Ridiculous Contractual language

Its more than poss. that broker will try to say that BOL did not arrive on time even if you had a signed overnight del. from ups just so they could keep your payment for load?

 

The question is, if one agrees to this, does that over rule one's eligibility to file on a bond for non payment? It is a legal question..

 

Would that language even hold up in court? I mean if you deliver a load and have proof of delivery then they have to pay you. No matter how they try to sneak out of it. But, I'm only a CB radio lawyer, not a real one.

It's like these brokerages, TQL comes to mind here, where there is a claim on 1 load and they illegally withold payment on that load and all other loads. That's illegal and a contract cannot void federal regulations that say otherwise.

But.... these shysters do these things and get away with it. Good for you on letting them keep the load. #### em! There's 10,000,000 other people out here with loads that don't have such outrageous terms.

 

Those terms/language are ridiculous. No one should ever agree.
My guess is that it actually comes from a smaller volume broker not a larger one. As broker you typically cannot invoice the shipper for a load without the BOL/delivery proof and there are times when a carrier will not submit this information back to you in document form for 10-14 days.
Truthfully there are stressful weeks when you wish carriers would be faster with paperwork so you can keep the cash flow goals, but to go that route instead of making simple follow up phone calls is just crooked business.

 

Yeah this smells like 'small business owner gets super pissed about calling trucks 112 times trying to get POD's to bill customers with and writes hilarious terms in contract' more than 'trying to rob people'. I say this because I think this doesn't look like anything a lawyer signed off on.

I feel the guys pain. Getting carriers to send in paperwork is either instant (because they need the money too) or it can take 30+ days if they don't really care. I've had customers who needed POD's to get paid themselves have a complete meltdown about this.