Please help. Need advice with ongoing truck load issue

Well Haulin' here is the issue I can see, even if they signed the agreement and agreed to the route, the actions of the broker by telling them to bypass one ag station to avoid an inspection nullified the entire contract. It wouldn't matter if they were told to go to the other one or not, isn't all the Ag inspection stations setup to deal with the same thing - inbound produce and ag products, so one can handle the same thing the second one could. UNLESS there is an undisclosed reason why, like the one the broker selected would not make an inspection or that they were closed at that time, which goes to the specific reasoning to avoid inspections to off load the corn which was tainted which nullifies the contract because the broker is setting up the driver to so something illegal.

The other issue is this, I do not allow my drivers to sign an agreement with a broker who tells them how to route unless it is very customer specific, then we have to have decision making powers still left up to the driver. Any broker telling my drivers where to go will not get my truck for their use.

 

I can completely agree with everything you said. My post was really looking at it from the perspective of the broker, his thoughts and how he is going to proceed in the matter.

Of course lawyers and judges have all sorts of rules, loopholes, smoke/mirrors and hokus pokis at their disposal so if it should end up in court who really knows how it would turn out... Except we all know it's going to cost even more time, agrivation and money just to find out.

That's why I suggested the OP try to play nice and see if the kind hearted, honest, trustworthy broker will be willing to help out any, accept the "help" and cut his losses as much as possible. At this point there is simply no way he is not going to have a loss, just try to mitigate it as much as possible and move forward...

 

The bugs where not coming from us. It was the Freight that they loaded. We do not and cannot take any responsibility for the quality of the produce that is loaded.

 

I did follow all the direction about the delivery time, place and date. I did everything that I have to do. Contract does not state to drive around and go thru different inspection place. The instruction about driving around he posted in the comment section. Contract does not state to brake the law and try to go around it

 

Response from the broker will be, "The comments section is part of the contract. And I did not tell you to go around the inspection point, only which one to use, why I wanted you to use that one is my business, your business is to follow instructions an not second guess them without knowing the facts or reasoning behind said instructions".

Again, that's going to be the brokers point of view, not necessarily mine.

You could always hire a lawyer, pay the $10,000 retainer and court costs.. Or eat your anger and pride, suck up to the broker and try to salvage some of the lost income... Your call..

 

Bet that corn is going to be tasty after they set the bug bomb off in the trailer.

 

I thank god everyday for getting me away from
Pulling a reefer and dealing with produce.

Pay the 900 bucks,get rid of that load anyway you
Can and move on.

 

Bugs weren't found until the ag station so the broker wasn't trying to get you to run around it. If you went through the Needles station, fumigation is higher cost than the Algodones station. Lot's of companies have accounts set up for fumigation, could also be the reason.

 

Broker clearly asked us by the phone when we where coming closer to CA if we now anyways to go around it without being checked. He clearly knew what was going on. It is easy for you to comment when you are not involved.

 

You said he wanted you to take another (longer) route through a different ag station. Now you say he wanted you to by-pass it. You agreed and then went a different way. Having to fumigate a load going into CA is done all the time.