Seven Logistics -- MC-1039227

In spite of all the mitigating factors surrounding this claim, it is still a freight claim that must be addressed properly by the carrier who hauled the load. Regardless if the claimant is trying to pull a fast one, or if there are more “wrinkles” to this story that have not been made public, the carrier is still legally bound to investigate the claim and either accept it or deny it with reasons for the denial. The onus is on him…not the shipper or owner of the goods to prove how the freight was damaged or lost. Once they have presented the carrier with a documented, legitimate freight claim, the ball is entirely in the carriers hands. Again, in these cases that seem to go back and forth forever, it is best to use the services of your insurance provider, which you pay for, to attempt a resolution.
I agree 100%.

Put it through insurance, they will investigate for 10 minutes and reply in a week that they deny the claim.

F'n insurance companies, I hate dealing with them.
 
In spite of all the mitigating factors surrounding this claim, it is still a freight claim that must be addressed properly by the carrier who hauled the load. Regardless if the claimant is trying to pull a fast one, or if there are more “wrinkles” to this story that have not been made public, the carrier is still legally bound to investigate the claim and either accept it or deny it with reasons for the denial. The onus is on him…not the shipper or owner of the goods to prove how the freight was damaged or lost. Once they have presented the carrier with a documented, legitimate freight claim, the ball is entirely in the carriers hands. Again, in these cases that seem to go back and forth forever, it is best to use the services of your insurance provider, which you pay for, to attempt a resolution.
But that is the thing @loaders they are not even doing that. I already talked to my insurance guys and they say they can take care of all the evidence when something comes . But these guys are just making this as an excuse to not pay. Because as i said in my screenshots as well that they can do their due process i don't mind. All i am saying to them is i have a right to object it and ask questions and if they can't answer them to me I can go to court and they should be answerable to court. But they don't want to do that as well.

But I will definitely be filling this as no pay with a lawyer now as I was letting things run their course thinking if in the end we have not done anything wrong it would be sorted but looking at what these guys are doing I should not be waiting anymore .

It always the carrier in the end who has take a loss.
 
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If they haven’t filed a properly documented freight claim with you, then there is no freight claim and they are simply withholding your payment. Your best course of action is to send them a Demand Letter outlining the amount owing and the date you demand to receive your payment. Keep all of your correspondence with the broker/shipper and reach out to either a transportation para legal or a lawyer. If there is no official freight claim, your insurance provider has no need to be involved.
 
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Not gonna lie. I expected the usual shenanigans with a carrier who was clearly at fault trying to get out of this but pleasantly surprised.

@harsh stick to your guns. Make them file a proper claim, which they won't cause they can't if the receiver signed clean bills.

Claim training 101 - clean POD means no claim no matter what happens.

** as was pointed out, clean bills it not a get out jail free card but it is pretty close
 
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Not gonna lie. I expected the usual shenanigans with a carrier who was clearly at fault trying to get out of this but pleasantly surprised.

@harsh stick to your guns. Make them file a proper claim, which they won't cause they can't if the receiver signed clean bills.

Claim training 101 - clean POD means no claim no matter what happens.
No, that is not correct. A shipper/receiver can file a claim for damaged or lost goods regardless if the Bills of Lading have been signed with or without a notation of damage. Concealed damage is always discovered after the load has been delivered and the driver has left the dock. It certainly helps with the carriers defence of the claim, but it is not on its own a “get out of jail free card”. Carriers are still obligated to investigate the claim, just as if there had been damaged noted on the B/L.
 
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No, that is not correct. A shipper/receiver can file a claim for damaged or lost goods regardless if the Bills of Lading have been signed with or without a notation of damage. Concealed damage is always discovered after the load has been delivered and the driver has left the dock. It certainly helps with the carriers defence of the claim, but it is not on its own a “get out of jail free card”. Carriers are still obligated to investigate the claim, just as if there had been damaged noted on the B/L.
Fair point but anytime I have had clean bills signed for and a claim brought after.

It has always been immediately thrown out by insurance.

I will add a note to my comment for context
 
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Fair point but anytime I have had clean bills signed for and a claim brought after.

It has always been immediately thrown out by insurance.

I will add a note to my comment for context
The onus of proof in cases of concealed damages, shifts from the carrier onto the shipper. It becomes their responsibility to show that the goods left the shipper in good condition and were received, after unpacking, in a damaged state. The condition of the packaging material becomes critically important and shippers should always maintain possession of it, and allow the carrier to inspect it if required. Concealed damage/loss claims are certainly more difficult to prove, but definitely not impossible. As a result, receiving a Bill of Lading signed “free and clear” of damage does not relieve a carrier of their contractual (Bill of Lading) obligations.
 
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The onus of proof in cases of concealed damages, shifts from the carrier onto the shipper. It becomes their responsibility to show that the goods left the shipper in good condition and were received, after unpacking, in a damaged state. The condition of the packaging material becomes critically important and shippers should always maintain possession of it, and allow the carrier to inspect it if required. Concealed damage/loss claims are certainly more difficult to prove, but definitely not impossible. As a result, receiving a Bill of Lading signed “free and clear” of damage does not relieve a carrier of their contractual (Bill of Lading) obligations.
This, concealed damage. in my experience has always been delivery of appliances. Sometimes handled with clamp trucks. sometimes handled with dollies, sometimes handled on pallets. When offloading a bunch of these, sometimes you notice a box or two that appears to have some impact appearing on the box. We don't hold the driver up for this, we simply note on the BOL "x number of packaging appears damaged, subject to further inspection" then we ask the driver if they are ok with this or if they prefer that we unpackage the appliance so we can inspect it together. Driver never cares to wait for an inspection so we check out the appliance at a later date.
Sadly, appliances are actually the item that gets damaged most frequently in transit, probably because of poorly trained dock workers at crossdock locations. Good thing the local repair shop and our vendor are buddies.

Keep well,
Mike

My 2 cents on this thread: when a seal is placed on a tuck at the shipper and it's intact at the consignee it would be extremely rare for the consignee not to CHECK THE SEAL before it's cut. That would be all over the BOL if it was cut. The reason for the seal is to protect the integrity of the shipment. If no one checks you deserve to have your shit stolen. It's a bullshit claim, and not properly filed, in my opinion...
 
This, concealed damage. in my experience has always been delivery of appliances. Sometimes handled with clamp trucks. sometimes handled with dollies, sometimes handled on pallets. When offloading a bunch of these, sometimes you notice a box or two that appears to have some impact appearing on the box. We don't hold the driver up for this, we simply note on the BOL "x number of packaging appears damaged, subject to further inspection" then we ask the driver if they are ok with this or if they prefer that we unpackage the appliance so we can inspect it together. Driver never cares to wait for an inspection so we check out the appliance at a later date.
Sadly, appliances are actually the item that gets damaged most frequently in transit, probably because of poorly trained dock workers at crossdock locations. Good thing the local repair shop and our vendor are buddies.

Keep well,
Mike

My 2 cents on this thread: when a seal is placed on a tuck at the shipper and it's intact at the consignee it would be extremely rare for the consignee not to CHECK THE SEAL before it's cut. That would be all over the BOL if it was cut. The reason for the seal is to protect the integrity of the shipment. If no one checks you deserve to have your shit stolen. It's a bullshit claim, and not properly filed, in my opinion...
I agree @MikeJr, the broker in this case should be helping defend the carrier if in fact the trailer was sealed from shipper and broken by the recevier.
 
Bonded load, sealed shipment with seal broken at delivery.
Harsh @ Seven Logistics is not liable.

This seems to be a case of a shitty broker being a shitty broker and looking for a rate cut.
Dude, they left the shipper without sealing the shipment and sent pictures hours later sealing this offsite.

We have video of the freight at loading and video of how the freight arrived at delivery being torn open. For the other job, the products were removed from the center of the skids, emptied, and placed back with a shitty taping job.

We have had 2x cases of product theft in the last 4 years I've been here and both cases belong to these guys.
 
Dude, they left the shipper without sealing the shipment and sent pictures hours later sealing this offsite.

We have video of the freight at loading and video of how the freight arrived at delivery being torn open. For the other job, the products were removed from the center of the skids, emptied, and placed back with a shitty taping job.

We have had 2x cases of product theft in the last 4 years I've been here and both cases belong to these guys.
Wasn't this a shipment in BOND ?
Don't all bonded shipments get sealed by an agent at the time of loading ?
 
Dude, they left the shipper without sealing the shipment and sent pictures hours later sealing this offsite.

We have video of the freight at loading and video of how the freight arrived at delivery being torn open. For the other job, the products were removed from the center of the skids, emptied, and placed back with a shitty taping job.

We have had 2x cases of product theft in the last 4 years I've been here and both cases belong to these guys.
Why don't you get insurance involved? Also why are you posting under an Alias . Just post it as NCC so people know what broker they are dealing with as well .

Also if you have video can you please just upload it here? Let it be out in open . Why did you guys not send the video to us when we asked about it?

Did you ask the reciver to send you the video of them standing there and checking the seal ? Can you please just upload it here or atleast send it to me ? It is not like i was not repling to your emails. So why do this?

I can tell you why as well. Because you know you guys are in the wrong and this is just a tactics to avoid paying us.

You got activated all of sudden because we started demanding our payment .

But in any case if you have all the things just do proper procedure instead of these shenanigans. Why. Be afraid to go to court or file a complaint ? when my company as accused is not afraid of it and we ourselves have demanded you do that as you can see In the emails .
 
Wasn't this a shipment in BOND ?
Don't all bonded shipments get sealed by an agent at the time of loading ?
Supposed to but doesn't always happen

Source - We do bonded shipments all the time, driver usually ends up being the one who physically places the seal on the trailer where as you mentioned, it should be the shipper/agent.
 
This story is well past the point of getting the respective insurance providers involved. On one hand, we have a shipper/broker maintaining they have a legitimate claim, with photo and video evidence and getting no, or a limited response from the carrier who hauled the freight. On the hand, there is the carrier asking, begging for this evidence to be provided to them and seemingly willing to start a claim investigation. The suggestion that the shipper/broker is using a phony claim to refuse payment only muddies the issue and really is inconsequential in the claims process. There either is a claim, or there isn’t. Refusing to pay a legitimate invoice for services provided is a completely different matter.
 
This story is well past the point of getting the respective insurance providers involved. On one hand, we have a shipper/broker maintaining they have a legitimate claim, with photo and video evidence and getting no, or a limited response from the carrier who hauled the freight. On the hand, there is the carrier asking, begging for this evidence to be provided to them and seemingly willing to start a claim investigation. The suggestion that the shipper/broker is using a phony claim to refuse payment only muddies the issue and really is inconsequential in the claims process. There either is a claim, or there isn’t. Refusing to pay a legitimate invoice for services provided is a completely different matter.
@loaders your comment says limited or no response , maybe you did not see the email screenshots I put in this thread. I replied to each and every one of their emails and calls.

Regarding your comment that they have video evidence .You can clearly see i am repeatedly asking for it but these people are not providing it.
 
Sir, we have repeatedly given you and your team video and/or picture evidence on both shipments. We've given you videos of the skid being loaded, your driver leaving the site without sealing, and also the state the skids arrived at the receiver side, but you told us over and over that the POD is clean so you are not liable. The POD even mentioned that it's Subject to Count.

Your team even claimed the front left skid below looks identical in the before and after photo, when there are clear signs of tampering based on how the skids were wrapped tight at the shippers, but arrived torn at the receiver.

We have given you video evidence the freight left the shippers fully intact, got on your truck, and then somehow arrived with missing units.

Also your photos to us show timestamps of the truck being opened at least an hour after it left the shippers yard, and the photos of the seal you gave us look like they were taken at night despite these leaving first thing in the morning.

I'm not saying your team stole it, but 2x shipments within a month where units went missing strictly while in your care, and I think that's worthy enough of a mention on a forum like this.
 

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This is becoming more and more like an onion, with every layer removed revealing a new, sordid detail. Also, like an onion left out in the sun too long, this story is developing a ripe, odiferous smell. Someone is telling untruths, half truths, or outright lies here. If the carrier has been presented with an intent to claim and supporting evidence, they are obligated to initiate an investigation. If the claimant has not filed an intent to claim, the carrier is not obligated to do anything at all. So…what is it fellas, claim filed, or no claim filed? Not a complicated question.
 
Sir, we have repeatedly given you and your team video and/or picture evidence on both shipments. We've given you videos of the skid being loaded, your driver leaving the site without sealing, and also the state the skids arrived at the receiver side, but you told us over and over that the POD is clean so you are not liable. The POD even mentioned that it's Subject to Count.

Your team even claimed the front left skid below looks identical in the before and after photo, when there are clear signs of tampering based on how the skids were wrapped tight at the shippers, but arrived torn at the receiver.

We have given you video evidence the freight left the shippers fully intact, got on your truck, and then somehow arrived with missing units.

Also your photos to us show timestamps of the truck being opened at least an hour after it left the shippers yard, and the photos of the seal you gave us look like they were taken at night despite these leaving first thing in the morning.

I'm not saying your team stole it, but 2x shipments within a month where units went missing strictly while in your care, and I think that's worthy enough of a mention on a forum like this.
How about you share the videso here NCC team that you are claiming you shared with me.

Also can you not clearly see the 2nd picture is shared by our driver at shipper and the 1st picture is somewhere inside the warehouse not a dock.

How about you make it easy for yourself and us as well by going through proper claim channels and atleast PAY US FOR OUR WORK. Now you are seeing that I am replying to everything that is being thrown at me; now you are saying " that you are not saying our team stole these".

Well my friend your whole post started as claiming my team or my company stole these messily pcs of boxes .

You made it sound like we were trying to hide from you but clearly it can be seen who is openly replying and who is still behind curtains.

Since this post I have still not seen a single email from NCC team regarding this . I wonder what is going on with the claim or if there was a claim to even start with.

You thought you would post something like this and I would get scared and just say please don't pay me but don't put my companies name out like that. Instead this whole thing is back firing now.
 
This is becoming more and more like an onion, with every layer removed revealing a new, sordid detail. Also, like an onion left out in the sun too long, this story is developing a ripe, odiferous smell. Someone is telling untruths, half truths, or outright lies here. If the carrier has been presented with an intent to claim and supporting evidence, they are obligated to initiate an investigation. If the claimant has not filed an intent to claim, the carrier is not obligated to do anything at all. So…what is it fellas, claim filed, or no claim filed? Not a complicated question.
True. So mister NCC can you please let everyone know is there a claim filed or not?
 
Whoa…hold on there Harsh. The claimant is not required to pay the freight bill in order for you to initiate a claim investigation. They are only required to make sure the freight bill has been paid before the claim can be settled, a small by important detail in freight claims procedure. It is getting harder and harder to know just who to believe in this twisted and convoluted tale.
 
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