Well I signed up for Convoy today and I suppose it's standard but if you pull any trailers from them, or I guess their customers, you are responsible if anything happens to the tires, and I believe for any maintenance that's under $250.
So as I am looking through CHR agreement terms, I see that within their agreement it says for you to waive your right to the regulation 371.3.
Regulation 371.3 stipulates that if you are one party in a brokered agreement you are allowed to know what the broker got paid.
Somebody can tell me if I'm wrong but isn't that federal law regulating interstate commerce?
How do you force someone to waive the right to what federal law tells them they are allowed? Can you tell someone to wave the right of Freedom so they can be your slave forever? Can you tell someone to waive their rights so that you can just punch him in the face whenever you feel like it and they can never ever ever put the law against you?
And I'm certain that every broker does the same thing. You waive your right to find out what they are being paid.
Then why should the law even exist? What's the point?
So I guess I'll see more and more of this type of thing as I get set up with more and more brokers.
Now the fun begins...
Convoy has the same clause in their agreement and I'm sure every other brokerage does too.
- ROBINSON’S COMPENSATION
Carrier shall not claim or demand, in whole or in part, broker’s commissions earned by Robinson on shipments tendered under this Contract. Robinson shall not be required to disclose the amount of its broker’s commission to Carrier, and Carrier expressly waives its right to receive and review information, including broker’s commission information, pursuant to 49 CFR §371.3.
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Look at it from the other side. Almost all contracts indemnify the customer from payment. Don't pay me and i go to your customer. Threaten to file suit? Have yet to be in court being sued by someone that did not pay me.
It should only matter what you make. That’s your side of being in business.
Let’s say you don’t use a broker and find your own customer. Are you going to tell him what your profit is on that load?
I didn’t think so.....
Also 371.3 only says that the broker has to keep records of what he was paid.
It doesn’t say he has to disclose that to you.
I guess technically you have the right to review his records.....good luck with that.
It is true that it only matters what you make...
However, if everyone knew what the Brokers were making on each load, the rates would probably be in a different place. That's why they don't want you to know.
And irregardless of all of that, I find it interesting that that is I assume a law, that is designed to allow transparency in broker transactions, yet they can coerce you into waiving your right with no repercussions whatsoever.
So it just makes me wonder why would that (law?) even exist?
It's not the end of the world, but I just find that very interesting that it can work like that.
If you really want to know what the brokers are making then go get your own customers and then compare. I don't want to do that, personally.
Regretfully, there is no way to fight those terms - I really would not be able to use, perhaps 90% of brokers, due to their terms and what the potential consequences could be, If I let my imagination run wild.
In reality, you are just a little ant in the Universe. No elephant cares about a little ant's life. More or less.
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