I'm having some problems dealing with a shipping company over some damaged goods. We shipped 4 glass cases to a customer, where 3 was broken along the transit. 1 was fixed by the customer and the other 2 was then reported. The cases were supported on both sides of the glass, and was then encased in a wooden carton. Well, Con-Way efficiently declined the recovery request, stating that the customer that received the cases did not immediately notify the damage at the point of delivery. I thoroughly explained that it was not possible due to it being in a wooden crate, and it's not as if the delivery man would've waited for him to open all 4 crates. Then the customer service rep goes on by saying that no one reported hearing any glass shattering or glass noises inside the wooden cartons at the point of delivery. Then then went on saying that if anything, it would be concealed damage, in which their policy would only pay up to 33% of the claim. But then, even if that was to take place, she would have to contact to driver to see if he's heard any glass noises or have any glass on his truck. I felt this is ridiculous based on the fact that the driver works for the company. What is he going to end up saying? ... that there were glass evidence and he heard it shatter? Maybe he's (the driver is) going to say that he was tossing the item around and was careless with the "fragile" delivery? At any rate, just a little rant, and hopefully someone could provide some advice or sets of rules that could bring this to rest. I'm really not sure on how these conditions work when it comes to Con-Way's shipping agency.
I am in the transportaion industry and the bottom line is if they dont want to pay they wont, unless you signed the BOL wiht a notation stating "subject to inspection" OR if you are a very good customer and you use them often. Claims can get very nasty and everyones performance rating is based on the number of claims per shipments. Once you sign for the BOL and do not notate any exceptions, the carrier is not legally obligated to do anything, its not fair but its the way it is. Its always best to inspect the goods before signing and if that is not an option you must notate comments on the BOL.
