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ANSWER: We note that in this, and subsequent communications, you have avoided saying the carrier never delivered the product in question; rather you only say that you never received signed proof of delivery. But, of course, the absence of a signature on the delivery receipt does not allow you or your customer to avoid paying for freight services that were in fact provided.
The carrier acknowledges its error in not obtaining a signature on the delivery receipt, but maintains that the shipment was delivered as contracted, and to date, neither you nor your customer have challenged this point.
If the shipment was not delivered, we would first expect you and your customer to state this directly; second, we would expect to see a timely notice from your customer to you, and/or a corresponding notice from you to the carrier. Yet, the carrier claims it never received any notice that the cargo in question was missing or that a claim for lost cargo was forthcoming.
Although we would encourage you to revisit this matter with your customer, ultimately, your customer’s unjustified failure to pay you does not justify your failure to pay the carrier for services rendered.
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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