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In other words, carriers should not drive away with loads that cannot be cooled to the instructed temperature range. If the carrier perceives a problem at shipping point, the issue needs to be addressed then and there to avoid high-risk loads. Unfortunately, it appears your driver took an unnecessary risk in this instance. Going forward, we would recommend that you
(1) insist upon the right to pulp all produce loads at the time the shipment is booked; (2) insist your drivers follow through and pulp the product at shipping point, especially those with high rates of respiration such as asparagus, strawberries, and corn; and (3) in the event the instructed transit temperatures cannot be guaranteed, negotiate an acceptable temperature range with all interested parties.
With the benefit of hindsight, you could have insisted that all interested parties acknowledge, in writing, the warm pulp temperature of the product and agree to a reefer setting of 35 degrees with air temperatures generally between 35 to 45 degrees. Alternatively, you could have refused to take any warm product which you did not believe you could safely transport. Better to drive a hard bargain at the outset, than be on the receiving end of an avoidable claim later on.
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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.
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