Leasing to new company

Discussion in 'Ask An Owner Operator' started by 256 logistics, Mar 14, 2013.

  1. 256 logistics

    256 logistics Bobtail Member

    9
    1
    Sep 1, 2012
    Ohio
    0
    I'm looking at possibly leasing on to a new auto transport company but i have a few concerns about the contract they want me to sign. My concerns are... The non compete agreement, the 5000 deductable for insurance, and the fuel tax (IFTA). The non compete agreement seems a little steep considering that they will not me training me. They said that is more for their trade secrets and customers contracts. The 5000 deductable is insane in my opinion.
    Below is the a copy of the contract. Please give me your serious input.


    LESSEE SHALL PAY LESSOR FOR EQUIPMENT as follows: 85% of gross revenue the week following the week it was done.

    The following insurance is provided by LESSEE: CARGO AND Liability
    (refunded by LESSOR)

    The following insurance is provided by LESSOR: Bob tail

    RESPONSIBILITY OF EACH PARTY WITH RESPECT TO:

    LESSEE: Providing DOT number, MC number, and loads

    LESSOR: fuel/mileage taxes, empty mileage, fuel mileage permits, cost of fuel, truck and trailer plates

    LESSES cannot compete with ************** Inc for 5 years after leaving unless they pay ************** Inc $5000 for their training.

    LESSES will not receive payment until ************* Inc is given log books and paperwork from the previous week.

    LESSES will not use their cell phone while driving.

    LESSES will be leased to *************** Inc and no other loads will be allowed to be moved.

    All LESSES are required to use electronic logs.

    ************* Inc must be made aware of any traffic citations the driver is given.

    No truck leased on to ************* Inc will be older than 10 years.

    All LESSES are required to pay for freight damage they miss or do. Insurance will not be used unless damage exceeds $5,000.

    A two week notice must be given to **************** Inc for a lease cancellation or LESSEE will not be paid the last check.

    This lease can be cancelled any time by *************Inc.

    Driver Name and Address
    ______________________

    ______________________

    ______________________






    LESSEE SIGNATURE:________________________DATE:______________

    LESSOR SIGNATURE:________________________ DATE:______________

     
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  3. Old Man

    Old Man Road Train Member

    4,597
    13,471
    Apr 3, 2009
    Oklahoma City, OK
    0
    Run that by OOIDA. Don't think it meets leasing rules
     
    landstar8891 Thanks this.
  4. landstar8891

    landstar8891 Road Train Member

    2,414
    2,311
    Feb 4, 2012
    NY NY
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    Amen................
     
  5. 256 logistics

    256 logistics Bobtail Member

    9
    1
    Sep 1, 2012
    Ohio
    0
    I just checked the OOIDA website and can't find anything. Might have to be a member to get more info? What isn't meeting leasing rules? Any other thoughts?
     
  6. critters

    critters <b>Late For Dinner</b>

    1,444
    2,440
    Jul 16, 2011
    traverse city,MI
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    it dont sound right to me either,you do need to be an ooida member for their web site but worth the 45 bucks a year especially with contacts.
     
  7. oneshot

    oneshot Medium Load Member

    626
    248
    Feb 28, 2009
    mississippi
    0
    Well if that's it,it's to short. Like someone made it up on there lunch break.LOL I see no mention of address of said company where business will be conducted. Where logs or any other maint reports and other dot required items will be. And regardless how u quit, if u turn in all paperwork,by law they have to pay u. May be a hassle,but they have to pay u.My lease is about 12 pages. Granted alot of legal mumbo jumbo. But everything is detailed and both parties are protected.
     
  8. stranger

    stranger Road Train Member

    3,640
    4,959
    Oct 10, 2006
    NC
    0
    You do know this means they will provide said insurance, but you will pay for it. Run Forrest run.
    Very unprofessional. They can't even work a contract correctly, as an example:
    You will also end up paying for every scratch on every vehicle, wether you did it or not. They will deduct it, and there's nothing you can do about it.
     
  9. 256 logistics

    256 logistics Bobtail Member

    9
    1
    Sep 1, 2012
    Ohio
    0
    You do know this means they will provide said insurance, but you will pay for it. Run Forrest run.

    The following insurance is provided by LESSEE: CARGO AND Liability
    (refunded by LESSOR)

    Don't they have to provide the insurance since they have the authority?

    You will also end up paying for every scratch on every vehicle, wether you did it or not. They will deduct it, and there's nothing you can do about it.

    All LESSES are required to pay for freight damage they miss or do. Insurance will not be used unless damage exceeds $5,000.


    What's a way out of this? As far as I knew I had to do a condition report on all the vehicles and if I missed something I had to pay for it.
     
  10. stranger

    stranger Road Train Member

    3,640
    4,959
    Oct 10, 2006
    NC
    0
    #1: They don't have to pay for anything. It clearly states they will provide cargo and liability, but it also clearly states YOU will refund it to them, at whatever rate they charge you. Who knows how much they will inflate the price you pay.

    #2: What is to stop them from showing you bogus claims from loads you delivered weeks ago and deducting the amounts from your checks? You signed a paper saying that basicially you are responsible for any type of damage you didn't note. Just looking at that contract, I would not sign it unless I personally knew these people really well, and they were really honest.
     
  11. SoCo

    SoCo Bobtail Member

    19
    3
    Oct 4, 2012
    Dallas, TX
    0
    Your best way out of this is to not sign this contract agreement at all. There are other companies out there that will treat you fairly and interested in protecting themselves as well as you. If you sign this contract, you will get screwed, blued, and tattooed.

    This contract, if this is the complete contract, looks like it was written on toilet paper! Most leasing contracts have a lot more legal terminology especially related to insurance, safety regulations, etc. It's almost exhausting to read through, but at least when you sign you know what to expect. They don't give you any breakdowns for detention or layover? But they're all over making sure that you understand you pay for your cargo and liability insurance. Why would you pay for that on a truck lease? You're leasing the tractor, not the trailer from them, correct? They pay for the bobtail insurance (which is generally less expensive than cargo and liability - especially depending on what you haul).

    LESSES cannot compete with ************** Inc for 5 years after leaving unless they pay ************** Inc $5000 for their training.

    This would scare me too. So, if you pay $5000 for training you didn't receive, then you can compete for their customers before 5 years? It highlights they're not interested in anyone's best interest except the lining of their pockets.

    LESSES will not receive payment until ************* Inc is given log books and paperwork from the previous week.

    Another unprofessionally written statement. Was this written by teenagers? "LESSEES must turn in log books and paperwork to ************* Inc within a week in order to receive payment by the following week."

    I agree with stranger, RUN!
     
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