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Regarding the reefer download, it’s important to note that producing the reefer download does not excuse the receiver’s failure to produce the temperature report from the portable recorder. Carriers are responsible for maintaining air temperatures throughout the trailer, and reports from the reefer unit and portable recorder reflect air temperatures in different locations. But based on the good pulp temperatures reported on the inspection certificate, it does not appear this product was subjected to temperature abuse. Consequently, based on the facts you describe, a reefer download showing good steady return air temperatures throughout the trip would likely be sufficient to overcome your receiver’s failure to produce the report from the portable recorder, provided you prevail on the issue of the private inspection.
Ideally, you will be able to prove the shipper agreed to a private inspection (with email correspondence, for example), which would establish both the high level of defects and the good pulp temperatures that are critical to your case. If you cannot prove this, then you’ll have to rely on your shipper’s failure to object to the private inspection as ratification of its use. Frankly, if this was before Blue Book Services in an arbitration (or as a collection), we would be open to this argument, but PACA may see it differently. At a minimum, if you are unable to show the shipper affirmatively agreed to the use of a private inspection certificate, this will be one more issue you would have to overcome if this matter must be decided formally.
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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