Making your own agreements for broker

I have crossed stuff out, and nobody has said anything. I expect they probably didn't look, though. Hopefully you get a lot of good replies from people with experience, because I'm interested as well.

 

Don’t both parties have to initial when crossing out items ?

 

Honestly, I have no idea. I would think by them accepting me as a carrier with parts of their contract crossed out, it would imply consent. But in reality, things are usually way more complicated than they need to be.

 

I don't know what a brokerage would do or say if instead of signing the agreement construed by them you'd propose your own. My guess is that they would most likely reject it, especially when we deal with a random DAT load board booking. After all, whoever pays the money is the one calling shots.
The same thing - that I am not so sure of its effectiveness - is crossing out, blacking out, annotating on margins, stamping with your own ideas their documents.
Having said that, on some contracts I have signed, I've done some annotations on margins and crossed out a few lines and they never responded with objections but I would not be surprised it those amendments somehow would not matter, if a push came to shove.
However, whenever I see something blatantly odd or unacceptable, e.g. we pay you only after we get paid first, then I don't even try to negotiate this - I refuse to haul for them, even if they change they mind. The very attitude of having it in the contract is too disturbing for my peace of mind.

 

If you write your own in it's entirety, you're going to have a difficult time getting it signed since it's the polar opposite as theirs especially when it comes to CARMACK and you're in their arena...the spot market. A large majority of the time, it's easiest to just go with theirs and edit/negotiate accordingly. I just did a new one last week and we changed the payment terms (theirs had NET45 and I wanted NET30) and ACH details (theirs had verbiage allowing withdraws). I had them sign and return after all changes were made.

Also, recently I came across one that didn't have any payment terms at all so I sent them my addendum that has payment terms, late fees and other policies on it to sign. They never responded and I never followed up with them over it either. I routinely cross out things I don't like and I will usually let them know in an email of things I crossed out. I've never had them refute me except on a couple rate cons so we decided no to do business together.

One thing to consider is who holds the most solid ground when these negotiations take place. If you are in a weak market, you're not getting anything in your favor at all unless they are totally desperate. Same goes for you, the carrier. If you're in a strong market then you have the upper hand so you can, and should use it to your advantage 100 percent.

 

Yes. If they accept, it's consent. Of course a signature is most binding but a savvy lawyer can certainly argue consent. I never agree to arbitration either. You're waving your rights to a jury and leaving all the decisions in the hands of a single person. No way, that's crazy talk IMO.

 

Same. They're already proving to be scummy. TMC has such a clause in their contract. It says something like if they don't get paid neither does the carrier. Meanwhile there's another clause stating the carrier can't go after the shipper/receiver for payment in the event of default. It's these types of incredibly one sided contracts that makes me put scumbags like TMC on my Do Not Haul list.

 

@PPDCT any insight ?

 

You cross it out, initial it with a date, if they sign it, then they accept it as it is written with the changes.