Customer Terms and Conditions

These Brokerage Terms and Conditions (“Terms”) are effective for all transportation services (“Services”) arranged by Travelers Logistics Inc. (“Broker”) for you (“Customer”) and will remain in full force and effect until expressly modified or terminated in a signed writing. These Terms apply to all shipments, whether arranged by telephone, facsimile, e-mail, or through Broker’s website. No other terms or conditions will apply unless specifically agreed to in a signed writing.

1. SERVICE. Broker will arrange for transportation of Customer’s freight by a third-party motor carrier (“Carrier”) in accordance with these Terms. Broker’s responsibility is limited to arranging for, but not actually performing, transportation of Customer’s freight. Customer acknowledges Broker does not take possession, custody, or control of any freight. Broker does not guarantee a specific delivery date or time.
2. RATES. Customer will pay Broker for the Services in accordance with the rates, charges, and provisions of which Broker notifies Customer. All rates are “spot” market rates and are subject to change.
3. PAYMENT. Payment is due within 30 days of the invoice date. Past-due payments will be subject to a service charge of 2% per month. Customer will be liable for all costs and expenses related to collection, including attorneys’ fees.
4. CUSTOMER’S OBLIGATIONS. Customer must properly mark, pack, and label all freight so it can be handled in the ordinary course of business and is in good-order for transportation. Customer must comply with all applicable laws and regulations governing the freight. Customer is responsible for tendering freight at the agreed-upon time and place. Customer is responsible for any charges related to services not expressly agreed to, including but not limited to, detention, layover, re-delivery, re-consignment, and after-hours or weekend services. If the consignee refuses the freight or any part of it, Customer will be responsible for all additional charges, including storage and transportation.
5. FREIGHT CLAIMS. A claim for loss or damage to freight must be filed with Broker or the Carrier in writing within 9 months after delivery or, if a total loss, within 9 months after a reasonable time for delivery has elapsed. Customer must submit a claim for the value of the freight, which is the lesser of the actual invoice value or the destination market value. Broker may assist with the processing of claims; however, Broker has no obligation to do so and is not liable for any claims for loss or damage to freight.
6. LIMITATION OF LIABILITY. Customer acknowledges that Broker is not a carrier and is not liable for loss, damage, or delay in connection with the transportation of freight. Carrier’s liability is limited to the least of (1) the actual value of the freight; (2) $100,000 per shipment; or (3) any released value stated in the Carrier’s tariff or bill of lading. It is Customer’s responsibility to know and understand a Carrier’s liability and any applicable released value.
7. INSURANCE. Broker will require each Carrier to have in effect a minimum of (1) $1,000,000 of automobile liability insurance; (2) $100,000 of motor truck cargo insurance; and (3) workers’ compensation insurance as required by law.
8. INDEMNIFICATION. Customer will defend, indemnify, and hold Broker harmless from and against any and all claims, damages, liabilities, fines, judgments, and penalties of any kind, including costs and fees, arising out of Customer’s breach of these Terms, or any other act or omission of Customer.
9. FORCE MAJEURE. Neither party will be liable for any failure to perform its obligations under these Terms if prevented from doing so by a cause or causes beyond its control, including without limitation, a fire, flood, explosion, war, strike, embargo, government requirement, civil or military authority, act of God, or act of a public enemy.
10. ASSIGNMENT/MODIFICATIONS. Customer may not assign or transfer these Terms, in whole or in part, without the prior written consent of Broker. These Terms may not be changed, modified, or amended, except in a writing signed by both parties.
11. SEVERABILITY/WAIVER. If any provision of these Terms is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other provision of these Terms. The failure of Broker to enforce any provision of these Terms will not be deemed a waiver of such provision or the right to enforce such provision.
12. GOVERNING LAW. These Terms will be governed by, and construed in accordance with, the laws of the State of Illinois, without regard to its conflict of laws principles. The parties consent to the exclusive jurisdiction of the state or federal courts located in DuPage County, Illinois for any dispute arising out of these Terms.