oversize partial ?

I totally agree.

I always tell them it's mine, I'm taking it home

 

Some of them are real picky about it. CSX won't allow anything else on the trailer that has their junk on it. I don't know how allfr8 moves their cheap stuff. It always 1.00 to 2.15 a mile. When I call them I always ask have they started paying more?
If was me I'd send the shipper a demand for payment with a copy of the suit to be filed if they didn't pay.

 

Actually, it's nothing like that. The scenario you are presenting would be akin to a non-compete contract, which is nothing like the situation the OP was working with.

Sorry, but I don't have a lot of sympathy for the OP in this case. He has admitted he violated the agreement by either accidentally, or willfully, ignoring the rate sheet. He had the opportunity to decide whether to accept the exclusive use terms or not. Nobody forced him to take the load.

BTW, I am not saying that I agree with the carrier, or their action, but they and the customer have a legitimate beef.

 

It gets a little tricky. If I show up with a few of my tarps on my trailer is that still exclusive use ? I don't think anyone would ever complain. If I show up with a few tarps someone paid me to transport would that be exclusive use ? probably technically not.

If I show up with that telehandler someone is paying me to move of course this shipper and ATS feel that that is not exclusive use. But what if I were to buy a telehandler for myself and show up with it on the trailer ? then is it exclusive use ?

but again, I don't think it even matters whether it was exclusive use or not. All that means is that I voided the contract. Voiding the contract doesn't mean you get to load the guys truck, exploit his service, and then pay him whatever you want. Actually, if they felt the contract was voided then they broke the law by shipping without a contract. I addressed the shippers concerns with him and the broker before they loaded my truck and was led to believe the situation had been resolved.

I want to hear what the judge would have to say, but I think I got this one right. Me showing up with a partial would have given them just cause to turn me away or even sue me for costs to reschedule, but they waived all that when they loaded my truck, IMO. attempting to renegotiate the rate after delivery is fair. very, very lame, but fair. Of course I can just say no, or demand more money.

 

Fine by me. I'll close and lock my box, go home, but I expect my 12 hours of pay.

See ya tomorrow

 

Few years back, I carried my motorcycle on my upper deck, since I rarely hauled anything up there. I constantly had problems with shippers complaining about exculusive use till I tell them that it was my personal bike.
One day went to haul load of pipe and had shipper want me to remove the bike so they could put a pallet of glue on the upper deck. I clealy stated in the rate sheet, that they was only renting the lower 42' deck. I showed them this, they called the broker and shipped the pallet on another truck. Then was told not to come back.
You take them to court, you and you'll probably win your money but I doubt you'll get attoney fees. Sometimes winning the battle loses the war.

 

that's why I want to take them to small claims, I don't get an attorney and neither do they.

 

You can have an attorney in small claims and if you're suing an INC. either an officer thats stated in the corp papaers or lawyer has to represent them
or in Al. they do. If you send a demand for payment to the shipper via fax or email ats will be calling you. I had a LS agent once told me they's doing me a favor trying to get me a tonu. I called the shipper and the originating broker was all over them, lady said you can't call the customer. I told her, you wasn't interested in getting me paid they sure are. told the stupid lady never call me agian.

 

That didn't turn out very good.What happened??