On October 14th, 2011 we hired Aaarthick Transport 7180527 Canada Inc. to pick up a load of mixed citrus produce from our client in Toronto, ON. They were to deliver this load to the consignee in Boucherville, Quebec on October 15, 2011 at 8 AM. While the load was on their trailer they were responsible to maintain a temperature of 42 degrees F from pick up to delivery.
We sent them a load tender providing all of the information required to deliver the load on time and in good condition. Upon delivery to Provigo the receiver rejected the product due to temperature abuse. The product was damaged as the refrigeration unit on the truck had malfunctioned.
Once we learned of this, and our customer sent us the claim documentation, we submitted an intent to claim and claim invoice to Aaarthick Transport and their insurance broker (As per protocol). We received a call from the broker stating that Aarthick was not covered for "reefer breakdown". Before hiring any carrier to move a load for one of our clients, we request a copy of their certificate of insurance showing our company as a certificate holder. We require that all carrier hold Cargo Insurance and there was no mention of not being covered for reefer breakdown.
We have made several attempts to contact the owners of Aarthick Transport and each time are told they are not available. When we have managed to reach one of the owners, they say they will get back to us or they are in court... etc. The claim amount is $25, 924.70 CAD for the lost product (of which they have made no attempt to honour).
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