Old Dominion Freight Line, Inc.

Initial Business Response /* (1000, 5, 2016/05/10) */
The freight in question delivered on the 2nd of December without exception, meaning that ***'s wife received it in good conditionNational Motor Freight Classification Item states that concealed damage must be reported to the
carrier within days, which did NOT occur in this caseFurthermore, our Tariff limits our liability to cents per pound on items purchased over the internet and used items, which this item wasMr*** provided us with an e-mail showing that the earliest notification to ODFL was the 27th of December
Initial Consumer Rebuttal /* (3000, 7, 2016/05/11) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Item 300135-A Reporting Concealed Freight Damage
(a) When damage to, or loss of, contents of a shipping container is discovered by the consignee that could not have been determined at time of delivery it must be reported by the consignee to the delivering carrier upon discovery(b) Reports must include a request for inspection by the carrier's representative(c) Notice of loss or damage and request for inspection may be given by telephone or in person, but in either event must be confirmed by a written or electronic communication(d) While awaiting inspection by carrier, the consignee must hold the shipping container and its contents in the same condition they were in when damage was discovered, insofar as it is possible to do so(e) Unless otherwise specified by the carrier, notice of loss or damage should be provided to the carrier within five (5) business days from the date of delivery(f) If five (5) business days, or such other period as specified by the carrier, pass between the date of delivery of the shipment by carrier and date of report of loss or damage and request for inspection by consignee, it is incumbent upon the consignee to offer reasonable evidence to the carrier's representative when inspection is made that loss or damage was not incurred by the consignee after delivery of shipment by carrier
Per NMFTA, "consumers who file a freight claim after the five day period have an additional option for ensuring customer satisfactionWhen a customer has not reported such a claim as specified, he or she becomes responsible for providing the habeas corpus, or body of proof, that the damaged or missing items were the result of poor actions on behalf of the carrier."
Considering the fact that the crate was marked as "Do Not Stack" and there are puncture marks where an item was stacked on top of the crate, indenting the cardboard with the machine that was inside it, is prima facie evidence that the carrier did in fact damage the contents of the shipmentRegardless of the timeline, ODFL damaged the contents and are held responsible for reimbursement of said damagesProof of which has been provided to the carrierFurthermore, it states that the damage "should be", not "shall", and it states "Unless otherwise specified by the carrier", which on the claim form from ODFL, it states months
Under part (f); If five (5) business days, or such other period as specified by the carrier, pass between the date of delivery of the shipment by carrier and date of report of loss or damage and request for inspection by consignee, it is incumbent upon the consignee to offer reasonable evidence to the carrier's representative when inspection is made that loss or damage was not incurred by the consignee after delivery of shipment by carrierNo inspection has been made, I am still in possession of the shipping container and the evidence clearly showing the negligence of the carrier
Final Business Response /* (4000, 14, 2016/05/31) */
First, they are not a third partySecond, OD's employee did make the inspection on the 24th of MayThird, the freight was not properly packaged as it had minimal internal packagingForth, the freight is used and our tariff states that our liability on used goods is cents per poundBased on the weight of the shipment our liability would be $
Final Consumer Response /* (4200, 16, 2016/06/01) */
(The consumer indicated he/she DID NOT accept the response from the business.)
If you want to be an *** about it, here you go:
The caller who made arrangements to come by stated themselves that they were a third party contractor
An ODFL employee did come by on the 24th, a day after they were supposed to and without appropriate noticeThey called at 10am stating they would be there in an hour at 11amI had an appointment at 11, therefore they had to wait until I was doneHad they shown up on the 23rd as scheduled it wouldn't have been an issue
The freight may not properly packaged, however it was packaged by ODFL, therefore ODFL is responsible for any damage caused by the packaging or lack there ofFurthermore, the damage wasn't from the lack of packing, it was caused by stacking another item on top of the crate when the crate was clearly marked as DO NOT STACK, written multiple times all over the packaging, printed on several sides, and hand written on top of the box
The freight may have been used, but cost me $2000+, your claim to a liability of only $is not only ridiculous, but asinineNot to mention that ODFL has already offered $500, you cannot re-offer a lower priceI expect nothing less than the total amount I paid, $2,

The service that this claimant selected is known as our security divider service, SDS. This service is where the person loads the trailer themselves and secures their belongings in the trailer. The carrier then puts up two pieces of sturdy plywood along with two load bars and applies a
seal. The carrier simply provides the move between the two points. Customer confirmed that the seal was intact and the plywood was up at the time of delivery. This is the reason for our declination of the claim as the claimant, which they must legally do, did not prove that the damage was due to carrier negligence

Returned call and sent email we are working to set up a time to talk about this Complaint. Thanks, Chip

I am rejecting this response because: this is the same response that they have provided in the original emails. This is unacceptable "fair amount", and still does not provide the responsibility that ODFL should take for the damage to the product. Attached is the picture of the product as it arrived to our warehouse, we are working on getting the picture from the shipper on how it left their facility. The pro bill number is ***

We are not arguing that the carrier damaged the freight, we are taking responsbility for that very thing however the liability limits are $5.00/lb. The Carmack amendment states that a carrier has to offer two levels of liability, we do this with our liability limits as well as offering additional cargo liability. The freight in question did not ask nor did we apply additional cargo liability. Our offer is the most allowed based on the Carmack amendment

I am rejecting this response because: that is one of the questions I have asked in the initial email communication, was this information stressed to anyone within the company? Was the tarrif list and cost of additional protection provided to someone in the company? Is it assumed on ODFL that everyone knows this information? As the carrier offering such additional assurance then I would say that this is information that should be stressed and confirmed provided to the company hiring ODFL

Initial Business Response /* (1000, 9, 2015/11/05) */
We can not locate the shipment using the name of the individual who filed the complaintWe'll need the invoice number before we can research and reply and will gladly do so upon receipt of sameThank you

We have taken this complaint seriously and investigated it thoroughly.  We are in agreement with the complaint that this appears to be a "he said - she said."  Our driver, an excellent employee, is certain that he did not cause the claimed damage.  This...

morning, 11/22/2017, I have left a message for Selina to discuss her complaint but I have not yet heard back.  Please let me know if you have further questions.  -Chip C[redacted], Director & Assistant General Counsel, Old Dominion Freight Line, Inc.

Initial Business Response /* (1000, 5, 2015/12/04) */
Good morning, I have addressed this issue with Mr. [redacted]. An e-mail was sent to him yesterday advsing that we were paying the legal maximun amount of $3,534.00 and that he needed to pay the prorated freight charges. Our manager in Fort...

Myers Jerod E[redacted] is going to exchange checks with Mr. [redacted].
Furthermore, we addressed the poor crating with this company on X-XX-XXXX with [redacted] at [redacted]
As for the desired resolution, it is contradictory however we are paying the $5/lb which is our tariff limit.
Regards,
[redacted]
Initial Consumer Rebuttal /* (3000, 7, 2015/12/07) */
(The consumer indicated he/she DID NOT accept the response from the business.)
Old Dominion is forcing us to pay in order to receive our damaged freight claim! They are giving us less than half of the value of the product shipped and then want over $600 from us in order to release the check!
Old Dominion determined that the crating was not appropriate for the type of truck the items were shipped on, not that the crating was "poor". Why did they accept this delivery instead of sending a flatbed truck? Now they want us to pay them for shipping something they destroyed and accept less than half the value of the damaged goods.
The pipe shipped was 21' lengths. It was crated so that the crates could be lifted from the side. Old Dominion maintains the crates should have been accessible from the end by forklift. The crates were loaded onto the truck that was sent with no damage, however, Old Dominion, or their agent, destroyed the crating and its contents during changing trucks/delivery en route.

I am rejecting this response because:
Prior to delivery I had no damage to my garage door. The driver should have not delivered the item without me being present.

Attached is a document that was sent to [redacted] that outlines our liability and clearly outlines the $5.00/lb. Regards,

The reason it was $794 was because at that time we had pricing in place for the shipper therefore we gave him that same pricing as a courtesy. When the other shipment moved, there was no pricing in place as it had been cancelled.

My name is Chip C[redacted] and I am an Assistant General Counsel at Old Dominion Freight Line.  Thank you for brining this to our attention and we have reviewed the complaint in detail.  Please allow this to serve as our response:This was a curbside delivery.  It was...

communicated that it was a curbside delivery before the delivery (when the delivery appointment was being set up.)  When our driver arrived at the delivery location he advised the [redacted] that he was not allowed to drive onto the [redacted]' property or driveway.  He advised that he would uncrate this playground equipment and bring it to the rear of the trailer.  The [redacted] brought a utility trailer and loaded smaller cartons onto it as our driver brought them to the rear.  Together they loaded longer items on their trailer.  The freight was in the nose of the 40' van and crate was about 10' long and it would not fit on the liftgate so that is why the liftgate was not used.  Since our driver was parked on a busy country road he was unable to leave the truck unattended and assist them with unloading from their trailer. It is unfortunate that the [redacted] feel that they had a bad experience.  However, since we communicated the scope of our delivery before the delivery and performed the services within that scope then a "refund" from Old Dominion Freight Line is not warranted. I have sent an email to Mr. [redacted] to see if he would like to discuss further.  Please let me know if I can provide further information.  My email is above.Best regards, Chip C[redacted], ODFL

I am rejecting this response because:
I am attaching copy of the Northbound invoice Old Dominion wanted to see, showing a price of $794

Revdex.com:
I have reviewed the response made by the business in reference to complaint ID [redacted], and I accept it.

Initial Business Response /* (1000, 6, 2016/08/24) */
We need for you to file a cargo claim, as one has not been filed as of yet. You can get it from the link below:
http://www.odfl.com/fillprintforms/ClaimForm.pdf
Also, please reference OD pro [redacted].
Regards,
Initial Consumer...

Rebuttal /* (3000, 8, 2016/08/25) */
(The consumer indicated he/she DID NOT accept the response from the business.)
I have already filled out a claims form and I received an email stating that the form was forwarded to whom ever is going to deal with it.
Final Business Response /* (4000, 10, 2016/08/26) */
Yes, we received your claim on the 23rd of August - which is the same day that you filed this complaint. We will allow the claim to be handled in accordance with the cargo claim laws.
Final Consumer Response /* (2000, 13, 2016/08/29) */
(The consumer indicated he/she ACCEPTED the response from the business.)

Initial Business Response /* (1000, 5, 2016/05/12) */
First, there was no additional liability (Insurance) on this shipment. Second, the freight delivered without a notation of damage. Third, we did have an independent (not a company employee) inspector go and inspect the freight. At that time...

it was found that the packaging had been disposed of. During the course of the claim investigation we did send letters to [redacted]@GMAIL.COM. All cargo claims are regulated by a federal code called CARMACK Amendment. In this particular situation we did decline the claim due to the packaging not being retained. So, if the freight was damaged in transit then there should be some damage to the outside of the carton. If there is not then it may be that there was insufficient protection inside of the carton. Since the packaging was discarded it is hard to determine which was the case.
Last, but not least, glass frames and works of art are on our prohibited commodities list - which limits our liability to .10 cents per pound.
The claim will remain declined.
Initial Consumer Rebuttal /* (3000, 7, 2016/05/13) */
(The consumer indicated he/she DID NOT accept the response from the business.)
To begin with, as I stated before, they had never sent me any correspondence, which makes sense, as my email is [redacted]@gmail.com, and I have been telling them for almost six months that they have been sending things to the wrong place, which means they are sending letters with all of my personal information to god knows where. Secondly, I called less than 30 minutes after receiving my shipment and finding damage, and would GLADLY have retained packaging, had ANYYONE THERE TOLD ME TO DO SO! Nots a word was (purposely) said about this. Third: who you choose to send to do your your inspections has nothing to do with your customer, as we don't know or get a choice, and therefore should have no bearing on how my case is handled. That's on you. Fourth: the seller chose company and method of shipment. I had no choice in that either. All I did was make a purchase. I can GUARENTEE you I would never have chosen this company, and will do my level best to spread the word far and wide about your business practices.
Again, I contacted the company within MINUTES of receiving damaged goods, and no one told me to retain the most important item, which I could have easily done. This was done on purpose.
Final Business Response /* (4000, 9, 2016/05/16) */
Miss [redacted],
What is the weight of the picture and frame?
Final Consumer Response /* (4200, 11, 2016/05/28) */
(The consumer indicated he/she DID NOT accept the response from the business.)
It is 35 pounds, but I'm not accepting $3.oo for a $3,500 piece of artwork that was damaged and has now lost it's value, if that's what you're thinking of offering.

Initial Business Response /* (1000, 5, 2016/09/29) */
Please note that we have spoken with Mr. [redacted] to make sure that delivery was made and it is our understanding that his complaint has been resolved. Thank you very much and please let us know if you need anything else. Best regards.

The Carmack Amendment, which regulates all carrier cargo claims, allows for all carriers to limit their liability - OD does this by limiting ours to $5.00/lb.  Furthermore, all carriers are legal liable to deliver freight to the consignee as part of the bill of lading contract.  It would...

be most helpful to know the pro number (tracking number) of the freight in question.
Regards,
Geoff S[redacted]

After reviewing this even further the reason for the reduced rate of $794.92 was that the shipper got a rate quote using our 4848 pricing while the shipment that originated in NY moving south bound did not. I will have the pro heading southbound adjusted to the correct rate of $411.36 (after applying our 4848 pricing) so they will be receiving a refund in the next few weeks for the difference between what was paid and the new amount. Once again I apologize that this has gotten to this point and have contacted both parties you mentioned about their lack of follow up. Sincerely, David N. H[redacted]