Possible freight damage-advice needed

Live trees? Sitting on a flatbed wouldn't be any different than sitting on the ground

 

Why do people even sign the BOL? Seriously, it is there to protect the driver and customer. You signit.... it should be over. I am hearing this more and more often. And yes this is transportation, things happen often that are out of the drivers control. If the load , whatever it may be, needed to be there and was delayed for whatever reason... then another truck should have been dispatched to "rescue" the load and get it to it's destination. Customer should have done a thorough check upon delivery for any damages. I see the persons point but isn't this the reason we have BOL's. Grateful the guys I work with have gone electronic. Rant over.

 

Any Penalties from the Consignee for a very late delivery?

 

I know that, but since it was a week late they might be penalties involved if in the contract.

 

Clean BOL. If there is damage later on there is no way to lay that on the delivery.
Like its hard to accept a load that shows no damage, and then say wait, the damage is going to happen later.

 

They could claim hidden damage but the reality is they need to be checking the cargo as it comes off the truck. The greater the distance between delivery and claim makes it look suspect. The customer should always check cargo before signing the BOL.

 

FYI- Trees are exempt

It may come down the small claims court in your area, assuming you have a clause in your agreement stating were issues are to be taken up. Otherwise it could come down to their jurisdiction in which case you will pay up as it is usually cheaper than traveling.

It doesn't appear as though you are familiar with things like shipper load and count, hidden damage, items of a contract, or the Carmack Amendment? I would probably start there.

Without knowing the details of your contract with the carrier, especially the limits and over rides of Carmack or how the transportation of exempt items are handled,or your amendments of the contract (rate con), or your statement of position with your customer (it sounds like you hold a position of intermediary as they are seeking advice on a claim like it should be), it would be impossible to offer accurate advice on this movement.

All exempt items should be hauled without extending credit, ie COD. Brokers have screwed this up as it was intended to be handled due to the complexity of the products and their susceptibility to spoilage/damage because they couldn't figure out how to get a cut on a COD shipment without the carrier figuring out their greedy cut. Instead of invoicing the customer for $x and then having the customer pay the carrier the remainder at delivery. And most carriers aren't versed enough to know where to look or how to wade through the red tape.

Good Luck

 

Depends on whether they were balled & burlap or container trees. B&B,they will probably be ok,containers maybe not. I haul trees regularly & if I have a breakdown that I see is going to take more than a day or so to fix then I will get someone else to deliver them.Sitting there for a week is really unexcusable.