The Problem: Two bad pallets, eighteen good pallets. The Key Point: Shippers do not promise each pallet will meet good arrival standards.
For this article our Trading Assistance team has identified seven common mistakes that can usually be avoided with some additional attention to the devilish details.
When calculating damages when a cover purchase is made, the injured party should be prepared to show the reasonableness of the cost, commodity, and pack purchased as a replacement.
Under the common law of common carriage, carriers often have to prove freedom from negligence and shipper error to avoid responsibility for claims involving fresh produce.
The party alleging a guaranteed arrival time should be prepared to prove its allegation with clear and convincing evidence.
Trouble loads aren’t much fun. They can be inefficient and frustrating. On the other hand, handling trouble loads is part of buying, selling, and transporting fresh produce. Doing it well limits headaches, waste, and financial losses—and may help preserve valuable business relationships.
Given the perishability of the strawberries and the number of truckloads shipped, it’s no surprise that Blue Book Services receives a number of claims involving strawberries each year. But in 2022, we seemed to have an unusually high number.
The Problem: Buyer attempting to hold seller to last week’s offer. The Key Point: If not expressly defined, the seller’s offer is good for a “reasonable time.”
Information assessed by Blue Book Services supports serving notice of observed suspicious trading activity occurrences.
The Problem: Breach of “good delivery” claimed against a carrier. The Solution: Recognizing that carriers are responsible for proper transportation, not suitable shipping condition.