Breakdown Middle of run

Sure sounds like a large can of worms that we'd all just try and open up, since we have nothing better to do or lots of spare money to create problems.

 

The latest revision was written in 1997. The carrier has the right to demand payment upon delivery, ie on the premises not off the truck, the carrier has the right to collect the charges and pay the broker his cut, why? The broker is a non asset carrier, the broker is merely a go between. Read up boys and girls you don't know what you've been missing.

 

If you have spare money to haul freight for a broker who decides you shouldn't be paid for an unforseen circumstance bully for you. I never had to actually use the law but I understood it enough that if the time came I was prepared to use it.

 

The problem with you new breeds is twofold, you mostly have no clue what you're doing when you get in this biz due to the ease of entry and when you get there you smuck things up by rolling over and taking it, it's a big reason why I left, I could no longer compete with the stupidity.

 

Well, gee errr ahhhh, I'm sure, ahhh, glad you got out of, errr, this business. Ugh, because you would errr of put this, ahhh, stumbling, bumbling fool right out, errrr, of business.

By gosh oh golly. I never would have known I could ignore a contract I have with someone and use the terms of another contract that neither party has agreed to.

So let me see if I have got this straight. You are recommending that I have no contract with a broker. That I do not have them send me a rate confirmation. And that when I arrive at a shipper I hand them this BOL and tell them I want it shipped under these terms.

Because for what you are saying to be valid I can have no other agreement with the broker (original contract), no rate confirmation (contract for the load) and the load has to ship using this BOL (that few shippers use). Is that about the sum of it?

If I am wrong, please type slow. Remember, me aint got no fancy school'n.

 

Would love to see what his malpractice insurance would be.

 

I think what unclegrumpy is talking about is when the BOL's are marked "freight collect" which for all intents and purposes is the same as COD. The difference is the carrier makes arrangements for the payment either before or at time of delivery. COD the arrangement has already been made. For the carrier to be able to do this they must be the "carrier of record" on the BOL. If the broker is listed on the BOL,then they are the "carrier of record". Even if the carrier is the "carrier of record" they have already reached an agreement for payment with the broker. You can't just read one small section that agree's with what you want and ignore the rest.

 

Yes and no WiChris. Whether the freight is collect or prepaid if the broker threatens to withhold payment that is an oral breach of contract, the carrier has the right to collect payment from the responsible party or parties, if section 7 is not signed or the appropriate boxes are not checked it can leave the shipper and or the consignee liable.

If the load is delivered and the broker skips the carrier has the right to seek payment from the other parties involved provided the carrier did not foolishly release the parties from liability in the contract, some states have enacted legislation nullifying indemnification clauses from trans. contracts.

The broker does not have the right to take the load away from the carrier should a breakdown occur the carrier has the responsibility to find other means to finish the move.

My point is that when the poo hits the fan due to an unforseen on the carriers part the carrier has rights and protection when it comes to bully brokers, unfortunately too many carriersdon't exercise those rights, they let the broker dictate or abuse them. Thankfully I never had that problem, clearly others have as this site and other have proven that.