Pet Well Inc. - Etobicoke

AccountsReceivable@DRC

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Mar 25, 2008
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Anyone have current dealings with Pet Well - 50 Akron Road - Etobicoke - 416-201-9284?

Broker Niko Trans - who is delinquent on an invoice with us since January - claims Pet Well owes them and other brokers/carriers money. They won't pay us until Pet Well pays them....

There is alot more to this story - don't have time to recite the entire fiasco between these two companies. Received a payment today from a customer -exact same load we delivered involving Pet Well and Costco - obviously Pet Well paid them as they forwarded funds to us. Waiting back on any info our customer might have on Pet Well.

Just wondered if anyone has had current dealings with this shipper or any payment issues from your customers due to Pet Well holding funds...

Any info would be great - thanks in advance.
 
Update on this original thread....

I was contacted directly by a large carrier who are owed alot of money from this shipper. Our receivable is still outstanding thru the broker used. Pet Well will be closing their doors any day now.

Any brokers/carriers picking up freight for this shipper - however you are involved - you won't be paid...

BEWARE...BEWARE...
 
Why in the world would Niko think that they do not owe you for outstanding invoice?

This would be like:
Petwell sells product to a customer and uses Niko to handle the logistics.
Petwell customer goes belly up.
Petwell now tells Niko that they are not getting paid because their customer "has not them".

That is not how business works.....
Brokers have got to start realizing that they take a risk when they deal with a company, just like the carriers do when they haul a load for a broker.

We are all in business and business has risks!!

Sorry for the rant, but it really bothers me when I see stuff like this.
 
It's the "Reverse Trust" theory.

Customer pays broker $1000 of which the carrier is owed $800
The $800 is impressed with a trust obligation i.e. that $800 portion of the customer's payment is not the broker's except as a flow through from the customer to the carrier - hence the trust.

Since the customer never paid the broker, there are no "flow through" funds. The broker takes the $200 hit and the carrier takes the $800.

I am not espousing the theory - only mentioning it.
 
Where can one find Jurisprudence on this? The carrier has a contract with the freight broker and not his client. The Carrier is not to back solicit the freight broker , neither are they responsible for carrying out collections for said broker.
 
Where can one find Jurisprudence on this? The carrier has a contract with the freight broker and not his client. The Carrier is not to back solicit the freight broker , neither are they responsible for carrying out collections for said broker.

If your looking to get money you are owed from the customer direct, I beleive that you are looking for the mercantile act.
 
Jurisprudence

Can you tell me where to find the mercantile act. I sit a federal regulation/law or is it Provincial? We are based out of Quebec, ruling out using the act if it is Provincial and out of Ontario.