I think of all of the things that are discussed on this forum, I think this is one of the most important.
I have a lot of questions about this but let's start out with this.
How many of you write your own agreements that the broker agrees to?
What are the parts in your agreements that brokers give you the hardest time over?
Do you cross out accepting arbitration and that any legal work will be done in the state of the broker? How has that worked out for you?
Has this worked for you with General Freight, or do you have some other part of this business that you are in?
For every 10 brokers you attempt to book a load with, how many of them say no to your agreement?
Making your own agreements for broker
Discussion in 'Ask An Owner Operator' started by Dino soar, Nov 14, 2020.
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I have crossed stuff out, and nobody has said anything. I expect they probably didn't look, though. Hopefully you get a lot of good replies from people with experience, because I'm interested as well.
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I don't know what a brokerage would do or say if instead of signing the agreement construed by them you'd propose your own. My guess is that they would most likely reject it, especially when we deal with a random DAT load board booking. After all, whoever pays the money is the one calling shots.
The same thing - that I am not so sure of its effectiveness - is crossing out, blacking out, annotating on margins, stamping with your own ideas their documents.
Having said that, on some contracts I have signed, I've done some annotations on margins and crossed out a few lines and they never responded with objections but I would not be surprised it those amendments somehow would not matter, if a push came to shove.
However, whenever I see something blatantly odd or unacceptable, e.g. we pay you only after we get paid first, then I don't even try to negotiate this - I refuse to haul for them, even if they change they mind. The very attitude of having it in the contract is too disturbing for my peace of mind.God prefers Diesels, feldsforever and D.Tibbitt Thank this. -
Also, recently I came across one that didn't have any payment terms at all so I sent them my addendum that has payment terms, late fees and other policies on it to sign. They never responded and I never followed up with them over it either. I routinely cross out things I don't like and I will usually let them know in an email of things I crossed out. I've never had them refute me except on a couple rate cons so we decided no to do business together.
One thing to consider is who holds the most solid ground when these negotiations take place. If you are in a weak market, you're not getting anything in your favor at all unless they are totally desperate. Same goes for you, the carrier. If you're in a strong market then you have the upper hand so you can, and should use it to your advantage 100 percent.Last edited: Nov 15, 2020
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@PPDCT any insight ?
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