What would you do with this?

M

Manitoba Moose

Member
Jul 27, 2009
322
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Otterburne, MB
10
Had a company load for us a full flatbed B-Train load from PQ with 3 drops, ON, Vancouver, and Victoria. Found out after the fact that he had indeed went to our shipper with a B-Train to load and when he got back to his yard in ON, he trans-loaded everything onto 2 seperate 53' stepdecks.

He delivered the ON load on schedule and BC loads was supposed to deliver on Friday, June 24th and Victoria on Monday, June 27th. Finally dropped the Victoria drop 3 days late and found out that the Vancouver drop (2 skids) had been dropped in Golden BC cause he was over weight.

So, he had on his 53' flatbed: our Victoria and Vancouver pieces + a wide load piece going somewhere else...

When he got to the scale in Golden, he had to drop our skids off to get legal. I had to hired a team from Calgary to run to Golden, pick up our 2 skids, and deliver it to Vancouver for 7 am the next morning.

We lost a huge account because of this guy and were fined $4,000 for late delivery (4 days @ $1,000/day). Now this guy wants to be paid.

Oh yeah, I forgot to say that he double brokered my load. Our confirmation is very specific regarding double brokering and back solicitation: "Contravention will result in forfeiture of any and all accounts or freight invoices due the carrier noted herein as liquidated damages".

I want to be a nice guy and I did talk to the driver that did haul these loads and he's a nice guy but unfortunately, he is no longer in trucking and the company he was working for also closed up (I guess too many unpaid loads).

I want to do what's right so my questions are would you pay him? If you would pay him, why? If not, again, why? Would you pay him the full amount or a partial amount.

Thanks in advance for your wisedom and input.
 
I would stick to the contract which I presume was agreed to and signed by both parties. If he gives you trouble then I would have your lawyer draft a letter stating that you intend to go after him for your losses. Actually, I would do that anyway...
 
A lawyer once told me that even if confirmation is not signed and returned the "act of responding" constitutes acceptance and the carrier is bound to whatever terms were stipulated unless given verbally or in very very small print.
 
A bad scene!!

As one of my good friends from the hippy era would say, a bad scene.

Would you be willing to let us know who the carrier was that double brokered your load?

If I were you , I would try to make this go away, as cheaply as possible. The 1st question would be :

Is there a chance you can get your client back?

I do not think you would get away by not paying anything, the real carrier did carry out some of the work, and although poorly , I do not believe any judge would not award partial payment.

The key is to avoid litigation , even if it costs you some money , it will be less than the battle.

There seem to be lots of parties involved in this one.
 
Our decision...

Thanks for all the replies in helping make our decision.

The company that DB'd this is:

RIMS Transport
1818 Burlington St. E
Hamilton, ON L8H 3L4
(A division of 1153461 Ontario Inc)

Btw, does anyone have any info on these guys? Has anyone else been taken by these guys?

As I stated, the carrier that did the ACTUAL work is no longer in business so, paying him directly may be impossible unless someone on here can help locate him.

All I know is the company was named Green Transport (a 1 truck??? operation from the Ottawa or Montreal area, I think). If anyone knows this guy, I would be happy to pay him directly.

What we have decided is to send RIMS a letter saying we are not paying him until proof is submitted to us that the carrier has actually been paid and the amount paid to him. Because of all their BS, all we will accept from them is a notorized letter from the company who did the actual hauling.

Regarding RIMS taking us to court over this, all we have to say is that the countersuit would be tremendously high. We lost an account with average yearly sales of $300,000.

Regarding getting our client back... we are working on it but, not likely in the immediate future.

This guys has sure changed the way we do our logistics. Sorry but, no more Mr. Niceguy...
 
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