Contract Questions

[ShadowMaster]

After talking to the Owner, I have the maintance issue worked out. Pay is worked out to 40% of the Gross Revenue to the truck, so 20% per driver. Does that sound right? I do not pay fuel or any truck expenses-except weigh tckts...I forgot about tolls-but I will ask tomorrow.

Do you use the FAST system?

 

[arkjarhead]

If it's a team it will be 20% per driver. If the owner is paying for fuel he should also be paying for tolls, imo. About the only way teaming works out is to have a same household team. Like you and your wife teaming. That way all the money going to the truck is going to one house not two.

 

[buddy]

Ok, I have read The threads about contracts with owners and I have read that some say if the owner dosnt offer you a contract to walk away. I have also read that owners wont offer you a contract untill the last day of orientation however I have a couple more questions that I can not seem to locate even using the advance search. Please bare with me as I'm learning as much about this as possible.
Thanks in advance with your support.

To what detail should this contract induldge?

I'm thinking of issues such as detention time, dh, loading and unloading, tolls, Qc fee's, people functions, breakdowns, meals, maintenance, comfort creatures, fines, tickets etc. . I'm sure you get where I'm going.

What form of documentaion w/ the owner is there when a need a repair, and who would be liable if things were not repaired in a timely fashion, and should the contract have wording when a truck can be taken out of service for mechanical and then by who. CYA type of thing

Maybe there is a generalized contract that o/o use and just fill in blanks, if thats the case is there a way I could see one.

I think that asking the o/o to see a contract in the initial contact is perfectly professional.

I will conclude that all of you have offered so much (sometimes more than I want at one sitting LOL) advice that if or when we get out there I sure hope we will cross paths.

Cya

 

[ATeam]

buddy,

You are asking good questions.

When Diane and drove fleet owner trucks we saw a few contracts presented by fleet owners and prospective fleet owners. None of them were very good. All of them were lacking the specificity you mention. Poor wording made various interpretations possible. Many of the topics you mention were omitted altogether.

We signed them because we were confident in our ability to hold our own and eventually prevail in any disputes that may arise. Diane (an attorney) tells me that contract ambiguity works against the writer of the contract in court if a dispute went that far. (More info).

A problem with dealing with fleet owners is that while you may have them by the short hairs because of vague wording of their own making, actually going to court to get your due may not be worth the bother given the amount of money and time involved.

The sad part is a number of fleet owners know this and regularly help themselves to driver money they are not legally entitled to have.

Contracts are only as good as your fleet owner is willing to hold up his or her end. Even a well-written contract is worth little if the fleet owner signing it is willing to cheat you. A fleet owner's signature on a contract in no way means he or she will abide by it or understands the words to mean the same thing you understand the words to mean.