the consumer for the proper performance of the obligations arising from the distance contract, whether those obligations are performed by the professional who concluded the contract or by other service providers, without prejudice to its right of recourse against them.” It is released only by proving that the non-performance is attributable to the consumer, to the unforeseeable and insurmountable act of a third party, or to force majeure. A seller therefore cannot send the consumer off to settle the problem with the carrier alone.
A document handed to the consumer on taking possession mentions the possibility of making reservations, in particular where the goods are defective; but “the absence of reservations made by the consumer on receipt of the goods does not release the professional from the guarantee of conformity it owes the consumer.” The seller also answers for lack of conformity resulting from the packaging, and defects that appear within twenty-four months of delivery (twelve months for second-hand goods) are, unless proven otherwise, presumed to have existed at delivery.
For international road carriage governed by the CMR Convention, a consignee who takes delivery without a joint check and without sending the carrier reservations “at the latest at the time of delivery in the case of apparent loss or damage, or within seven days of delivery, Sundays and public holidays excepted, in the case of loss or damage which is not apparent” is presumed, until the contrary is proved, to have received the goods in the condition described in the consignment note; reservations for non-apparent damage must be in writing. Deadlines and formalities can differ with the type of carriage and whether it is domestic or international: check the regime that applies to your shipment.
Cour de cassation · commercial chamber · 20 January 1998
Appeal dismissed · published in the Bulletin · decision under appeal: cour d’appel d’Amiens, 7 July 1995
Granite slabs are delivered by the Sernam. The consignee takes receipt writing “sous réserve de déballage” (subject to unpacking) on the delivery note, finds damage on opening and sues the carrier. Before the Cour de cassation, the carrier argues that receipt without “significant, complete and precise” reservations raises a presumption of conforming receipt, and that the wording on the note is insufficient to establish that the damage existed at delivery. The appeal is dismissed, but it is not that wording that justified the decision.
Within three days, in accordance with article 105 of the Code de commerce, the company Artcom notified the carrier by registered letter of its reasoned protest, and, on the other hand, the damage found by Artcom on opening the parcels was corroborated by a commissaire de justice’s report.
What Sealway takes from it
It is not “subject to unpacking” that saved the action, but the reasoned protest notified within three days and damage found on opening, corroborated by a third party. The formality within the deadline on one side, documentation of the condition on opening on the other: Sealway serves the second; it never dispenses with the first.
When the situation allows it and without putting yourself at risk, a few minutes are enough, in an order that preserves context: the overall view first, the close-up of the damage last. An isolated close-up of a broken part says little; the same part, shown in its carton, on its pallet, says where and how.
One overall view per side, placing the whole: location, pallet, parcels, film, strapping. It is the reference for everything that follows.
Shipment number, reference, number of parcels announced. Then the delivery note with the written reservations, before signing if possible.
Each external damage in three shots: the whole parcel, the affected area, the detail. Dent, tear, puncture, trace of damp.
Closed carton, opening, wedging, foam, film: a short video or several successive photographs preserve the context. It is not an obligation; it is extra context. From the app, a video has no duration limit: recording stops when the proof reaches 250 MB.
The whole product as it appears in its packaging, then the damaged part, then the detail: scratch, breakage, missing part, with a size reference if possible.
Create the proof before leaving the receiving area: up to 10 files per proof, 250 MB in total. For a pallet, one “Receipt” proof for the outside and one per damaged parcel, in a collection named after the shipment.
Safety comes before documentation. A leaking parcel, a damaged battery, an unknown substance, an unstable load or a pallet about to tip are not handled for a photograph: step back, alert, follow the site’s and the carrier’s instructions. And a photograph of the packaging taken too close, without the label or the parcel number, ties to nothing: the timestamp dates the image, it does not say which parcel it shows.
The shipper can create a proof before collection too: product intact, protections, carton closed, pallet wrapped, seals, condition at the moment of pick-up. The consignee then creates a second proof at receipt. The result is two documented states, dated independently, at both ends of the transport.
Product intact from every angle, serial number, protections and wedging in place.
Carton closed, pallet built, wrapped, strapped, labels and seals applied.
Condition at the moment of pick-up, consignment note or dispatch note signed, any reservations made by the carrier at loading. Sealway proof “Shipping” created.
Nothing to document: the goods are no longer in the shipper’s hands.
Damaged packaging: the consignee photographs pallet, parcels, damage, writes reservations and creates the “Receipt” proof.
Two different states do not, by themselves, determine in law who is liable between the two, nor at what moment the physical damage occurred. They document a change between two dates; the contract, the applicable transport regime and, where it comes to that, the expert or the court do the rest.
The official sources do not lay down a single rule; they give a direction. Check what your contract and your delivery terms provide.
Count the parcels, look at each side, open if possible and if the driver agrees: the check at receipt is the moment that counts.
The DGCCRF, the French consumer authority, recommends, when the goods do not match the order or were damaged in transit, refusing them, writing express reservations on the delivery note and, above all, informing the seller as soon as possible. A refusal is documented too: photographs, the refusal noted on the delivery note, the exchange with the carrier.
If you accept, write what you see, parcel by parcel, before the driver leaves.
The seller, in a sale to a consumer; the carrier and, depending on the contract, the shipper or the freight forwarder (commissionnaire de transport), in carriage between businesses. In writing, keeping a copy.
Vague reservations protect little. A useful reservation describes what is observed: which parcel, where, what damage, what quantity.
“Subject to unpacking”, “damaged parcel”, “with reservations”: these formulas say neither which parcel nor what damage, and a carrier will dispute them, as in the case decided on 20 January 1998.
“Carton no. 3 crushed on the lower right corner, outer film torn, side panel of the machine visible and scratched.” One parcel, one place, one damage, one condition of the goods. As many lines as parcels affected, dated and signed.
In the carriage of goods, the consignee’s reservations only count as the reasoned protest if they were not merely made but accepted by the carrier at the very moment of receipt (Cass. com., 3 January 1978, no. 76-14.269). Without that acceptance, the registered letter or act of a commissaire de justice within three days remains necessary; sent to the manufacturer rather than the carrier, the letter reserves nothing.
Reservations document the problem and make the recourse against the seller easier; their absence does not release the professional from the conformity guarantee (art. L. 216-5). Write them anyway: they fix what the delivery driver saw, at that moment.
A pallet of twenty units, three damaged cartons, two products actually broken: the documentation follows the same progression, unit by unit.
Overall view of the pallet with its labels, then each damaged carton with its number or reference legible, then its contents. Intact cartons need no close-up: an overall view is enough.
Note on the delivery note and in the proof’s description: how many parcels received, how many damaged, which products, what quantity. Sealway does no automatic reconciliation with a purchase order or a WMS; the proof’s title and description, which can be edited, serve that purpose.
Delivery note or consignment note, CMR note for an international shipment, invoice, purchase order, packing list, carrier’s dispatch note, written exchanges: a PDF or a screenshot is added to the proof like a photograph. Nothing is mandatory; anything that dates and situates the delivery is useful.
A proof holds up to 10 files. Beyond that, create one proof per damaged parcel, or per batch, in a collection named after the shipment: the chronology stays legible and each proof can be verified separately.
The proof is part of the file. Here is what goes with it, depending on the regime.
Delivery note and reservations, photographs and videos, Sealway proofs “Shipping” and “Receipt”, invoice, purchase order, tracking number, correspondence, declaration to the carrier, request to the seller.
Reasoned protest to the carrier, in the form and within the time set by article L. 133-3; request for an expert appraisal (art. L. 133-4) if the condition of the goods is disputed; action within one year (art. L. 133-6). The contract of carriage and, where applicable, the cargo insurance specify the rest.
Written request to the seller: repair, replacement or refund under the legal guarantee of conformity, with no return costs borne by the consumer when the product is damaged. Failing agreement, the consumer mediator, SignalConso and the consumer associations.
Before discarding the packaging, the protections, the pallet or the broken parts, check the instructions of the seller, the carrier or the insurer: they may need them to understand and document the damage, sometimes for an expert appraisal. Keep them until the claim is settled.
An SME ships a machine worth several thousand euros. It photographs the intact machine, the protections, the closed crate, the wrapped pallet and the dispatch note signed at loading. “Shipping” proof created.
The customer finds a punctured crate and an impact on the machine. Overall view, crate, puncture, protections, damage; precise reservations on the consignment note; “Receipt” proof created on the dock.
Reasoned registered letter to the carrier within three days, copy to the shipper, both proofs added to the file with the consignment note and the invoice.
The two proofs make it possible to compare two documented states, on dates that neither the shipper nor the consignee set themselves. They say neither who caused the impact, nor whether the packaging was sufficient, nor what the compensation is worth: the contract of carriage, any expert appraisal and the applicable regime decide that. Above all, they keep the discussion from being about what was visible, rather than about who answers for it.
Four frequent situations, their main counterpart and their point of attention. The contract and the applicable regime always prevail.
| Situation | Main counterpart | Point of attention |
|---|---|---|
| Carriage of goods between businesses, within France | The carrier and, depending on the contract, the shipper or the freight forwarder | Reservations at delivery and reasoned protest within three days (Code de commerce, art. L. 133-3); one-year limitation period (art. L. 133-6). |
| Distance purchase by a consumer from a professional seller, carrier proposed by the seller | The professional seller | Seller liable as of right (art. L. 221-15) and legal guarantee of conformity; reservations help, their absence does not forfeit the guarantee (art. L. 216-5). |
| Consumer who entrusts the goods to a carrier not proposed by the seller | The carrier | The risk passes to the consumer on handover to the carrier (art. L. 216-3); article L. 133-3 deadline, extended to ten days if the carrier cannot show it allowed a check (art. L. 224-65). |
| International carriage by road governed by the CMR Convention | According to the contract and the applicable regime | Reservations at the latest at delivery for apparent damage, in writing within seven days for non-apparent damage (CMR, art. 30). |
The same photographs serve in all four situations. What changes is who you address, by when and in what form.
The carrier, the seller, the insurer, the expert and, where it comes to that, the court assess the material. A Sealway proof is one item of it: the one that establishes the date and integrity of the files.
At receipt, the photographs are placed in a Sealway proof. Weeks later, it is possible to verify that the files presented are the ones bound to the timestamp created that day.
What goods-in staff, shippers and customers ask, on the dock and after the invoice.
Texts, official documents and decisions cited on this page (in French).
Sealway does not provide legal advice. These references are given for information; deadlines, formalities and counterparts depend on the contract, the applicable transport regime and the capacity of the parties, and the weight of the material produced is for the carrier, the seller, the insurer, the expert and, where it comes to that, the court to assess. The French official sources are in French; the excerpts on this page are our translations.
A returned vehicle, a loss to document, an alert sent to a distributor: what was visible, or what was transmitted, is documented there and then.
Photograph the vehicle at pick-up and at return, wheels, bodywork, mileage and fuel, for dated evidence of its condition.
Learn more →Water damage, fire, burglary: fix the state of the premises and the damage before clean-up, moving or repair.
Learn more →Contaminated batch, withdrawal, recall: keep evidence of the alert email sent to the distributor, with its attachments and its date.
Learn more →Pallet, parcel, packaging, product, damage: SHA-512 fingerprint, qualified electronic timestamp under eIDAS, evidence file verifiable by a third party. Join the waitlist to be notified at launch.
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