Broker punishing me for their mistake

This is false. You have a contract with them. You have no contract with the shipper or the receiver.

 

Huh?

OK. Strictly speaking a contract is just an agreement between parties. A written document is technically not a contract but rather evidence of a contract. As evidence goes though, documents are really good evidence and always have been. That's why everyone relies on them.

 

I think you misread. You have a contract with the broker. That's what I said.

You're wrong about the rest though.You also have a contract with the shipper once you accept the load. A contract is just an agreement. Do you think the shipper has no expectations of you when they entrust you with their goods?

 

1. Airway bill or bill of lading.
2. Commercial invoice.
3. Packing list.
4. Survey report and photographs of damaged cargo.
5. Claim value calculation.
6. Salvage invoice/s or destruction certificate.

Documents in order for a freight claim. Rate con must be further down the list.

Bringing the load back just mitigates the overall claim amount.

Broker can't file the claim, only the shipper(owner of product) The shipper may go after the broker without filing a claim.
If a claim is filed, good luck with that rate con.

Have seen berry claims won against the carrier because the driver ignored the mold on them. Don't know how to handle reefer, stay out of it.

 

The shipper has expectations on the broker. With whom they have a contract. The broker has expectations on you. With whom they have a contract. And expectations don’t make a contract. A written agreement makes a contract. You don’t have a written agreement with the shipper.

 

I've already been over this. A contract does not have to be written. And yes, expectations do make a contract if you accept them. The only thing a document does is protect the parties against future disagreement as to what was expected. A document is not required in order to have a contract though.

Do you think no carrier has ever been sued by a shipper?

 

Do you know of a specific incident where a shipper sued a carrier for breach of contract. When that carrier was hired by a broker? If so what are the details? Or is this all anecdotal?

 

No, I saw that. It's not going to do him any good though because guess who's going to be responsible for the cost of a ruined load. That rate con and what the broker said aint going to save him.

And hopefully he didn't book it from TQL. They won't even pay you on a load with a claim until it's resolved. They're supposed to, but they don't. They're famous for that but they're not the only one.

 

Broker says one thing.
BOL says another.

What if receiver wanted it at different temperature and told broker but not shipper?

Anything is possible.

Best not to move until all parties on same page.

 

Whatever the BOL says is what you agreed to, in my opinion. Would you sign a BOL that says 26 pallets if they only loaded 2?

BOL is a contract that passes responsibility of the freight onto the carrier while transporting the product to consignee. By the shipper signing your copy and you signing their copy, both of you agreed to the terms listed for how the product would be transported to the consignee.

Same reason a consignee providing a clean bill with a signature can't come back and say they're suddenly 10 pallets short 2 weeks later. Of course, it could get a little convoluted with concealed damages, or if a shipper sent 100 empty cases lol.