What would you do?

Discussion in 'Refrigerated Trucking Forum' started by JustaGuyinTrucking, Oct 1, 2017.

  1. JustaGuyinTrucking

    JustaGuyinTrucking Light Load Member

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    Booked a load with a broker for a low rate to get out of a situation. Its multiple picks and multiple drops. Driver picks up on time and followed the instructions. Makes delivery #1, the driver calls me (dispatcher/owner) says the load wasn't loaded right and gets the first guy to rearrange the load to match his paperwork. Almost immediately, I get an email from the broker with new BOL's mid-delivery. I forward them to the driver but the driver gets confused. The driver makes an executive decision to follow the printed BOL's and makes all deliveries. Two pallets remaining, drivers out of hours. He asks the pallets to be taken off and wants to go home.

    I understand its the driver's fault for not following the new/updated BOL's but not often times do brokers change what gets delivered and where?? The driver is saying its broker's fault for not properly communicating and the broker is saying it is the drivers' fault.
     
    Last edited: Oct 1, 2017
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  3. x1Heavy

    x1Heavy Road Train Member

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    If Updated BOL's came from BROKER after the load is SHIPPED in the BOX (Assuming proper temp etc and no existing damage) which you recieved during the mid delivery of the stop number one... those BOL's must match the contents of the trailer as SHIPPED.

    Compare the two total copies of BOLs. The old one given to Driver at shipping prior to stop number one. And the new one faxed to you during the mid delivery of stop number one.

    BOTH BOL;s IDEALLY should contain very identical data down to the exact count of everything loaded into that trailer by SHIPPER. IF... both BOL's MATCH each other in product case count, weights, type, etc etc etc... then the DRIVER has failed to verify during LOADING the count and product loaded etc and it is HIS ERROR )Over, Short and Damage). In my time a driver has to be in the dock and count the actual product, count the boxes of same any and all and verify that the SHipper is issuing a BOL that matches that count in the trailer loaded. Prior to leaving shipper. Once your driver has accepted the BOL from shipper he or she as the agent of the company is certifying that whatever and everything in that loaded trailer is what is in that BOL and also accurately reflects what is in that trailer.

    If anything is left over, short or damage you handle the problem per your policy as the Company Boss, Officer, Owner, Dispatcher etc. Whatever it may be. In my time if I had two boxes of salad dressing left over on the reefer floor, I got to buy it, take it home and eat it. Because it's coming out of my check by you that deducts the value of those overages, shorts or damage.

    IF for whatever reason, the UPDATED BOL sent to you now contains the products going to whomever stops in it's entire load and driver failed to deliver it correct at a stop somewhere he has to deliver it. Fuel etc deducted from his pay. Having a Stop number one rearrange a entire trailer of other people's product is very highly irregular and should NOT HAPPEN EVER. STOP NUMBER ONE touches his or her own set of pallets, boxes product whatever. NO ONE ELSE's stop two through Infinity in the REST OF THAT TRAILER. MUCH LESS REARRANGE IT.

    So that scenario is also drivers fault. He pays.

    Your problem to abolish one set of BOL's given by SHIPPER with the BROKER giving YOU a UPDATED BOL... POtentially contains differences in product type, case count, weights of same going to each stop. IF THAT is the problem then the BROKER PAYS and gets to eat the Overage, shorts and damage. Brokers can AMEND, WRITE NEW BOLS etc all they want to. But it WILL NOT CHANGE what is SHIPPED BY SHIPPER. It is my hope your driver has stood on that dock at Shipper counting and verifying everything down to the last box of whatever loaded in the entire trailer for each of the stops listed who expects their load.

    Bottom line, your driver had a customer touch other people's product, rearrange same in trailer in stop number one. That's a no no.

    Im betting one of your stops is calling you by now crying that they lost the exact count and weight of whatever pallets are left on that trailer and can you please make that stop (Whoever it is and potentially more than one stops....) whole. Backtracking and delivering the missing product. Otherwise it becomes your problem as a Company as explained earlier.

    Finally but not last. I had one load with two seperate customers long ago going to Hunt's Point NYC proper inside the facility. Customer one says he has to rearrange load in layer and case per layer count against my dispatchers express orders to tell customer number one never to touch load stop number two. That was a scam designed to foster a additional loss in lumper fees by myself at stop number two in addition to generating a false lumper fee at stop number one. Basically a scam.

    After they stopped yelling at me in the home yard, lesson 1- No one customer or stop touches any other customers or stops NOT BELONGING to him or her during a multi stop delivery.

    Lesson two your driver should have counted and verified the original BOL and agreed with same. Which I think he did not take the time to do.

    Lesson Three. Brokers cannot AMEND what is already counted, sorted by stop and loaded by SHIPPER with a new BOL and contents listed differently than what was shown in the ORIGINAL BOL. If that happened, BROKER PAYS.

    If all of your stops say they recieved exactly product, count and weights that they DEMANDED from SHIPPER. YOU PAY or BOTH of you and your Driver has to pay somewhere for the overage, short or damage left over in that trailer. Disposal of THAT extra product is your problem. Because your driver as THE AGENT of your company accepting that original BOL did presumed not to have verified during loading that actual load in your trailer going to each and all of your stop customers.

    ALL the changed BOL's in the world faxed to you will not have changed the original situation UNLESS at LEAST ONE OF THE STOPS have called the broker sometime that day saying WE WANT Salsa in this case and weight count and not.... mustard that was already loaded in that trailer and shipped. Your shipper will have to find a way to take back the salsa and load mustard either on your trucks or some other trucking company to recitify the amended problem from BROKER.

    After all of this, I say Driver. He violated two to three basic commandments of loading at a shipper and allowing a customer to touch product in the REST OF THE TRAILER that does not BELONG to him or her at stop one. All the Amended or updated BOLs in the world will never reflect what was supposed to originally have been listed in the SHIPPER's original BOL. Whatever is on that trailer is on that trailer and final once the doors shut and seal number is written down at shipper. It has to match the BOL given to driver who needs to agree with same.

    That is my story and I am sticking to it.
     
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  4. JustaGuyinTrucking

    JustaGuyinTrucking Light Load Member

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    The stops think they received what they ordered! They didn't even know what they were getting, all signed for clean BOL's. I've never experienced this before, new experience to me.

    The broker asked the driver to get the product arranged and offered to pay the lumper. Everything was confusing for the driver but nobody made the connection that the BOL's were wrong. Each shipper signed for the product but received the wrong/short product.
     
  5. x1Heavy

    x1Heavy Road Train Member

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    Hm.

    Ok. ALL the stops report no over, no short, no damage and all is happy they recieved what they ordered.

    Or... as you said each stop recieved wrong, short product etc and signed for same without complaint?

    What reciever recieves wrong product, short product or damaged product without calling YOU and complaining HEY!? WHERE IS MY MARBLES I ORDERED????

    Nice. (Headache for me....) what BOL's are these stops going by when counting off what is being delivered against what they expect?

    If the Broker asked or arranged the entire trailer to be tossed and rearranged, then should not the broker also have to pay for any over, short and damage? You appear to have overs here. Ship that to the broker and present same with a bill for your service I suppose.

    I have thought about this situation most of the night. I have never ever ever as a driver recieved a amended, updated or abolished the original Shipper's BOL in my hands signed and sealed when shipped on a load. The worst case scenario I have had closest to a problem is either a stinky thawed out bad load sent to a land fill twice.... whew... stinky... and a few loads that had overages which eventually were resold to whole sale people who did not have cold storage to handle them long term. (And you wonder why I stay away from whole sale grocers....) there is a pallet of bacon that sat on a transfer dock in jersey two whole days in the summer completely thawed and heated after I was told to put it there. THAT was a very long time ago way back in the 80's I wonder if the #### overage is still on that freaking dock... to this day...

    See where I am coming from? I have never seen or experienced a load in which Im told my original BOL from shipper is now no good and there is a updated or changed BOL issued coming from the fax machine into my hands. That would cause me to consider that entire trailer a major migraine headache which just exploded into a world of pain that I do not want to be a part of anymore in this life.

    Don't you agree?

    If the Broker leaned on you all of this then make him cough up some cash. Until you feel better and can move on with more loads.

    I went back over my first post and tried to poke holes in it and boy howdy some of it is shaky. Again, it's a incredible experience and frankly that should not be happening at all. If some shipper loaded 100 marbles going to 10 different stops arranged by your BROKER.. then by gawd those 10 stops get 10 marbles each. No ifs changes new BOLS or maybes....

    Anything else caused by the broker saying hold up there should be 200 marbles going to only 8 stops all of which took them without complaining that they are buying too many marbles to you? er... that's irregular to me too.

    There have been times Ive been instructed to take said trailer stick it somewhere in a corner and bobtail back to the yard. Essentially washing everything of that load inside the trailer. It happened from time to time with containers usually. When they were loaded with stuff no one wanted. oops. You think Asia or Europe would do a better job counting and loading stuff. I bet you some of those boxes have been quietly rusting in those corners.

    Ive said enough. I don't know what else to tell you. It's outside of my thinking what you have had happen with two conflicting BOL's Your broker should be coming up with some cash, wine and flowers to rebuild the relationship with you and your company.....
     
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  6. ChaoSS

    ChaoSS Road Train Member

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    The broker asked the driver to get the product arranged and to pay for the lumper. Did the Broker offer to pay you for the down time while this was happening? Did the broker offer to pay the driver for his aggravation in getting this situation untangled? Or was he expecting some charity after the shipper clearly screwed the pooch?

    I think your driver shares some blame, but so does the broker. Perhaps you as well if you weren't following up with your driver on what was going on when you realized that the whole situation was screwed up.
     
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  7. gokiddogo

    gokiddogo Road Train Member

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    With multi picks AND drops - are they all in same area? Competent driver knows all pickup and delivery locations and pallet count for each before he begins. Determine the best way to load it and deliver it. Make them all different weight pallets and you really are earning your paycheck now.

    Why were new bol issued? They will be different than what the driver signed for. Why accept that liability? The bills in hand are all signed and received in full aka "clean bills" that truck is empty ... unless you want to spend even more time on this already loser of a load and likely collect nothing or next to nothing for your honesty and extra effort... which is where you must ask yourself if this is a customer you care to do repeat business with. If you are accused of anything those signed bills show you delivered what you loaded, end of story. Let the warehouses guess which one of their workers screwed up as to where the missing pallets disappeared to.
     
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  8. JustaGuyinTrucking

    JustaGuyinTrucking Light Load Member

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    They loaded the truck correctly without giving the proper BOL's. They gave me the new BOL's after the first delivery. It was a confusing and unusual circumstance. I truly believe the broker became lazy and half ###'d the communication end. Not to mention this occurred at 6 AM on a Sunday.

    To be honest, I don't want any money from the broker, their firm has horrible ratings and I took a chance, I probably would not work with them again.
     
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  9. JustaGuyinTrucking

    JustaGuyinTrucking Light Load Member

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    He did not offer anything if anything he was trying to blame it ALL, on us.

    I agree, the driver does share some blame!! I let him know that.
     
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  10. JustaGuyinTrucking

    JustaGuyinTrucking Light Load Member

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    Well, I'm not sure how I could've known. The broker was expecting the product to be mixed up because its 2 picks and 3 drops. Plus the first BOL's didn't match and updated ones didn't come until after drop 1 (where they took all the product without any complaint) the issue didn't become apparent until stop 3 and had 2 pallets left.
     
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  11. JustaGuyinTrucking

    JustaGuyinTrucking Light Load Member

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    Exactly my point, the broker didn't do a well enough job to communicate with us (carrier) or the receivers. Everyone was under the impression they were receiving the correct items.
     
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