Taking the hard line ...

Michael Ludwig

Well-Known Member
Jul 6, 2009
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I just calculated the other day that I've been doing this for a little over 35 years (one would think I would have gotten smarter over that period of time ... LOL) and as I did that calculation I came to realize there have been very, very few customer/carrier conflicts that I could not resolve over that period of time. As a matter of fact, I would still be able to count them on one hand if I were missing a finger.

Today, after trying for over 24 months to resolve outstanding issues, I have had to take the hard line with a customer by issuing the attached Notice to Receivers. Although this is better for the company in the long run, I personally view these measures as a failure on my part to be able to negotiate an amicable resolution. Taking the hard line sometimes sucks.

Anyways, long story short ... shipper sends goods to various receivers in the U.S. These are multi-stop loads. Of these receivers, 70% of them will find fault with some of the product for some reason or another and return it to the trailer. In 95% of all cases, the receiver has damaged the goods upon delivery, but there is no photographic or eyewitness evidence as drivers are not allowed on the docks to witness unloading. The result is that the coordinator of the freight move (broker) and the shipper spend so much time in dealing with these problems that they screw the truck and driver out of at least one turn a week. Typically, disposition on returned goods requested at 9:00 AM on any given morning will not be given much before 2:00 PM that afternoon. Calculated financially, in the majority of cases, I would actually lose less money leaving my truck parked in the yard and paying my driver a standard week's wages than I would in accepting these loads with these problems.

I not looking for an opinion or advice on what I should, or should not, do about the situation as that decision has already been made and executed.

What I would like from my peers here is an opinion on the content of the notice, which, in this case, applies to a very narrow and specific situation, although it could be argued that it could be applied across the board. Legally, it is correct, but legal and right aren't always the same thing.
 

Attachments

Michael, the only thing I would suggest is that you include a list of additional charges that will be applied. It's probably safe to assume that you will still have some delays and your customer needs to know and sign off on the charges ahead of time. It's easier than trying to negotiate them after the fact.
 
Michael, the only thing I would suggest is that you include a list of additional charges that will be applied. It's probably safe to assume that you will still have some delays and your customer needs to know and sign off on the charges ahead of time. It's easier than trying to negotiate them after the fact.

You're confusing two completely separate issues, accessorial charges and rejected cargo. Accessorial charges are dealt with in the transportation negotiation and contract. This notice, which is meant for the receiver, not the shipper or payer, unless the receiver is the payer, deals specifically with the issue of the receiver putting "rejected" freight back on the trailer. The long & short of it is, it's illegal.
 
I think you hit the nail on the head with "legal and right aren't always the same thing", my guess would be a new carrier in the future for this customer which may be good for you in the long run. That bird thing about setting free and if they come back etc etc etc you know.
 
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@Michael Ludwig
I think the notice states everything very clearly. I like it! (especially the small print at the bottom)
This absolutely is NOT a failure on your part since you have tried to get things resolved for the last 24 months. Clearly the only thing left to do is cut this customer loose. I don't see any other possible option to fix this problem.

Most dock workers and tow motor operators probably have no idea that this law exists and they are simply told by their bosses to just put the damaged/rejected product back on the truck and note it on the bill of lading. If the law says they can't, then they can't. Too bad! It's not the carriers responsibility if they had nothing to do with the damage.
 
Other issues come into play here as well. Whatever happened to taking responsibility for one's own actions? If the dock person damaged the product, then he/she should just admit it! All this "never admit fault" legal mumbo-jumbo is total bull-crap! If I break or damage something, I have to take responsibility for it. End of story.
I'll never understand the "blame someone else" mentality.... maybe I'm a little more agitated because it's Friday but this crap just pisses me off!

@Michael Ludwig has been dealing with this nonsense for 24 months because these people can't just grow a pair and say they did something by accident?! Crazy.....
 
You're confusing two completely separate issues, accessorial charges and rejected cargo. Accessorial charges are dealt with in the transportation negotiation and contract. This notice, which is meant for the receiver, not the shipper or payer, unless the receiver is the payer, deals specifically with the issue of the receiver putting "rejected" freight back on the trailer. The long & short of it is, it's illegal.

Sorry, I took it as you were giving the letter to the shipper to have them deal with the receiver by setting up a return procedure. I'm surprised that your shipper hasn't offered to do that. The hard part will be when the dock worker follows direction from his boss and puts the product back on the trailer. Having the shipper take ownership of the problem would make it easier for you. What did your customer say would be a possible solution?
 
I think its a good notice too, and right. Additional information on what to do with damaged product and follow-up measures might have been helpful. They put it back on the truck because they likely don't know what else to do with it.
 
Michael, great document, the only issue I see is being able to get the consignee, (now shipper ) to sign and acknowledge. Some of these distribution whse's are brutal with there own receiving policy's. These kind like to be in control and don't stand for someone telling them different with some document, legal or not. I wish you luck moving forward.
 
The fine print on the bottom says "it doesn't matter if you sign this or not, it's in effect." ... although it is actually worded a little more gracefully ... LOL
Presented it to the first receiver on Monday ... kind of looked at my driver like he had two heads and proceeded to unload the load. No returns showed up back on the trailer.