Kennedy Transportation Network Inc. John St. Gelais Another Hard Working Honest Individual that got enticed into the Be Your Own Boss Business with Kennedy Transportation Network Inc. in Mississauga, Ontario

WITH PREJUDICE

Then Entering a Service Agreement with Kennedy Transportation Network Inc.

1.1 Owner Operator Agreement

Kennedy or its affiliates will introduce Driver to a transportation operator, which in some cases said company may be an affiliate of Kennedy, at which time the Driver will enter into an agreement verbally or written. The terms and conditions of this agreement are to be entirely negotiated by the Transportation operator and Driver. If Driver terminates the original agreement with the transportation operator, Kennedy or its affiliates will assist Driver, upon Drivers request by referring Driver to a second transportation operator.

And

1.2 Vehicle (Partial)

Kennedy will co-ordinate for the Driver the services of a Duly Licensed Motor Vehicle Dealer to obtain an equipped vehicle satisfactory for the driver to secure an operator agreement as per paragraph 1.1

And

 4. ACKNOWLEDGEMENT OF TERMS AND OF ENTIRETY

Driver acknowledges that he has read this agreement in full, understands it, and agrees to be bound by its terms and conditions. Further, Driver acknowledges that it is a complete and exclusive agreement between the parties, which supersedes all proposals or prior agreements, oral or written, and all other communications, statements or representations between the parties relating to the subject matter hereof.  Driver also acknowledges that it is his sole responsibility to determine if he wants to seek legal advice regarding this agreement. 

WITHOUT PREJUDICE

My Personal Experiences from the Owner Operator Agreement and the Vehicle provided as per the Service Agreement to date

You have to be available 24/7, providing you follow the DOT driver guidelines. Home every second day, No maybe once a week.

Fuel Consumption for a 2900 mile week, Fuel consumed 1636.29 Litres, noting a tank of fuel will only take you approx. 932 miles

At $1.22/paid miles (932 Miles) which will earn you $1137.00, so if there are deadhead miles in this watch the numbers drop, less fuel costs $446.25, less insurance, maintenance, license, taxes and your pay. Noting you can only legally travel approx. 650 miles per day.

Actual mileage on this vehicle 7 to 8 Miles per gallon, I was told by a 15 year veteran in the trucking business that if the truck was going to get 11 to 12 miles to the gallon he would buy me out for the $22,309.39 I have invested to get into this situation. Boy have I tried.

Income on this might pay for the lease payments depending on your down payment and living expenses.

100 miles deadhead, with the carrier I signed with, so under obligation of your lease payments with the truck you purchased, you move forward.

Last pay period accounting

Paid Miles 2132

DH Paid Miles 82

Total miles Traveled 2956 to complete the travel orders

Fuel consumed 1636.29 Litres/432.39 Gallons

Dates from Nov 26/09 to Dec 6/09

Taken home Pay $602.07

Noting the company I signed with mentioned that I was being pushed, due to the state of my paperwork, when I arrived for training, licensing, plating and decals. I didnt even have a duly signed copy of the lease. It took approx. 4 days to gather all the required paperwork in order to get licensed, in the end I had to drive back to London to get the speed limiter set, so I had to run illegal for Ontario, to be legal to run for this carrier in Ontario. I can share a story on this, in due time.

Noting through my research after the fact into the Expediting Business, it costs you approx. $1.13 to $1.22/Mile to cover costs. Not including wages. Its a moving machine, so it requires attention.

See   www.ExpeditersOnline.com

Contract I entered is in the Expedite Business, not LTL.

Kennedy Transportation Network Inc. handled all of the Leasing Arrangements, so I guess that qualifies as an introduction.

Purchased a used unit, Kennedy will co-ordinate for the driver the services of a Duly Licensed Motor Vehicle Dealer to obtain an equipped vehicle, asked Peterbilt, they purchased the truck new, but not used? Still trying to determine who the Dealer is?

3 Months Warranty, the first day I took it to the Peterbilt dealer in London and they advised that there wasnt any warranty on the truck. Oct 17/09, can you see a jaw drop. Noting that Peterbilt advised, that the warranty is not transferable on a used unit.

It took until November 9/2009 to get confirmation. Fuel and Engine Oil consumption issues still exist .

2009 Truck purchased once investigated, to look at the option of selling it, it is referred to as a 2008, so in an actual accounting from the Peterbilt dealer, the value is $30,000.00 cheaper, than the original price tag.  

Picked up the truck from the body shop on Oct 16/09, leak was to have been repaired, spent two days in the truck and awoke to rain and a leak.

This is where my experiences with the truck got interesting, I took it to a reputable body shop and they repaired the leak, yet after further investigation we found black mold in the sleeper, so the headliner was removed, guess how long and what had to happen in order to get things resolved and back to normal. From my estimation the leak existed from when the truck was new. 

Well Ill share as I dont want anyone to have to go through this experience, it was one month to the date, and yes I got extremely ill working, living and sleeping in this environment and yes I was out of country, no health care, off work sick for two weeks and while the truck was being repaired, it had taken me about three weeks to start feeling normal, Kennedy Transportation Network Inc. had provided the body shop with a purchase order to complete the repairs, but back working just the same, thank God. With lost income over something I thought had been taken care of. Now my December lease payment didnt come out, so I dont know if this is restitution for the aggravation I went through or the lease company hasnt taken it out, put it this way January is going to be very interesting. I will update as time passes.

Graffiti on the side of the truck, well I had the above body shop give me a price, to repair the side of the truck, $1200.00 as they had mentioned a spot fix would not match the paint, so I have discussed it with Kennedy and they didnt like the price, so I still have graffiti on the side of my truck. Still need to work on this one.

Reply from Freddie - It seems the price of $1200 for a complete paint job of the box which is way over done.

Noting this is only to paint one side.

Reply from Freddie - You were supposed to show me where the leak is located to determine the cause.

I replied -  the leak in the cargo box, must have been with someone else, because we have never discussed it. Still need to work on this one.

All in all, I am having a very concerned educational experience with Kennedy Transportation Network Inc. Yes, I am hanging on to my hat also (yes potential bankruptcy is looming, should the required income not be available, to make this system work), trying to move forward with a new carrier, which seems promising, yet with all that I have experienced, just trying to keep my head above water .

It is really hard when you come home and tell your family that we have to cut back on the family spending, because of what you thought had been a well laid out plan isnt evolving as presented and planned .

Since starting, 4 pay periods, 1 with funds, 3 without, I have made myself available for weekends, less my time off being sick of course, just the same, trying to make it through the Christmas season.

On the 16th of October,2009 the President of this Company told my wife and I that if we had any problems what so ever to call. I called, told him my concerns, he stated well you have to start some where. Well accept this as a second telephone call.

WITHOUT PREJUDICE

Further Information!!!!!

If you are looking at going into the Trucking/Straight Truck Business, you can research it on your own.

Purchase the truck through a dealer direct. If the dealer doesnt want to deal with you, go to the next one or purchase a used unit.

Contact several expedite companies; they are all looking for Owner/Operators and will assist you in securing equipment.

Other companies that offer the same or similar services as Kennedy Transportation Network Inc.    Diverse Transport Group  I dont have any feedback on this company.

I have had the manager's from several Carrier's ask me, the price I paid on the truck and there jaws dropped.

I have had several experienced drivers state to me that this business system has broken many families.

Not sure if this situation falls under a white collar crime?  

See

 The Canadian Encyclopaedia on White Collar Crime

Competition Bureau - False or Misleading Representations and Deceptive Marketing Practices

If a representation could influence a consumer to buy or use the product or service advertised, it is material.

Competition Bureau - The general scope of the false or misleading representations and deceptive marketing practices provisions of the Competition Act

Competition Bureau - The general impression test

Competition Bureau - Untrue, Misleading or Unauthorized Use of Tests and Testimonials

The Competition Act prohibits the unauthorized use of tests and testimonials, or the distortion of authorized tests and testimonials. The provision also prohibits a person from allowing such representations to be made to the public

Yes it is embarrassing to right about this, others should, there is no shame in it, yet I feel I have explained the truth in my experiences and should any opportunity like this be presented or intrigue someone into the trucking industry, please do your research as I thought I had done. Many things can be removed from a mans life, whether it is money, objects or whatever, even instil fear, yet a man's dignity, you cant touch.

Do you see a system here?

Sui Juris

All Rights Reserved

Non-Assumpsit Contract