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MEBIKON | NEWS

Newsletter History

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Dec 2022

We wish a Merry Christmas and a reflective time with the family 🎁

Nov 2022

Our actions for the MEBIKON Christmas Special! 🎁

Oct 2022

Invitation to Orgatec in October 2022

Sep 2022

The MEBIKON FAIR Service

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MEBICON | LEXICON

MEBIKON | FAQ Logistics & Transport

Questions and answers about shipping and delivery

Wir sind davon überzeugt, dass Fragen schlau und Antworten noch schlauer machen. Deshalb geben wir Ihnen hier die Antworten auf die häufigsten Fragen, die wir rund um die Themen Logistik und Transport erhalten. Sollten Sie hier keine passende Lösung für Ihr Anliegen finden, dann zögern Sie nicht, uns persönlich anzusprechen. Die Ansprechpartner finden Sie am Ende dieser Seite.Transportschäden werden in offene und verdeckte Schäden unterteilt. Ein offener Transportschaden liegt vor, wenn eine äußerlich sichtbare Schädigung der Ware oder ihrer Verpackung vorliegt. Verdeckte Schäden liegen vor, wenn die Verpackung keine Schäden aufweist, ihr Inhalt sich hingegen als schadhaft herausstellt und der Schaden sich nicht durch eine erste zumutbare Untersuchung feststellen lies. Die Unterscheidung beider Schadensarten ist bedeutsam für die Haftung des Transportdienstleisters.

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What to do in case of open transport damage?

Open transport damages are to be reported to the driver immediately. Acceptance of the goods in transit must be refused. The damage must also be recorded in writing on the freight documents and confirmed by the carrier. If the carrier does not have freight documents, please use the Kern & Stelly delivery bill located in the shipping bag on the outside of the goods. You may also use a self-made damage report. It is advisable to document the transport damage photographically.

What to do in case of hidden transport damage?

Concealed transport damage usually only becomes apparent when the goods are unpacked. For this reason, all goods received should be unpacked and checked even if the packaging is intact. The HGB §438 provides for a notification period of 5 working days. If concealed transport damage is reported after the 5 working day period, the insurance company will refuse to settle the claim. Kern & Stelly will then not be able to arrange a credit note for the goods in this case. Please note that you as the customer are obligated to unpack and inspect the goods if hidden transport damage is suspected. If damage becomes visible during unpacking, please make sure to report it, have it confirmed and document it, just as in the case of open transport damage. In any case, a concealed damaged shipment must not be unpacked further if the damage becomes apparent. In this case, please also document the damage with several photos from different perspectives.

What is to be observed during the receipt of goods?

When receiving goods, whether you are receiving a package from a parcel service provider or a pallet from a freight forwarder, the following points must be observed:

  • the goods must be undamaged, in original packaging and dry
  • if you can take the goods in your hand, there must be no obvious rattling noises that indicate that the goods in the packaging are defective
As a customer, do I have to unpack and inspect the goods if the packaging was damaged during transport?

Yes, if there is a presumption of hidden transport damage, you as the customer are obliged to unpack the goods and check accordingly whether there is hidden transport damage. If complaints regarding quantity or damage are not made within the 5-day period, not sufficiently or not in time, it is assumed by law that the goods were delivered complete and undamaged and the burden of proof is reversed, so that the customer must prove that the named damage occurred during transport.

How to report detected damage?

If you have noticed damage to the delivered goods, you must first report the damage to the carrier or parcel delivery service. To do this, you must note the damage with a brief description on the handheld device for parcel services, the delivery bill or the consignment bill upon delivery. The more precise and specific you describe the damage, the better. Always have the carrier countersign the description of the damage so that it is clear that both parties agree that there was damage to the goods. This is very important later for proof with the insurance company.
Make a copy of the waybill or delivery bill if no copy or carbon copy remains with you. A photo with your smartphone is also quite sufficient.
Afterwards, please take more photos from different perspectives of the goods, the damage and the shipping packaging so that the damage is well documented. Then unpack the goods and please check whether there is damage to the goods themselves or its accessories in addition to the external damage to the cardboard box. According to the German Commercial Code, the person who accepted the goods is obliged to immediately check the goods for damage, completeness and defects within 7 days after delivery, otherwise the goods are considered to have been properly and completely delivered.
If you then find that there is damage to the goods, please send all documents and photos of the damage immediately to the Kern & Stelly contact persons listed below. The colleagues will take your request and process the case as soon as possible.

Confirmation by the driver in case of detected damage?

As soon as you have noticed any external damage to the goods, please note with a short description what the damage looks like, where it is located and whether the goods inside are already damaged visible from the outside? Note this information either on the consignment bill, which the driver has with him, or if there is not enough space, on the enclosed delivery bill. It is also acceptable to document the damage on an extra sheet of paper.
It is important that you and the carrier both acknowledge the damage and the record of it. Make sure that the name of the carrier is legible and note the date and time. Then take sufficiently informative photos of the goods, the damage and the shipping packaging from as many perspectives as possible. Once you have documented everything, according to the HGB, you must unpack the goods within 7 days of delivery and check whether the goods and its accessories are intact. If you then find that there is damage to the goods, please send all documents and photos of the damage immediately to the Kern & Stelly contact persons listed below. The colleagues will take your request and process the case as soon as possible.

Keep packaging in case of detected defects?

No, we ask you to keep the complete shipping package (film, tapes, pallet, drawstrings and warning stickers), as well as the packaging of the goods for evidence and not to dispose of them. Our goods are packed according to a specific pattern and sent on their way. Kern & Stelly uses specific products to prove that the goods have not been repacked or repackaged by third parties during transportation. Therefore, it is important to know how the goods arrived at your or your customer's premises and which packaging materials were used. This helps in reconstructing the course of the damage. After final clarification, you may dispose of the packaging and shipping packaging properly.

How quickly must concealed damage be reported?

According to HGB § 438, concealed transport damage must be reported to Kern & Stelly within 5 working days after delivery of the goods. We therefore strongly recommend unpacking all delivered goods within the 5-day period and checking them for damage. If complaints regarding quantity or damage are not made within the 5-day period, or are not made sufficiently or in a timely manner, it is legally assumed that the goods were delivered complete and undamaged and the burden of proof is reversed, so that the customer must prove that the named damage occurred during transport.

Can the driver also deliver the goods to the building?

The question must be answered with an unequivocal NO. The carrier may only make the goods available for unloading. The delivering entity must ensure that the goods are unloaded from the truck, because from the moment the goods are made available for unloading, the risk and therefore the liability is transferred to the customer. It is common practice in the logistics industry for the driver to lower the goods to the ground with the lift truck. In this case, the customer has a duty to cooperate if the driver needs or asks for assistance. Sometimes it is necessary to fix the lift truck on the lifting platform so that the driver can operate the lifting platform. Please inform your customers about this when making a delivery at the point of use.
The carrier is not allowed to move goods into warehouses or buildings, as this operation is not covered by insurance. Furthermore, the unloading process is considered standing time for the carrier and the longer it lasts, the less rest time the carrier has during his actual break.
Please ensure that when goods are delivered to the place of delivery, there are sufficient personnel and technical equipment to unload the goods from the truck and bring them to the premises. Ifyou cannot ensure this, we will be happy to offer you two-man delivery or additional assembly services.