Broker doesn’t want to pay/one of those days

Discussion in 'Ask An Owner Operator' started by Olec, Jan 23, 2025.

  1. Olec

    Olec Bobtail Member

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    What I didn’t say in my first post that changed everything? I never had anyone decline to pay the TONU rate before. If I would be running charity I would not post this scenario here.
     
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  3. Long FLD

    Long FLD Road Train Member

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    What all do you have in writing and agreed to by both parties?
     
  4. Olec

    Olec Bobtail Member

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    To pick up the load at the specific time and deliver it by a specific time. That’s an agreement.

    The shipper didn’t load the trailer. Lost hours in waiting. Then the shipper closed. Spent too many hours at the shipper missing the appointment at the receiver.

    If waiting more hours at the shipper for the next crew to come it, the driver would not make it before the receiver’s closing. It would have to be rescheduled on a different date to unload.
     
  5. Long FLD

    Long FLD Road Train Member

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    Yes, I understand all of that. What was agreed to in writing as far as TONU is considered? Or detention pay if the driver had waited? Who released the truck?
     
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  6. Olec

    Olec Bobtail Member

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    The contract didn’t mention TONU or detention rate. The rate con says nothing.
    Does all have to be spelled out, literally?
    The contract is pretty simple.
    But it does say that the carrier is contracted on those dates/time frame per the rate con. So, the driver isn’t obligated to stay an extra day, out of that timeframe.
     
  7. Constant Learner

    Constant Learner Medium Load Member

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    What BOL if the driver doesn't pick up the load?
     
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  8. wichris

    wichris Road Train Member

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    You didn't move the load. Unless the rate con/contract specifies TONU/Detention the bond won't pay.
     
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  9. FloridaRetired

    FloridaRetired Medium Load Member

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    For TONU, there won't be any BOL issued naturally.
    You use your rate confirmation that the load was given to you which still does not prove you arrived there at the shipper site. You may attach your ELD logs but practically, with TONUs, you're at a mercy the broker especially when the broker-carrier agreement does not specify one.
     
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  10. JimmyTwoTimes

    JimmyTwoTimes Medium Load Member

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    Ignore the guys ranting at you because you don't have a BOL, you wouldn't have one for a situation like this.

    Like a few other posters mentioned, it isn't likely that you will be able to recover any funds here. Someone told you to take the broker to court, but honestly I wouldn't recommend it. I would be shocked if you come out on top in the court case, and they can counter sue for their legal fees which would mean you are risking thousands of dollars for a $250 TONU.

    I'd mark them internally as DNU, and move on. Just my two cents.
     
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  11. FloridaRetired

    FloridaRetired Medium Load Member

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    Too bad accessorial fees, including the handling of lumper fees are not standardized.
    Maybe they should be. Not about how much but determining the liability on the part of the broker. Most of the agreements specify those but the default fees are ancient, subject to negotiate but few bother to do it at the time of signing.
    Part of the problem is that few read those contracts AT ALL before signing and in this case the dishonest broker uses it as an excuse to not pay.
     
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