LOGISTICS SERVICE TERMS AND CONDITIONS

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These Terms and Conditions (“Agreement”) govern all transportation, logistics, freight brokering, and related services provided by Millican Haulers, LLC (“Company”), a Texas limited liability company, to the customer (“Client”). By requesting or accepting Company’s services, Client agrees to be bound by these terms.

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1. Scope of Services

• Role of Company: Company operates as a [licensed freight broker / motor carrier] registered with the Federal Motor Carrier Safety Administration (FMCSA).

• Independent Contractors: Company may utilize independent third-party motor carriers (“Carriers”) to perform the actual physical transportation of freight.

• Governing Law: This Agreement is governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles.

 

2. Rates, Invoicing, and Payment

• Payment Terms: All invoices are due and payable within 30 days from the invoice date, unless otherwise agreed in writing.

• Late Fees: Past-due balances are subject to a late payment fee of 1.5% per month (or the maximum rate permitted by Texas law, whichever is less) plus all costs of collection, including reasonable attorney’s fees.

• Rate Adjustments: Initial quotes are estimates. Final charges may vary based on actual weight, dimensions, accessorial services required (e.g., liftgate, detention, inside delivery), or fluctuating fuel surcharges.

 

3. Client Obligations and Cargo Warranties

• Accurate Descriptions: Client must provide accurate descriptions, weights, dimensions, and hazard classifications for all shipments.

• Packaging Standards: Client warrants that all cargo is properly packaged, labeled, and loaded to withstand the ordinary rigors of transportation.

• Prohibited Cargo: Client shall not tender any hazardous materials, contraband, or illegal goods without explicit, advance written disclosure and approval from Company.

 

4. Cargo Loss, Damage, or Delay

• Carrier Liability: Liability for cargo loss, damage, or destruction rests solely with the actual performing Carrier, typically governed by the Carmack Amendment (49 U.S.C. § 14706) or specific Carrier tariffs.

• Filing Claims: Client must report any visible damage at the time of delivery on the Bill of Lading (BOL). All formal cargo claims must be submitted in writing within [e.g., 9 months] of the delivery date.

• Broker Liability Limitation: If Company acts strictly as a freight broker, Company is not liable for cargo loss or damage. Company’s liability for any administrative or service-related errors is strictly capped at the total freight charges paid by Client for the specific shipment in question.

 

5. Delays and Consequential Damages

• No Guaranteed Delivery Times: Delivery dates and times provided by Company are estimates and are not guaranteed.

• Exclusion of Damages: In no event shall Company or the performing Carrier be liable for any consequential, indirect, incidental, or punitive damages, including but not limited to loss of profits, production delays, or business interruption, regardless of whether Company had knowledge that such damages might be incurred.

 

6. Force Majeure

• Excused Performance: Neither party shall be liable for delays or failure to perform services resulting from circumstances beyond their reasonable control.

• Covered Events: This includes acts of God, extreme Texas weather events (e.g., severe freezes, hurricanes, floods), labor strikes, government actions, highway closures, riots, or acts of terrorism.

 

7. Jurisdiction and Venue

• Exclusive Venue: Any legal action, dispute, or proceeding arising out of or relating to this Agreement must be filed exclusively in the state or federal courts located in Brazos County, Texas. Both parties explicitly consent to the personal jurisdiction of these courts.