Not confused, I understand the function of an open end contract or agreement in this case, there is no termination date of the contract or an agreement to renew the contract, even through many will have such a clause and renewal as part of an addendum process in house.
My customer isn't really the trucking company, my customer is theirs.
Why?
For two reasons, one is because most of the lease agreements are specific to the exclusive use of the truck and qualified driver, not allowing someone to service another customer as would be in the case of an owner who has their own authority.
The second is that I am servicing a customer for mutual benefit, not servicing the company.
The issue at hand is whether or not the company can stipulate outside the contract for an owner to control their behaviour (*speed limiter), even if there is a company policy written. Unless the contract stipulates that the company polices are to apply to the contractors and their equipment, there is no real recourse by the company other than terminating the contract. AND this also presents another possible issue, which can be addressed by the courts, if there is a termination for refusal to follow such a policy that is only applied to employees, a case may be made for a breech right there.
Again to repeat what I said in abbreviated form - When I tell people to get a lawyer, this is one reason why. A contract for many companies is not to be kind to the owner, and has holes in it that is open to interpretation.
Money should be spent in this phase, but it doesn't mean that it doesn't go to waste, no one should go into this blindly because of the cost of a lawyer.
Is my lease agreement the end all be all?
Discussion in 'Ask An Owner Operator' started by flybynite63, Apr 21, 2016.
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