Making your own agreements for broker

Discussion in 'Ask An Owner Operator' started by Dino soar, Nov 14, 2020.

  1. Ridgeline

    Ridgeline Road Train Member

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    I would think but going to court a few times over breach of contact issues, the judgement has been based on one factor, each party who signs it has to do their due diligence and review the contract they are signing. If they sign it with the changes made, then there is no claiming that they didn’t understanding what they were signing, especially when the contact originated by the person making the claim,

    I had a broker claim they didn’t see the the changes in the contact but signed it after the fact, the referee didn’t accept their reasoning why they didn’t have to pay.
     
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  3. drive-away2020

    drive-away2020 Light Load Member

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    Some people talk a big game, but at the end of the day, we all kind of sign the same contracts. I have over 100 brokerages in my customer profile list, but they are all just as great and just as cut throat as the next. Even ATS logistics. I love ATS, they pay me in 3-5 days direct deposit, no quick pay fees. But even them, In a pickle, may prove to be fickle. But that’s the risk and reward we take out here.

    there are a ton of no good truck carriers out here. There are a ton of brokerages that are no good either.

    most broker contracts are the same. Almost word for word (copy and paste). Just move your business cash into your personal account before the lawsuit! I’m just kidding, but you know how it goes. We do way to much to be getting the short end of the stick. If you see an issue in the contract, correct it! If you see an issue in the rate sheet, correct it! The worse they can say is no ~
     
    Last edited: Nov 16, 2020
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  4. Dino soar

    Dino soar Road Train Member

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    Valid points.

    I have had rates cons that had things in them that I just didn't do business with them.

    I think what I'm trying to get at mostly is a few areas.

    1) not agreeing to arbitration and giving up your right to fight in a court that's in your own state

    2) late fees for slow payment

    3) detention and truck ordered not used terms, layovers, and storage of freight, eg, holding Freight on my trailer for one or two days etcetera

    4) with changes in transit, that the truck does not move until load is negotiated and a new rate con is issued.

    I guess I can experiment with it but I'm curious how many of us can get away with changing those terms or getting those terms agreed to.

    If you think abou it, there's nothing Sinister in any of that.

    That just makes sure that you are going to get paid and if not you can fight it, if you are delayed that you are compensated, and things are spelled out so they can run smoothly.

    I just would like to know from more carriers if they get away with this and if it's with General Freight and what exactly they get them to change or agree to.
     
  5. Opendeckin

    Opendeckin Medium Load Member

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    People on here will tell you that you can get detention agreements signed and make revisions to carrier packets or even make them sign yours instead, but the reality is as a single truck owner op running the spot market if you try to do anything besides sign their agreement they'll just give this load to someone else. Guys with a truck are a dime a dozen.

    When the market was red hot I got my detention agreement signed by a broker who was about to change jobs anyways and I was able to make some packet revisions, but like everyone else said they won't initial next to them. With packets increasingly being done via services like RMIS it's not even possible to make revisions.
     
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  6. Antinomian

    Antinomian Road Train Member

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    It's the best practice. This raises an important concept in the law. That piece of paper you both sign is not, strictly speaking, the contract. The contract is the meeting of the minds between the parties. That document is evidence of the contract, not the contract itself. If you just cross something out the other party might claim they didn't notice it. That may or may not carry weight in a court case. It just becomes something else you have to fight over and which might not go your way. Better to have proof that both of you agreed to the change.
     
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  7. RunningAces

    RunningAces Road Train Member

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    So TMC for all their trying to front being a stand up place to do business are just as big of piles of #### as the next group of tirds.
     
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