Paying TONU

The rule is, after the truck receives a confirmation and starts rolling towards the shipper then TONU is good.

TQL: Canceled load 9 a.m. the day of pick-up because shipper didn't have room. Truck was already at the shipper. TONU was NOT paid!
Tampa Cross Tie: Received a confirmation, truck went to pick-up site, wrong address on confirmation, 60 miles away. TONU was NOT paid!
Trek: Received confirmation Friday, Monday truck was almost at shipper. 20 miles away. TONU was NOT paid!

Everything else in this world pays a price when it is canceled but a truck. Vacations, Motels, Airplains, Trains, Rental cars, you name it.

 

I'd be interested to see a legal ruling on this. I mean, you ordered a truck, you issue a rate confirmation contract, then you don't use the truck. How is that not a Truck Ordered Not Used ?

I can see if a carrier chooses to be courteous and let you off the hook, but the rate confirmation is still a contract for service. Is the carriers time and effort in talking to you, filling out paperwork, etc... considered free ? If phone calls and paperwork is free, then what is the value of a broker exactly ?

I would be willing to let the TONU go personally, especially if it was a broker I trusted and had some type of relationship and believed his story. But to say it's fine to cancel a load as long as the truck isn't on the way there is ridiculous. That means a broker can relist any booked load and go for a cheaper rate so long as your truck isn't headed there and simply make up an excuse. I'm not playing along with those rules, no way. If nothing else I need to be paid $50 or so just for my efforts to find a replacement load. My phone isn't free, my internet access isn't free, my time isn't free, my fax service isn't free, if I have to print or scan, etc... computer, paper, ink, printer... all not free.

 

I had one of my top brokers do this to me a couple weeks ago. Sends the confirmation as per usual. I begin heading south down the NJ turnpike, an hour later and a bunch of toll money later, (I have not arrived at shipper yet) he TEXTS me "Hey man load cancelled, stop your truck."

Thank you. So I go to the truck stop. He never thought perhaps to call so he knew I acknowledged that the load was no longer a go. When I asked about TONU, he tells me he has to ask his superior, who is conveniently in a meeting. Also still in this meeting before the end of the day. Being I haul for this guy all the time, I let the TONU go. I argued for the rest of that day how I deserve it, and he continued to dodge me. I have not hauled jack for him since, and he can't seem to figure out why. I have bailed him out many times and I will get my revenge and it will cost him more than a TONU would have.

 

I have to say that the loads that I did haul for CH Robinson#they had offered TONU with out me asking for it. That was nice!

 

As an owner/operator, you are correct for not paying the carrier since he couldn't fulfill his obligation. I collect TONU when the broker cancels on me after I have received a rate confirmation sheet. If I can't make the load and have to cancel or the broker pulls the load back because I can't make the load, then no TONU is expected.

Just make sure you keep track of all the communications.