Partial rejected load, how would you handle this?

Discussion in 'Ask An Owner Operator' started by SteveScott, Jan 22, 2021.

  1. SteveScott

    SteveScott Road Train Member

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    So yesterday I was delivering a chilled load to a Costco DC in Sumner WA, and as I was leaving I noticed 2 pallets of product left in my trailer. At the guard shack, the exit BOL stated that they didn't order the product left on my trailer, and shorted the order by 2 pallets that they did order. Okay, not my problem, it's a mistake made by the shipper. This was booked through Convoy, so I took pictures of the pallets and forwarded them onto Convoy and waited an hour off-site. When they finally called me back, they told me I was clear to leave the area since rejected product usually gets discarded or returned to the shipper.

    To further complicated matters, I had another load scheduled later that afternoon that was a frozen load. I drove about 100 miles south and pulled into a truck stop where I still sit this morning. I called the shipper yesterday and while they were very understanding of my plight, they didn't have an answer for me, and it was now after 3:pm and Costco was no longer responding to messages. The shipper included me on the email thread regarding this load between all parties. I was surprised to find out that Costco and the shipper knew of the error while I was still at their facility, and Costco had agreed to take the product anyway, but that wasn't conveyed to me or Convoy while I was there. So as far as Convoy and I was concerned it was just a flat rejection. Now I'm being told that I may have to drive the 2 pallets back up for re-delivery sometime today. Since I was included on the email, I decided to tell everybody involved what my price would be for re-delivery, which includes the lost revenue for the canceled load, and $250 layover pay. I also told them that if they want the product returned to the shipper, the rate would be the same as the rate to bring the full load up to Washington from California.

    I gave them until 0900 this morning to give me an answer, or I would be heading back to CA to dispose of the pallets as I see fit. I looked up the product on the Costco web site, and I figure I have about $5,000 (retail) of product on my truck. It's some kind of dried fruit.

    Did I overstep, or am I within my rights to make such a request?
     
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  3. p608

    p608 Road Train Member

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    It's a tough spot to be in, I wish I could offer some advice. it will be interesting to see what the Truckkstop lawyers have to say.
     
  4. 86scotty

    86scotty Road Train Member

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    Where's the popcorn. This sucks, Steve. It's inevitable for all of us eventually though, even if you don't haul food. Hoping to hear a good outcome but I bet it won't be ideal.

    FWIW, I don't think you overstepped your bounds. This is a problem in the industry. As middle men we are at risk of getting stuck with stuff like this, you gotta play hard defense to not lose money.
     
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  5. SteveScott

    SteveScott Road Train Member

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    I forgot to mention that the product is 2 pallets of Goji berries. Yeah, I had never heard of them before. People eat them as a healthy snack, and they've used in Chinese and Mexican cuisine. Costco sells 2 - 20oz packages of them for around $35, and I have a bunch of them. Maybe if I get stuck with the pallets, I can sell them to a local Chinese food distributor.
     
  6. 062

    062 Road Train Member

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    Maybe @wichris has some suggestions. I wouldn’t hold my breath waiting for them to pay for the missed load.
    Most likely you’ll end up striking a less than ideal rate just to get it off the truck.
     
  7. cke

    cke Road Train Member

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    I’ve NEVER had anybody leave anything on my flatbed
     
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  8. wichris

    wichris Road Train Member

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    Leaving any distance from the delivery before a resolution isn't the best idea. If you live by broker freight you'll have to come to some agreement. Threatening the shipper isn't the best thing to do, your problem is with convoy.
     
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  9. SteveScott

    SteveScott Road Train Member

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    Generally I would agree, but as I stated in the OP, the receiver knew about the problem as I was being unloaded and didn't act on it. They had already agreed to take the additional product but didn't inform myself or Convoy of that. It sounds like a lack of communication that could have easily been rectified but wasn't, and as usual the carrier is the one left holding the bag.

    I wasn't threatening the shipper at all, just letting them know how much it will cost to fix their mistake. They can either accept of reject my offer. Expecting a carrier to cover their butts for free isn't going to happen.
     
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  10. wichris

    wichris Road Train Member

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    Their contract is with convoy, not you. Their resolution is with convoy, not you. That is the problem of hauling broker freight, you're not in the loop.
     
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  11. TallJoe

    TallJoe Road Train Member

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    Disposing of the product without any instruction from the broker could result in a claim against the carrier. Perhaps in some situations, it may still be more cost effective from being held hostage to the product for days on end but Convoy should resolve this by todays afternoon as soon as people with some authority show up at work.
     
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