Armchair lawyers of TTR...

When you sign up for a broker, and they have stipulations on their terms of service making their contract supersede your circular, or stipulations that absolve them from 371.3, what happens when you still make your own circular saying your circular supersedes their contract, stamp it on the BOL, and they sign it?

Who wins? I just filled out the one for TQL, and I feel like I need to wash my hands, and take a shower now.

This is for my own curiosity. I don't actually have a circular or any kind of ToS.

 

Exactly. And it said exactly that, almost word for word. I expected it, but it still made me sick.

 

This is the verbiage I was talking about:

"Any terms of the bill of lading (“BOL”)(including, without limitation, payment terms, limitations of liability, and stamped terms) or CARRIER’s tariffs or circulars that are inconsistent with either the terms of this Agreement or any agreement between BROKER and CUSTOMERS are void and will be controlled by the terms of this Agreement."

"BROKER and CARRIER will use commercially reasonable efforts to verify the accuracy of all freight charge billings invoiced by BROKER to CUSTOMERS for the Services performed by CARRIER. BROKER will have the right to audit, from time to time, CARRIER’s freight charges, and CARRIER will fully cooperate with any audit. BROKER is not required to disclose its charges to CUSTOMERS, commissions, or brokerage revenue,
and CARRIER waives its right to receive, audit, and/or review information and documents to be kept as provided in 49 C.F.R. § 371.3."

 

I wholly agree with you, believe me. But I'm a new authority, and want to keep that option open for a few months, until other people will let me haul for them. I might not like dealing with the "Halliburton's and Schlumberger's" of the freight world, but these Ramen noodles don't pay for themselves!!

Now I don't plan on hauling cheap, either. If I can't get the money I want, then I'll find something else. I used to own a framing company, and I learned you never bid jobs like you're desperate. "Gimme died, and free don't live here anymore."