Broker/Carrier Contracts - Watch out! Read carefully!

I don't know about this damage clause don't think you can sign a contract with company A broker .That would excuse company B shipper from any damages.

 

The tariffs that some of you are referring to doesn't even effect most o/o.Who here even has tariffs

 

Sounds like there's a struggle of power between a broker and a carrier on who is the one making the deals. I figure if I was an owner i'd have my standards for the work I accepted and that a broker would fit my standards and not the other way around. I do think it sounds like some get away with their unfair rules simply because the carrier isn't doing any thorough research. But, why exactly would a broker care about the carrier filing a suit against damages to the other party. How is that even legal? It doesn't sound logical unless you are under a brokers authority, is that the case?

 

There's a lot of good advice in what TB said in his first couple of posts...Too many just "sign & go", and in the modern litigious age that's nuts, always read it over well and always get a copy of what you actually signed....

We always had our direct shippers that we hauled for and could almost always go with a broker known to us...We used to have some really good ones that worked with us, never a problem...But then again that was a different era..

With mostly produce (exempt) on our backhauls, the biggest concern I always had was them (shipper) loading old or damaged product...Some places you really had to watch em....Walk away to take a leak, no telling what they'd sneak on your wagon....Unloading, same thing, you better stay with it until the bill was signed...

 

Yes but my tariff specifically states that I agree to only those parts of the broker contract that do not conflict with my rules tariff. My tariff is dated prior to the broker contract and as such the broker contract is parole evidence and may not be considered by the court. I have already won several lawsuits with my tariff.

 

Hey blue was reading on here about your customer before and after 08.Did you forget about posting about working at ADM in 09 what about TMC.Now how long you had your direct customers with never any contract.

 

No it's not, the contract can have all kinds of stuff in it that wouldn't hold water when the lawyers get hold of it. But since I work both sides of this fence I'm staying out of it.

 

That's what I thought but the thing is whoever has the deepest pockets and/or patience usually wins regardless what regulations there are.