A carrier’s detention fees are chargeable to the party that hired the transportation service.
Any missing product must be considered free of defects.
Even when vendors and carriers agree as to fault, they may disagree as to damages.
If a carrier hopes to overcome a clean bill of lading, it should be prepared to point to temperature records that support its allegation.
Somewhere, right now, there’s a carrier pointing to normal temperature readings indicated by a reefer download, while a vendor is pointing to readings from a portable recorder placed in the same trailer, indicating air temperatures were warm.
The term “protection” must also be distinguished from the term “market protection.”
The terms price-after-sale (PAS) and consignment (“handling for the account of another”) are commonly used and commonly confused.
Trade terms save us from having to work through boilerplate legalese with each new transaction. They are essentially shorthand versions of various rights and responsibilities buyers and sellers incorporate into sales agreements.
Late claims require proof of failure to use reasonable dispatch and proof of resulting damages.
Absolutes often sound good. For example, a company that states it has “a zero-tolerance policy for food safety risk” may sound like it has strong leadership and values, and perhaps it does.