Pursuant to our conversation yesterday I delved into my file relating to the disputed amount. My findings are below.
Any deductions made against trucking invoices already paid were deducted in good faith. PFSL admitted to miscalculations in fuel surcharge and monitoring days and we took deductions accordingly. PFSL elected to choose return times for empty containers beyond industry standard and reasonably expected return times and as such we took chassis charge deductions accordingly. PFSL overcharged detention time and we deducted a half hour accordingly. We specifically chose the deductions taken to be just and not punitive.
As such, it is our belief any amounts outstanding outside the per diem invoices are settled and $4932 is the incorrect amount upon which to base a settlement.
This leaves $4400 in per diem invoices left to discuss. …show more content…
Per the pick and delivery schedule given to and agreed upon by PFSL these containers should have been picked up from the terminal on a Monday and delivered on a Thursday. Industry standards dictate containers should be returned the following working day, and they were not. PFSL contends that the schedule given to them left no time to return the containers within the free time allotted causing the per diem. The issue taken is not with said contention, as we did request the full usage of the free time, but instead the liberties taken at the discretion of PFSL with the timing of the returns above and beyond any agreed-upon schedule. Had the schedule been followed, the total per diem would have amounted to $600 per container, not $2000 and