Ordinarily, if these onions would have made good arrival on Friday, we would not expect to see anywhere near the defects reported here after a three- to four-day delay, suggesting the possibility that the onions were not loaded in suitable shipping condition. Before reaching any conclusions, however, we suggest asking your shipper if there were concerns about how these onions were stored over the weekend. Did the shipper (or your buyer) provide instructions as to how these onions should be stored? Properly stored, good onions (those shipped in suitable shipping condition) would not have deteriorated so rapidly after a three- or four-day delay.
Of course, even if you could establish that the shipper breached the warranty of suitable shipping condition, the delay would have aggravated the problems with the onions somewhat.
Consequently, for mediation purposes, we would look to the carrier to take responsibility for a portion of the losses and the cost of storing the onions over the weekend.
Your questions? Yes, send them in. Legal answers? No, industry knowledgeable answers. If you have questions or would like further information, email tradingassist@bluebookservices.com.
