Total Quality Logistics (TQL) BEWARE

TQL has very unethically Business practices. I am a small trucking company and have worked with TQL for a little over 3 years. Over the past there have been a couple of instances where my truck was at the location required on the Rate Confirmation. Mysteriously, when I called for the load confirmation, the load was apparently hauled by the customer. According to TQL's Rate confirmation, when this happens the "Truck Order not used" claus doesn't apply since the load confirmation wasn't issued. The second time this happened, I know I wasn't supposed to, but I called the customer direct and asked him if he moved the load. The customer indicated that, No, a TQL truck came in earlier and pick the load up already. Hummm, interesting. Surely TQL wouldn't give the load to another carrier at a lessor rate, would they? I figured this was just part of the business to contend with. BUT NOW TQL has really went into a dark area, in my opinion. In December 2013, one of my trucks was hauling a TQL load from TX to WA. unfortunately my truck along with 3 other trucks got caught in a wind storm in WY and were blown over. I immediately notified TQL and our Insurance Company. The next day the van was up-righted and taken in to a holding yard. The cargo was transloaded to another van and still made the delivery schedule on Friday in WA. Well to make a long story short, TQL sent a Notice of Dispute, withholding the previous seven invoices from November 2013 due to a "Potential Claim" on this accident in December. I contacted TQL and reminded them that the previous seven invoices were Tendered, Hauled and delivered so why were they withholding payment. They said "well that was there policy". I ended up going from one supervisor to another regarding this matter. I even read their contract over the phone to each of them because the only place in it that says anything about Brokers right to off-set claims with pending invoices is in section 8 (e) which is very clear in black and white. Basically it says that the carrier has 30 days in which to respond to a claim submitted and if the carrier doesn't respond within 30 days, the carrier assumes full responsibility for the claim amount. Then the last sentence says Broker reserves the right to off-set any claim(s) with pending invoices. I asked them how can you use that to withhold my invoices as you haven't sent our company any claim yet. My Insurance Company has even been in constant email with you asking for a claim. TQL says that since their customer hasn't filed a claim with them yet, they cant send me a claim amount and they have according to the "Carmack Amendment" a customer has up to Nine months in which to file a claim. I told them I could understand it if I failed to respond, however I cant respond to something I haven't gotten yet. It is now March 18, 2014 and still no resolve. I filed on their bond, however one of the load were Christmas Trees and four of the loads were Intrastate loads which are both exempt under the bond filing.

If you haul for TQL please be careful, this could happen to anyone.

Ken:

 

Does anyone know how much trouble I can get into if I contact and bill the shipper since TQL wont pay the freight bill?