Shipper contacting Carrier

Discussion in 'Ask An Owner Operator' started by Lightseeker35, Mar 13, 2018.

  1. Lightseeker35

    Lightseeker35 Light Load Member

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    In a situation in which a shipper bypasses the broker and requests services directly from you the driver, what exactly is it that you do? And what legalities are involved?
    Thank You guys as always!
     
  2. W900AOwner

    W900AOwner Medium Load Member

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    Simple math. You listen to what they are proposing and negotiate a deal in which you are both content and you've just created your first direct shipper/carrier connection. Good luck and keep us posted!
     
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  3. Ridgeline

    Ridgeline Road Train Member

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    Yeah what he said.

    IF the broker tells you it is wrong, tell them to tell the customer that.

    I had one broker threaten me with a lawsuit when the customer begged us to take all the freight they were giving to the broker. I told him through my lawyer we didn't solicit the work, the customer came to us so tell them that we are not allowed. He screamed about a no-compete clause and we responded that we are not brokers, so that's moot and if he wants to sue over it, we have no issues with burying him in legal maneuvers until he runs out of money.
     
  4. DSK333

    DSK333 Road Train Member

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    I wonder how many times carriers have cut the broker out like this.
     
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  5. QuietStorm

    QuietStorm Medium Load Member

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    Not often enough
     
  6. x1Heavy

    x1Heavy Road Train Member

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    To be clear, the Customer is talking to the Carrier, rather than a Company Driver correct? The company driver generally has no authority to be setting up loads.
     
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  7. Lightseeker35

    Lightseeker35 Light Load Member

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    You are correct sir. I should have been more specific on that one.
     
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  8. W900AOwner

    W900AOwner Medium Load Member

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    :p
     
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  9. ZVar

    ZVar Road Train Member

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    There are no laws against this (subject to some weird sate law that's almost never observed).
    What that leaves is the contract you signed with the broker.

    What does it say about working directly for the customer? And what are the penalties written in the contract if it does say?
    See, the way contracts work there must be concentrations (pay) and penalties for the broken parts (or all) of the contract. If the contract says something like "Carrier cannot solicit services to the Shipper" Well, it must have something along the lines of "If Carrier does not meet any part of the contract, carrier owes Broker $5,000." Without that penalty, one can break any part of the contract with no issues, and no court can impose penalties as there are none specified.

    And that go back to the statement above of "Carrier cannot solicit services to the Shipper". What is the exact wording of the contract? If it says above, you would be safe as the Shipper approached you, not the other way around.

    Basically it's just a contract violation at worst. If you are worried about any penalties specified in the contract spend a couple hundred to get a contract lawyer to read it and give an opinion. A direct shipper is more valuable than making that broker happy...
     
  10. W900AOwner

    W900AOwner Medium Load Member

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    [QUOTE="ZVar, post: 7070837, member:

    What does it say about working directly for the customer? And what are the penalties written in the contract if it does say?
    Basically it's just a contract violation at worst. If you are worried about any penalties specified in the contract spend a couple hundred to get a contract lawyer to read it and give an opinion. A direct shipper is more valuable than making that broker happy...QUOTE]





    Good piece of input right here, thanks. It's refreshing, given the generic broker-carrier agreement that holds the carrier liable for EVERYTHING, and protects the broker from EVERYTHING. Every one of them that I have to put a signature onto makes my blood boil when it's all in the broker's favor and none in mine except doing all the bullwork, and then hoping they pay in a timely manner.
     
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