Question about back-solicitation contract clauses

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mtltrans

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Jun 21, 2017
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Has anyone ever redlined the commission section of a back-solicitation clause in a contract? We have no plans to back-solicit so that's no problem. Having fun redlining all kinds of stuff in a particular broker contract.
 
mtltrans said:
Has anyone ever redlined the commission section of a back-solicitation clause in a contract? We have no plans to back-solicit so that's no problem. Having fun redlining all kinds of stuff in a particular broker contract.
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never redlined that - but did redline the clause stating we couldn't contact shipper/receiver or any other party due to non-payment ... who would sign that?
 
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Sometimes yes, its tricky when you work with a large shipper but a section of their business is run through a broker. For example, we run flatbeds for a direct shipper, but also do dryvan work for them which is facilitated by a broker. So when the broker has a clause of "no back solicitation" it doesn't make sense. In our case all parties are involved so its understood what's going on, but I can see it becoming a problem when everyone's not on the same page.

Also some of these clauses are ridiculous: "No solicitation of shippers/consignee's, shippers customers, consignee's customers, shippers group of companies or Consignee's group of companies will be tolerated" Um ya dont know about that one buck oh.
 
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Has anyone been successful in enforcing a penalty listed for back solicitation on an account vs a company? (not expecting names, just curious if anyone has actually litigated and won).
 
Any carrier who back solicits, loses all the work that the broker gives them from many shippers.

Any shipper who entertains a back solicitor, will drop the carrier instantly when the next cheaper option comes along.

This leaves the back soliciting carrier with no customers and a bad reputation which spreads quickly in our industry :)
 
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tasuinam said:
never redlined that - but did redline the clause stating we couldn't contact shipper/receiver or any other party due to non-payment ... who would sign that?
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Yes, I redlined that clause as well and others that try to abrogate our rights under law.
 
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