Freight Claim Management

Freight transportation book “Freight Claims in Plain English” covers all modes of transport including freight forwarders, air freight, and express freight, third party logistics services and transportation laws governing same in simple language.

Transcript

1. Freight Claim Management First, it is strongly suggested that shippers use transportation contracts rather than the carrier's tariff. That is, well crafted transportation contracts, which may mean enlisting the services of a transportation attorney. The contract should clearly define the procedures to which both parties will adhere as it relates to identifying and reporting over, short and damage issues ("OS&D") and the amount of time allowed. This will insure reports are made at the soonest possible point after discovery. It is imperative that the contract be free of references to the carrier's tariff since the tariff can change without notice and discrepancies between the two documents often results in future misunderstandings. Second, incorporate key elements of the carrier's Shipper Load and Count Agreement into your transportation agreement and insure all shipping personnel refrain from signing any document presented by the carrier. Implementing an SL&C clause can be accomplished by adding only the language that is absolutely necessary as a rule in the Contract's "Rules Schedule". A third suggestion is to include language that allows for any conflict between a bill of lading and the contract to be governed by the terms of the contract. This is crucial to insuring consistency in how Freight Claims and disputes are handled. Many legal experts also recommend that shippers use their own version of the bill of lading where a number of clauses have been modified. Fourth on the list of the suggested changes is the addition of a rule requiring carriers to provide written notification of any discrepancy found on a shipper load and count trailer, and to provide this notification within a specified time frame. Included as an exhibit to the contract should be the standardized templates the parties will use to report discrepancies. Processing instructions included on the template will further support compliance and the information ultimately provides a much clearer picture of exactly where freight loss or damage is occurring.