Who should suffer the loss?

[Marshall]

I sold 100 roles of hay to a dairy farmer that is 215 miles from my house. The buyer contracted with a Farmer / trucking operation to haul the hay to the fellows dairy. Well, the first trailer was sent out to my place and it was a low boy type trailer, not a flatbed trailer. I loaded 33 roles on it and the driver ties ropes over the double stacked roles of hay. I question this wisdom and tell him that that isn't going to be tight enough to satisfy that much of a top heavy load. He assures me that they do it that way all the time. Well, he didn't make it 50 yards and on his first turn, the load leans on a small rise that he rode up on and the load falls off of the left side. The hay lands on my 4 strand barbed wire fence and tears up that section.

I cleaned up the dumped bales and reload him, two of which got damaged so much from the barbed wire chewing on the net wrap that they were either busted open, or about to bust open. I set those two aside, and got two more out of the barn and reloaded him. This time, he called his employer and made them bring some heavy ratchet straps to tie down the hay.

Instead of leaving my place and going to the dairy farmer / buyer, I found out that they took the load back to their farm, unloaded it and reloaded it. One of the roles busted open there and they took only 32 of the 33 roles to the buyer. I didn't find this out until the buyer called me and told me that they had busted one open at his place upon unloading and also that he had recieved only 32 of the 33 on the first load.

I called the owner of the trucking co. and he acted like he was upset that I asked him to pay for the damaged roll of hay, stating that he would just drop the check in the mail and cut his losses. I never mentioned for him to pay for the damaged fence that was brand new. The fence has been up for 1.5 years and now it will have to be repaired because of the drivers unwise decision about not strapping the hay down.

What are your opinions of this? I don't think I will ever see the $$$ for the lost roll from the trucking company. I know they arent going to repair the fence, we didn't ask them to do that, even though it was their fault.

I know I wont use or allow this company to come get my hay again.

What do yall think?

Marshall

 

[bczoom]

The trucking company should be liable for all damages.

 

[bordercollie]

Bczoom is 100% correct. It is the only ethical thing to do on the trucker's part. Once a bull is on a trailer, it belongs to the other person-until the the gate is latched on the trailer it is ours. He should have insurance- tell him you need his insurance to pay for the fence too. The missing bale should be between the buyer and who he hired. IMHO. It's all in the honor a person has. Bordercollie

 

[Red Beard]

I'll bet that bale didn't get wasted on the truckers farm. Part of the fringe benifit plan. I also seem to end up fixing my own fences and no one has ever offered to do the repairs, including an incident last summer with a company somehow got 2 strands of high tinsel wire, about a hundred yds of it plus a couple posts, three windrows into the field with his haybine. They also turned around twice in a corn field, with the haybine running, when they only had to drive straight for 1/4 mi.I wonder if the driver had to hide to take a dump. They won't be back either!

 

[Marshall]

No, that hay didn't go to waste, they break open round bales there, square bale them and sell them as square bales. What do you think they did with the broke open bale? Just throw it away???? I know not... fringe benefit plan alright.

Ticks me off...

Marshall

 

[Doc]

It would tick me off to. Low lifes. I would be sure not to do business with a company like that, and i would spread the word. It'll catch up to them in the end.

I wonder if the folks in the office even know about the part of the load that fell off? I'd bet not. I'd be sure to let them know about that and file a claim so their insurance has to fix your fence. No sense being nice to them and letting them off the hook. They are doing you dirty and they know it. It would be great if you took some pictures of the incident where your fence was busted. You could file the claim with your insurance and let them go after the trucking companies insurance.

 

[bordercollie]

I wonder if it is even the same hay the dairyman got since it was unloaded? Hay Quality is a big deal here, especially with invasive weeds like cogon grass and smut grass. It's a real shame but it looks like we will all have to watch for this sort of thing and have a signature saying how many of whatever and descriptions too. Just for the principle of it ,I would consider small claims court.Sent him a certified letter and see if he wants to take the time to go to court or do the right thing. Bordercollie

 

[Marshall]

I talked to the dairy farmer and he knows what my hay quality looks like, he said he felt confident that he got my hay, minus one bale.

Marshall

 

[ki0ho]

Why not make the buyer take delivery and pay for it at the field. Before it leaves?

 

[EastTexFrank]

Marshall, you're a nice guy. You even replaced 2 burst bales before he left.

Me ... I must be a real a**hole. I reckon that my responsibility ended when I had the trailer loaded. I wouldn't have replaced the two burst bales, I would have charged the trucking company for materials and labor to fix the fence and told the buyer that his problem was with the trucking company and not with me as I fulfilled my part of the contract, namely to load the hay on to HIS subcontractor's equipment. At that point, he owns it. I don't think that is being unreasonable when you're running a business.

One thing that I've started doing lately if I'm involved in something like this is taking lots and lots of pictures. It's so easy now with digital cameras and camera phones. There's no reason not to do it and it's a great argument ender ... and if it ever becomes a legal matter, they're great to have. There are so many people out there these days that just want to take advantage.

 

[Luvmykubota]

I agree with all of you. Trucking company without question. When I was a young feller, I ran my Ford Mustang through thirty yards of a neighbor's fence. Before I even had a chance to lick my own wounds, my old man had me out there fixin that fence, and no shortcuts either. He came out and checked it to make sure I left it better than I found it. Where has that gone? Today, people won't even accept the responsibility.

 

[Brutus]

Once that load was tied down (the first time with rope) it belonged to the trucker. His negligence caused your fence to be wrecked. The trucking company is liable for the damage. They are also obligated to buy the bales that were busted up in that mishap. They are also liable for any shortages of the load. You loaded 33 bales, you should get paid for 33 + 2 busted ones. Pure and simple.
It was suggested that you get your insurance company to go after the trucker. Good way to do it. Saves you the hassle of doing that yourself.
You fix your fence. Pay yourself a decent hourly wage for the work, plus the cost of materials, fuel, whatever expenses you incur in putting that fence back right.
I bet this ain't the first time they dumped hay.

 

[2810guy]

we all lose!

I was a truck driver for many a year and it was always said, when "I" meaning the driver accepted the load and it was on my truck, i was responsible for that load and any damage done from the load or my truck. I my belief also the driver of this load knew he was picking up hay and came "un-prepared" Shame on him! Now being the "seller" of the hay, I would have threw his !!!@*&## out and refused to load him.
You are a gentleman for reloading him again when part fell off at the farm. You need to press the issue about the fence damage and extra bales of hay, with the trucking company. The old saying,"Nice guys finish last" well in this change what happened to the other party and bet you anything you would get charged for damages, its only fair. Your not being unfair, your just tring to recover loss and damages done to you.
Sorry for the bad experience, there are still truckers out there whom care. I train this into them everyday. John

 

[alongston]

Yes, trucking company would be liable. I wouldn't use them again.