Guide

How to inspect a closeout load and file a freight claim

Count and inspect before the driver leaves, photograph everything, and write specific exceptions on the delivery receipt. Keep the damaged goods and packaging, then file a written claim with the bill of lading, receipt, invoice, photos and repair or replacement cost. Carriers cannot set a filing deadline shorter than 9 months.

Reviewed by Tyler Kober · Updated

Key takeaways

  • Write specific exceptions on the delivery receipt before signing, such as "3 pallets leaning, 8 cartons crushed". General words may not protect you.
  • Photograph the seal, the trailer and each pallet before unloading.
  • Keep damaged goods and packaging until the claim is settled or the carrier releases them.
  • Under the Carmack Amendment, carriers cannot set a claim filing deadline shorter than 9 months from delivery.
  • A freight claim goes to the carrier. A manifest or condition problem with goods loaded that way goes to the seller.

How do you inspect a load and file a freight claim?

Before the driver leaves, check the seal, count the pallets and look at every one. Photograph damage in place. Write specific exceptions on the delivery receipt, then sign. Keep damaged goods and packaging. File a written claim with the carrier, with the BOL, delivery receipt, invoice, photos and the cost of the loss. Carriers cannot set a deadline shorter than 9 months.

Receiving is the last point where you have real bargaining power with the carrier. Once you sign a clean receipt and the truck pulls away, proving the damage happened in transit becomes much harder.

Receiving: step by step

  1. Have the paperwork ready. Your copy of the bill of lading with the pallet count and seal number, and the manifest.
  2. Check the seal before the doors open. Does the number match the BOL? Is it intact? Photograph it. A broken or different seal is a note on the receipt by itself.
  3. Photograph the trailer as it opens. One wide shot from the back, before anything moves. Leaning, shifted or collapsed pallets are evidence only while they are still in the trailer.
  4. Count pallets as they come off. Compare with the BOL. Short is short, even if the driver says the rest is coming.
  5. Inspect each pallet. Torn wrap, crushed corners, wet cartons, broken pallet boards, holes, signs of re-wrapping (which can mean someone opened it).
  6. Stop and photograph damage in place. Do not break down a damaged pallet before taking pictures.
  7. Write exceptions on the delivery receipt. Be specific: "Pallet 6 crushed top, 9 cartons damaged. 1 pallet short of 24 on BOL. Seal 12345 broken on arrival." Then sign and date.
  8. Get the driver's signature or initials on the exceptions if possible. Keep a copy or photo of the signed receipt.
  9. Unload the rest and check inside the cartons as soon as you can, for concealed damage.

What not to sign

  • A blank or clean receipt when you have seen damage
  • A receipt with only "subject to inspection" when you can see problems now
  • Anything that says you accept the load "in good order" before you have counted it
  • A driver's own form that you have not read

Drivers are often in a hurry. That is the carrier's problem. Take the time.

Concealed damage

Concealed damage is found after delivery, under wrap or inside cartons that looked fine. Report it to the carrier in writing as soon as you find it. Carrier tariffs often set a short window for reporting it, so read the carrier's tariff or ask for the concealed-damage rule in writing before delivery, and report on the same day you find it. Stop unpacking, photograph everything, and keep the goods and packaging for the carrier's inspector. The carrier will ask whether the damage happened in transit or after delivery, so timing and evidence matter.

Freight claim or seller dispute?

Not every problem with a load is a freight claim. Work out where it started.

What you find Likely cause Who you claim against
Crushed or tipped pallets, wet cartons, noted on receipt Transit handling Carrier (freight claim)
Fewer pallets than the BOL, seal intact Loaded short or counted wrong at origin Seller, and check the BOL wording
Fewer pallets than the BOL, seal broken or missing Possible theft or loss in transit Carrier, and report theft where needed
Right pallet count, wrong items or lower grade than manifest Seller's manifest or description Seller under your deal terms
Damage already noted on the BOL at pickup Pre-existing at origin Seller, if covered by your deal
Concealed damage with no outside sign Unclear Carrier first, with fast reporting

If the trailer arrived sealed with the seal number matching the BOL, and the goods are simply not what the manifest said, that is a manifest or condition question for the seller. See manifest accuracy and variance. Closeout deals sold as is, where is may limit what you can claim from the seller, so read your terms before you buy.

The law in short

For interstate shipments in the US, the Carmack Amendment (49 U.S.C. § 14706) makes carriers liable for actual loss or damage to goods they carry, subject to limited defenses and any agreed liability limits. A carrier may not set a filing deadline shorter than 9 months from delivery. Many LTL shipments move under released-value terms that cap liability per pound. The cap is written in the carrier's tariff, can be lower for used goods, and is often far below the value of a closeout pallet. Check the BOL and the carrier's tariff before you ship high-value goods, and buy cargo insurance if the limit is too low. For the regulator, see FMCSA.

This is general information, not legal advice. For large claims, talk to a freight claims specialist or lawyer.

What documents does a freight claim need?

A written claim needs enough detail for the carrier to identify the shipment and a specific amount. Send:

  1. A claim letter or the carrier's claim form, with a specific dollar amount
  2. The bill of lading
  3. The delivery receipt with your exception notes
  4. The commercial invoice or purchase confirmation showing what you paid
  5. Photos: seal, trailer interior, each damaged pallet, cartons and contents
  6. A list of damaged or missing items, with quantities and unit cost
  7. Repair estimates or proof of replacement cost, if relevant
  8. The freight bill, if you are claiming freight charges on lost goods
  9. Any inspection report from the carrier

File with the carrier, not just the broker, though a broker can help you. Federal rules for interstate carriers set timeframes to acknowledge a claim and to pay or decline it, and the carrier's tariff spells out its own process. Keep a dated copy of everything you send and follow up in writing if you hear nothing.

Worked example: a mixed outcome

Illustration only. Counts are hypothetical and the price is a letter, not a market figure.

A buyer receives 24 pallets, each holding 100 units, paid at a price of G per pallet. The goods cost G ÷ 100 per unit.

At the dock:

  • The seal matches the BOL and is intact.
  • Pallet 9 is tipped over in the trailer. The buyer photographs it before unloading and notes "P9 tipped, approx. 30 units crushed" on the receipt.
  • All 24 pallets are present.

After unloading, the buyer opens every pallet. Pallet 14 contains a different product from the one on the manifest.

Claim against the carrier. 30 crushed units × (G ÷ 100) = 0.3 × G in goods, three tenths of one pallet's cost, plus a share of freight on those units if the carrier's terms allow it. The buyer files a written claim with the BOL, the noted receipt, photos and the purchase invoice.

Dispute with the seller. Pallet 14 is a manifest problem, not a freight problem. The seal was intact, so the carrier did not swap the goods. The buyer contacts the seller under the deal terms, with photos and the manifest line.

Two problems, two different parties. Mixing them up wastes time with both.

Mistakes to avoid

  • Unloading first and photographing later. A tipped pallet stood back up is no longer evidence.
  • Throwing away damaged goods or cartons. The carrier may want to inspect or salvage them.
  • Vague exceptions. "Damaged" says nothing. Count and describe.
  • Claiming the wrong party. A manifest error is not the carrier's fault.
  • Missing the concealed damage window. Open cartons quickly.
  • Claiming without a number. A claim needs a specific amount.
  • Not checking liability limits before shipping. A released-value cap may cover a fraction of the load's value.

Before it happens again

Most claim pain starts at pickup. Count, photograph and record the seal there too; see how to pick up a closeout load. Choose carriers you have checked, as in freight broker or own carrier. The freight and logistics guide covers the full chain. Skyline Dealz Marketplace offers closeout pallets and truckloads to approved buyers with condition notes and, where one exists, the manifest; to receive loads that match what you buy, request access.

Frequently asked questions

How long do I have to file a freight claim in the US?

For interstate shipments, the Carmack Amendment (49 U.S.C. § 14706) stops carriers from setting a claim filing deadline shorter than 9 months from delivery. Your carrier's tariff or bill of lading terms set the exact period, and concealed damage usually has a much shorter reporting window. File in writing as soon as you can, while evidence is fresh.

Is writing "subject to inspection" on the delivery receipt enough?

Often not. Many carriers and courts treat a general note like that as a clean receipt. Write what you actually see, including the number of pallets or cartons damaged, what the damage is, and anything missing. If you cannot inspect fully before the driver leaves, note what you could see and report anything else promptly in writing.

What is concealed damage?

Concealed damage is damage you find only after delivery, when the outside of the pallet or carton looked fine. It is harder to claim because the carrier will ask whether it happened in transit or at your site. Report it to the carrier in writing as soon as you find it, stop unpacking, photograph it and keep everything for inspection.

Should I file a freight claim or complain to the seller?

Ask where the problem started. Damage or shortage that happened in transit, shown by notes on the delivery receipt, a broken seal or crushed pallets, goes to the carrier. Goods that do not match the manifest, wrong items, or condition that was already there when loaded go to the seller under your deal terms. Some problems need both.

Sources

Selling or buying closeouts?

Send a list or manifest and we'll come back with an offer. Approved buyers see live loads, prices and manifests. Or call +1 215 278 4122.