Owner operator lease agreement question.

Discussion in 'Ask An Owner Operator' started by Chrontar, Jun 12, 2017.

  1. Chrontar

    Chrontar Bobtail Member

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    Hey guys, I am an owner operator of a sprinter van and have been looking over the contract that a potential carrier sent me. I have not signed the contract yet. I am new to this and this the first contract ive seen. There is a clause that concerns me. I will put the part that is of concern to me in bold. Its as follows:

    Owner Operator will defend, indemnify and save harmless the Carrier, its agents and servants from any and all liabiliites, penalties and fines ( weather criminal or civil in nature ), judgements, outlays and expenses ( including attorneys fees ) resulting from the Owner Operators failure or the failure of Carriers agents, employees, subcontractors or representatives to perform any of the terms, conditions, promises or covenants contained in this contract.

    I had an attorney look over this contract and he said that basically says im to blame even if the carrier or shipper screws something up. That doesnt seem right. Is that part pretty much industry standard? What do you guys think?
     
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  3. Ruthless

    Ruthless Road Train Member

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    Welcome to owner operating: where it's ALWAYS your fault lol
     
  4. Chrontar

    Chrontar Bobtail Member

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    lol. So what do you think? Is that a standard type clause in a contract or does that seem out of the ordinary?
     
  5. strollinruss

    strollinruss Road Train Member

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    I dug way back and looked at the lease that I had my O/Os sign back when I had them. The same language is there too, I'm guessing it's on everyone's. I had my trucking lawyer draw mine up. I wouldn't sweat it
     
    bulldawg trucker and albert l Thank this.
  6. Chrontar

    Chrontar Bobtail Member

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    I would be sweating it if I was ever in a courtroom for some damaged freight that wasnt my fault or because I had an accident and the load ended up being haz mat, but I was lied to about it by either the shipper or dispatch and im stuck footing the bill for cleanup or even get in legal trouble. I havnt heard any bad things about the carrier in question. They say its a family atmosphere and the operations manager ive been talking to seems like a nice lady. My concern is more with a shipper lying about what im hauling.
     
  7. Ridgeline

    Ridgeline Road Train Member

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    Who is the company?
     
  8. Chrontar

    Chrontar Bobtail Member

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    A small mom and pop called "Service Pros".
     
  9. Chrontar

    Chrontar Bobtail Member

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    Based out of Taylor, MI I think.
     
  10. strollinruss

    strollinruss Road Train Member

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    Like I said, I wouldn't sweat it.
     
  11. Ridgeline

    Ridgeline Road Train Member

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    Ok I know who you are talking about, here is the thing, that's normal in many contracts, so to mitigate this, you need to make sure your insurance covers accident damage like clean up and to make sure your paper work is in order which means to make sure you watch the loading and unloading, note damage on the waybill/bol and have a camera on hand to have as part of the documenting process.

    Now there is another thing, if you get into an accident, you pay for the clean up. If the consignee claims damage, then their cargo insurance is supposed to cover that and I would also ask to make sure that is in the contract.

    By the way, I don't remember if this is the company that does not require a cdl for their non-hazmat loads, do you know if they don't?
     
    brian991219 Thanks this.
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