TONU Clause

My clause is verbal....and after the fact. I tell the broker a number and if they fight for the shipper then they are not on my side and will either pay or we are done.

It has only happened a few times and you can tell right away what side they are on and go from there. All 3 times I have been paid what I asked for or very close.

I am sure this is not the best way but it is the easiest and most direct for me.

Just my .02 cents...

 

I am a rare one I suppose but I don't know how any true one person operation can read every carrier packet or take the time to have every broker sign and return some useless tonu form.

I don't check peoples credit and it has only been a issue 1 time in 5 years....and they also paid eventually (70 days).

Start your own list and have it in your face in your office/cab! With thousands of brokers you want to remember the issue brokers...

 

I am leased to a carrier, but I book loads and deal with my own customers directly for loads. Any broker or shipper I deal with has to sign and agree to my carriers TONU clause. I do not know the exact verbiage,. I am not privy to the confirmation process with brokers. I do get CC'd the rate/con in a PDF after everything is signed.

It basically stipulates that once we have confirmation,.. if the load is canceled they pay $500. Not the $75 - $150 they all claim is the industry standard. No one has ever canceled.


Hurst

 

Do you do the same with detention?

Are you a one truck operation with your own authority?

May I ask the amount that you asked for for detention and TONU?

I'm still trying to figure all that out... seems everybody has a different idea about it

 

The reason you don't find any is because you need your lawyer to create one based on your needs.

 

True statement. In order for any agreement to be upheld in court, a lawyer needs to create the language. People/customers seem to have more fear of a letter from an esquire than they do from Johnny Jake Brake's home office in a hand written envelope.

I had a TONU about 2 years ago now from DSV Roads, formerly UTI. They agreed to pay the $250.00 TONU for their mistake, as it was in the confirmation that TONU's were $250.00.

We waited and waited and waited, finally said I'm gonna bug these people until they get sick of ME, cuz I have time to email and call them every day.

1.5 years later after threatening them through a collection agency we hired, they sent a check for $100.00. The collection agency gets 50%, LOL...don't matter to me, I just said I was gonna get something no matter what, and I did. That's all that counts. I hate dealing with that type of brokerage. Unfortunately there's thousands of them like that.

 

I am a solo show all the way....yes my own authority.

I don't do detention....if I show up and it appears you are not going to have me loaded and off of your property in about 2 hours or less....I am leaving. Then comes the call to the broker concerning the TONU.

These things are rare for me now....almost everyone I deal with now is knowledgeable and know what they need and when they need it.

 

This is the way the industry would be fixed if more people adhered to this policy!

 

Umm.. No. It's a good idea to get a lawyer, so, like @Ridgeline says, it's tailored to your specific needs.
It will hold up in court in either case. The benefit of a lawyer though is so it's less of a fight as the wording is what courts like.