Who is liable when products arrive dead on arrival?
Liability for DOA depends on the transport terms, the responsibility for packaging and the point at which the damage occurred. Usually, the responsibility lies with the party that packaged the goods inadequately or with the carrier that acted negligently.
When transport is under your own responsibility (such as under EXW delivery terms), you, as the sender, are liable for adequate packaging. If the product arrives DOA due to insufficient protection, you cannot seek recourse from the carrier. However, the buyer may hold you liable for defective packaging.
When you deliver on a CIF or DDP basis, you are responsible for the product until it reaches its destination. DOA resulting from transport damage is then at your risk, unless you can prove that the carrier acted negligently. Documentation of the condition of the packaging and transport conditions then becomes crucial in determining liability.
Packaging as evidence in DOA liability cases
Liability discussions around DOA often become difficult when it is unclear whether the damage was caused by the carrier, the sender, the packaging method or the handling process. At Faes, we help customers reduce that grey area by making packaging choices explicit and technically defensible. Instead of selecting a case or crate as a standard transport item, we define what the product needs to survive: how it should be supported, fixed, protected against impact, sealed against environmental influences and handled during transport or storage.
This is especially important for high-value, sensitive or mission-critical equipment. When the packaging concept is engineered around the actual risk profile of the product, it becomes easier to prevent damage and easier to demonstrate that the sender took appropriate measures. In that sense, packaging is not only a protective layer around the product; it is also part of the risk file behind the shipment.