Receiver claim question
- Thread starter Paul S
- Start date
mrspeed19692006
Member
2
Did the carrier make it clear that there was no guarenteed delivery dates with LTL?
loaders
Site Supporter
30
What kind of claim is the receiver considering? If there was no damage to the freight, then your cargo insurance policy doesn't apply. Unless you have a policy that covers missed appointments (which I am pretty sure does not exsist) the only policy that will cover this is your own "good will", in other words - out of your pocket. You should bring to their attention, the clause in the Bill of Lading that talks about "in time for any particular market.....otherwise than with due dispatch". Is there any notation on the Bill of Lading that indicated delivery must be made on a certain date? If so, the trucking company must have been aware of it when their agent, the driver, signed the Bill. If there wasn't such a notation, then it isn't a part of the contract of carriage. I have had this same situation occur. The carrier accepts the freight, agrees to the rate, agrees to make the delivery on a certain date, you confirm all this with your customer and then WHAM, they deliver late for reasons sometimes reasonable and other times not. I know what replies will flow from your post, either "if it was so important, why didn't you ship it as a truckload"? or "hey, it's LTL, what did you expect? I am sure every broker has heard both of these lines more times than they can count.
From my experience, the best defense against this is to use only your most reliable carriers when a shipment requires a timed delivery, and to follow-up closely with them while the shipment is in transit. Even then, screw-ups can occur, but at least you have done your job to minimize them. The long and the short of it is - how important is this customer to you and how much are you prepared to eat of their so-called "claim"? You could ask the carrier for some assistance, but if they have already lied to you - well we all know what their answer will be.
From my experience, the best defense against this is to use only your most reliable carriers when a shipment requires a timed delivery, and to follow-up closely with them while the shipment is in transit. Even then, screw-ups can occur, but at least you have done your job to minimize them. The long and the short of it is - how important is this customer to you and how much are you prepared to eat of their so-called "claim"? You could ask the carrier for some assistance, but if they have already lied to you - well we all know what their answer will be.
15
The carrier said trailers got mixed up i was promised a deliver by Nov 20, when nov 20 came around they said the truck was stuck at walmart waiting for apt and it would deliver nov 21, on nov 21 after waiting the whole day with them ignoring my phone calls they said the truck will only deliver on Monday Nov 23, monday nov 23 after visiting there office found out the truck only left on nov 23 and would deliver by nov 26-27, on nov 26 after visiting there office once again found out the truck only left nov 25 and it did deliver nov 27.
DIETCOKE
Site Supporter
15
We have paid out on this type of claim before. We knew that it had to be paid to keep the customer. 10 years later we still have the customer even though it took 6 months of profit on their shipments to pay. I don't believe the customer had a legal leg to stand on if we refused but it we preferred to keep the customer.
30
AMA - if you do decide to payout a claim to keep the customer - perhaps you can negotiate a rate reduction on future business. This has worked for us in the past and much better than a flat payout - especially if the claim is a large amount. Spread over time the payout is more manageable and somewhat "easier" to accept - although still an unfortunate situation.
Nawk
Well-Known Member
30
Like Dietcoke... I've paid this type of "claim" (for lack of a better word). I also believe that the customer doesn't really have a leg to stand on. Doesn't everyone's rate quotes say service is not guaranteed? That said... if you don't pay up it's likely you'll not see much if any of that freight again.
We paid in the interest of good business and securing a customer because that customer was and still is pushing a lot of freight our way.
So... it boils down to really... What does that customer mean to you?
If they feed you lots of traffic... pay it (you'll get it back over time).
If they ship twice a year... perhaps the choice is not to pay.
We paid in the interest of good business and securing a customer because that customer was and still is pushing a lot of freight our way.
So... it boils down to really... What does that customer mean to you?
If they feed you lots of traffic... pay it (you'll get it back over time).
If they ship twice a year... perhaps the choice is not to pay.