First Rejected Load

How any of us would have played it doesn't really matter.

When you handle conflict the same way someone else does that's nothing like your persona, it never works.

You gotta do what you think is best, not what I think is best.

Let us know what happens though.

I do have a question though-

What is a sterile suit?

 

As an owner operator, I would have hired a lumper and had those flour bags moved to unload the rest of the trailer.

It's better to lose a few hundred dollars paying a lumper, that to be totally honest, Convoy would have reimbursed you for anyways, than to ever fall off 3 more pre-booked loads and lose thousands, any day if the week.

Then you should have just took pictures of everything then let them know they gave 1 day to figure things out about the damaged product....

But....

As for your current situation,

1. The damage to the product was clearly not your fault. This is in your favor in case that try to do an insurance claim against you.

2. Give them 1 DAY, and only 1 DAY to figure out what they want done with the product. Time is money, and because it's not your fault, they need to compensate you more than just layover.

3. The RATE to take the product elsewhere needs to be in line with the rate you initially received... once they find a customer to sell the damaged product to or a warehouse to store it, let them know it was not your fault, and the rate needs to realistic, and that you don't HAUL CHEAP FREIGHT. If they can't give you a decent rate, then tell them your just going to have to take it to the nearest storage facility and get it off your truck ASAP. It should never come to this, unless the freight isn't worth much.

4. Never ever prebook 4 loads ahead, unless they are with different brokers. Falling off 3-4 loads from 1 broker all at once is an easy way for them to BAN you. Some brokers, like Convoy, I believe only allow 3 fall offs within 6 months and your done. That said, I quite often book 3-4 loads ahead, but almost never all through the same broker. That way if something like this ever happens, I'm only failing off 1 load from each broker.

Again, all this could gave been avoided had you just got a lumper, or even had Convoy issue a Comcheck for a lumper, that way you never have to pay out of pocket.

Good luck!

 

So what does convoy's broker agreement say about refused/rejected loads/product?

 

Pretty sure there is a section concerning claims. If I was in the office I would pull up a copy.

 

1. Convoy may assist Shippers with claims against Carriers for lost, damaged, delayed or destroyed cargo and Carrier acknowledges and agrees that Convoy may likewise file such claims directly as the assignee of the Shipper. Shipper and Convoy shall have twelve (12) months from the date of delivery of any Shipment (or, if no delivery, then not less than twelve (12) months from the date on which delivery should have occurred) during which to file claims. Shipper and Convoy shall have not less than two (2) years from the date of denial of all or any part of any such claim during which to initiate a legal proceeding with respect to such claim. Carrier will pay, deny or offer to settle any claim hereunder within thirty (30) days of submission. Otherwise, 49 C.F.R. Part 370 will govern processing of claims.
2. Shipper shall have sole discretion as to whether to allow salvage of any damaged Shipment. If no salvage is allowed, Carrier shall not be entitled to a credit for salvage value. Any expenses incurred in preparation of goods for salvage shall be borne by Carrier.

 

OP did nothing to mitigate the rejection of the load. Hire someone to move the product and then deal with just that as a claim.

 

Wait and see if there’s even going to be a claim. Shipper and receiver is the same, right? Only mistake I see, if I’m understanding it right, is booking with Convoy again after they caused the original problem. Maybe not in this case, but some Brokers will play a game of bait and switch on you, in order to move a difficult load. Create a problem, then find a solution, claiming your best interests in mind. Right now I’m looking at a bunch of loads posted by Coyote. Best rates on the board. I’ll pass though, burned twice by them already, with loads that weren’t as described. I don’t care what they have available. Don’t have time for games. Good Luck, it will probably not amount to a claim anyway. Not your fault. Take lots of notes names and pictures, so they know you’re serious.

 

It strikes me as a very unfair story. They loaded your truck. They offered you NO control on how it is loaded. Then the same company rejected the load loaded by their own workers? There should be some redress.