I suppose you could remind the broker before signing that if he slow-pays, or violates his end of the contract, you will be calling on his shipper, but usually if you need to do that, you either wont be dealing with that broker in the first place, or the veiled threat would have no real value.

I also am older and agree with your principles, Gman. I remember a time when I borrowed money from a good old man, and asked if he didnt want a signed note. His reply was "If your word is no good, your signature is not going to be any better". And I never forgot that. It is an honor to keep your word, and the peace and fulfillment you receive by doing it far exceeds a few short-term bucks you may gain by being sleazy.

Whats the worse case scenario of a man who keeps his word above making money? He goes to his grave with a few less dollars. Big Deal.
:lol: :lol:

If everyone was like this, we'd be driving for $2.50 a mile, living good, and re-investing the cash.

 

I'm with you on this one,...my word is my character. I have already had the opportunity to cancel a load twice to take a better one,..but I signed the rate confirmation sheet, and that is that.
I also won't take a run if they refuse to sign my terms and conditions sheet and fax it back to me. If they won't sign it,......they have something to hide so I tell them I'm not interested in dealing with people who can't be fair.

 

My issue is when you KNOW the load is being double brokered....then what happens??

company A offers the load on the load board, You hauled the SAME load for company B last week. You find out that Company B is double brokering the load off of company A so cant I just get the load from company A since they are the ONLY ones who get the loads to begin with? Why should I go through company B again when I KNOW that they are double brokering the load??

tootie

 

I would not have a problem going with the broker who had the load originally. That is not what the clause is about. It is to prevent the carrier from soliciting a direct broker account. I make sure that the language in ANY contract I sign has an exclusion for other brokers. There are few brokers who have an exclusive arrangement with a shipper. To tell you the truth, I am not sure that a back solicitation clause would be enforceable if you got a load from a different broker for the same shipper, anyway. I just like to cover all my basis. There was a contract that I recently refused to sign due to the language. It is unfortunate since the load paid well. In the language, I could not take a load from any shipper that I hauled a load for this broker. The way the language read I could not haul for another broker or a brokerage in which any family member, friend, employee had an interest or acquaintance. I could not disclose that I was doing business with any of their shippers. I wanted to add a simple phrase that I could haul loads for that shipper through any broker. They refused. I was told that it would not be enforced if I use another broker, but that is not the way the contract read. Had I signed the agreement and later took a load from any other broker for that shipper, then I could be held liable for a 25% commission on any load that I hauled for anyone other than this particular broker. There was absolutely NO way that I would have signed that contract. It was way too one sided. The individual in their office felt that it was ridiculous that their management would not accept the agreement with my small change. I still could not back solicit that account, but if they chose to enforce the contract as written, then I could be on the hook for a lot of money.

I read every word of every contract that I am sent. If it is in the agreement and both parties sign then it is enforceable. Therefore, I will not sign any contract that has anything in it which I don't agree.

I understand what you are saying about double brokering, Tootie. I don't like it either. Some get around that by saying that it is "co-brokered." There are some major brokerages that regularly work deals with smaller brokers to handle their loads.

 

GMAN- you are probably more moral than the average O/O out there. I agree with you- I respect the contracts I sign and agreements I make- if the other party breaches, then all bets are off. But I would be surprised if most O/O feel/act the same. Doubt they'd admit to it in public, though.

 

Tweety bird, I prefer to think most people are honest and keep their word. The way I see it, we should not give our word if we don't intend keeping it. And when we sign a contract, we are giving our word. When it comes down to it, a contract is only as good as those who sign the document. Either we have character or we don't. I don't think anyone ever gets ahead by lying or being unscrupulous.

 

Very well said Gman, my father told me years ago that when you get down to it all a man has is his word, I feel that once you break your word with me all gloves are off, a man who can not keep his word is a man I will not associate with.

 

I have a small list of brokers
I actually like them
I would not back solicit them
On occaision I use TQL
I would probably back solicit them
because they are so tough to negotiate
and all those freakin phone calls.........

 

Ha-ha...Brokers are cutting each others throats, and stealing each others customers, and I'm supposed to stand the moral ground? ROTFLMAO.

If I have a chance to get a customer, I do it without thinking twice about it now.
This is business, nothing moral about it.

I use to think that way at first, but after 4 years of dealing with this crap, I just dont give a sh%t anymore.

There are so many times, when I book a load, and get the confermation, then the load cancels.
They leave it on the board , just in case someone calls, and is willing to do it for less.

The way it is now, with the shortage of freight, the increasing expences of truck ownership, I gotta do what I gotta do.

 

I hear ya Pete. I hear ya. :lol: It is ok as long as you don't get caught. :lol: