A cargo damage claim (notice of claim) is the written notice the consignee gives the carrier to record that the cargo arrived damaged, short or late. Without timely notice, the cargo is presumed delivered in good order, and in air transport the right to claim is lost.
Cargo damage claim deadlines
| Transport | Notice deadline | Basis |
|---|---|---|
| Air, damage | Forthwith after discovery, at the latest 14 days from receipt | Montreal Convention, Art. 31 |
| Air, delay | 21 days from the date the cargo was placed at disposal | Montreal Convention, Art. 31 |
| Sea, apparent damage | Upon removal of the goods at the port of discharge | Hague-Visby Rules, Art. III.6 |
| Sea, non-apparent damage | Within 3 days | Hague-Visby Rules, Art. III.6 |
Mexico is a party to the Montreal Convention, promulgated in the DOF on January 8, 2001. In air transport there are 2 years to sue the carrier; at sea under Hague-Visby, 1 year from delivery.
How it affects imports from China
On every delivery. If an air shipment from Shenzhen reaches Mexico City with dented boxes, note it on the delivery receipt, take photos on the spot and send written notice within the deadline. Without that notice, your cargo insurance may also refuse to pay, because it loses its recovery right against the carrier.
The common mistake
Signing a clean receipt “so as not to hold up the driver” and opening the boxes days later. A clean signature works against you. Coordinate receipt with your logistics provider and check the cargo before signing, especially at the last mile.
Need help with a claim? Write to us and we guide you through the paperwork.
Sources: Montreal Convention 1999, Mexican promulgation decree, DOF Jan 8, 2001; ICAO, list of parties to the Montreal Convention; Hague-Visby Rules, Art. III.6 (UK Carriage of Goods by Sea Act 1971). Current as of October 14, 2026.
