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Motor Carrier Contracts Annotated
Created by - Brent Wm. Primus, J.D.
Edited by - Laurel E. Learmonth, J.D.
20 years in the making! The only such resource available today!!
- This is a contract form book with complete contract templates and a CD-ROM designed for easy use by shippers and their attorneys.
- The contracts include optional provisions with comments and instructions on how to use, allowing the user to tailor the contracts for individual clients or situations.
Buy now at $995 $746*
*Offer valid till 31st Mar 2012
Why spend valuable time and money to “reinvent the wheel”?
Overview of Motor Carrier Contracting:
Prior to 1980, virtually all transportation provided by motor carriers moved according to the terms and conditions of the Uniform Bill of Lading as contained in the National Motor Freight Classification. This is why the Bill of Lading was often referred to as the “contract for carriage.”
After 1980, shippers and carriers began to negotiate individual contracts. The primary motivation for shippers to negotiate individual contracts is to avoid the “unintended consequences” and tariff “surprises and traps” which are typically found in a carrier’s private tariffs, terms and conditions, service guide, etc. These could relate to limits of liability for loss and damage, accessorial charges, or other “special charges”, late payment penalties, and other items which a shipper would not knowingly agree to prior to doing business with a carrier.
The drafting philosophy of the Contract template is to be “shipper friendly” in that its terms are generally more favorable to a shipper than those that would be found in a carrier’s own tariffs or terms and conditions. However, at the same time it is drawn so as to not be so onerous for a carrier that a carrier would automatically reject it.
Overview of Motor Carrier Contracting:
Prior to 1980, virtually all transportation provided by motor carriers moved according to the terms and conditions of the Uniform Bill of Lading as contained in the National Motor Freight Classification. This is why the Bill of Lading was often referred to as the “contract for carriage.”
After 1980, shippers and carriers began to negotiate individual contracts. The primary motivation for shippers to negotiate individual contracts is to avoid the “unintended consequences” and tariff “surprises and traps” which are typically found in a carrier’s private tariffs, terms and conditions, service guide, etc. These could relate to limits of liability for loss and damage, accessorial charges, or other “special charges”, late payment penalties, and other items which a shipper would not knowingly agree to prior to doing business with a carrier.
The drafting philosophy of the Contract template is to be “shipper friendly” in that its terms are generally more favorable to a shipper than those that would be found in a carrier’s own tariffs or terms and conditions. However, at the same time it is drawn so as to not be so onerous for a carrier that a carrier would automatically reject it.
Click here to view or download the Table of Contents 
What do you receive?
- 80+ pages of contract clauses and commentary placed in a 3-ring binder so as to allow easy updating of future editions.
- • A CD-ROM with a Contract for Transportation by Motor Carrier template and a Contract for Brokerage of Motor Carrier Transportation template in both a Microsoft Word format and a PDF format.
Brent Wm. Primus, J.D.
Laurel E. Learmonth, J.D.
About the Author:
Brent Wm. Primus, J.D., represented the shipper in the pivotal case of The Bankruptcy Estate of United Shipping Company, Inc. v. General Mills, Inc., 34 F.3d, 1383 (8th Cir. 1994). This decision of the former Interstate Commerce Commission set the stage for modern motor carrier contracting in a deregulated environment. Since that time Brent has worked extensively with shippers to develop and negotiate their contracts.
- Purchasers of the text will be entitled to a complimentary 30 minute consultation with the Author.
About the Editor:
Laurel E. Learmonth, J.D., is a shareholder in Primus Law Office, P.A. and a Senior Editor for transportlawtexts, inc. Laurel has represented both corporate and individual clients in a variety of business transactions and litigation matters in both state and federal court. This includes transportation matters such as pursuing and defending cargo claims and collecting or defending disputed freight charges.
