Would someone out there please share your TONU clause? I've exhausted my internet search to no avail...
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
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.
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.
