Jetco Logistics Terms & Conditions
1. PARTIES. “CUSTOMER” means the person or entity desiring to have the goods transported, sending the goods, or otherwise liable as a shipper under law. This definition includes the exporter, importer, sender, receiver, owner, consignor, consignee, transferor, transferee, forwarder, broker and/or any other agents or representatives of CUSTOMER (not to include BROKER). It is the responsibility of all such parties to provide notice and copies of these Terms and Conditions to each other. Jetco Logistics, L.L.C. is a broker operating under MC# 584105 (“BROKER”). BROKER is not acting, and does not act, as either a motor carrier or a common carrier within the meaning of USC Title 49. CUSTOMER and its agents expressly agree that they will not under any circumstances attempt to hold BROKER liable in the capacity of a motor carrier. CUSTOMER or third party’s insertion of BROKER as the carrier of record in any bill of lading, delivery order or other document shall not alter or affect BROKER’s status as a freight broker. The carrier(s) actually transporting the freight at issue shall be solely responsible in the capacity of a motor carrier. The term “Carrier” shall refer solely to the motor carrier providing the actual transport.
2. GENERAL. The terms and conditions contained herein (“Terms”) are applicable to the services performed by BROKER undertaken on the CUSTOMER's behalf. These Terms supersede all previous conditions of transportation and other prior statements concerning the rates and conditions of BROKER's services. In the event of any discrepancy or conflict between these Terms and those of any CUSTOMER or shipper, these Terms shall control, unless changes have been made by obtaining prior written approval in advance by the President or CEO of BROKER. In the event that BROKER and the CUSTOMER have entered into a signed, written contract containing terms and conditions different than those set forth in these Terms, the signed, written contract will control to the extent that such terms conflict with these Terms. BROKER reserves the right from time to time to modify, amend or supplement these Terms without notice. Copies of BROKER's most recent Terms may be obtained by contacting BROKER. These Terms apply to BROKER, not the Carrier actually providing the transportation services.
3. BILL OF LADING. Each shipment tendered by CUSTOMER shall be evidenced by and subject to the terms, conditions and provisions of a bill of lading or other proof of delivery receipt. In the event of a conflict between the terms, conditions, and provisions of such bill of lading or receipt and these Terms, the terms, conditions, and provisions of these Terms shall govern.
4. SERVICE. BROKER will arrange for transportation of CUSTOMER’s freight pursuant to these Terms. The relationship between BROKER and CUSTOMER is that of one independent contractor with another, and nothing herein is intended to create a joint venture, partnership, agency, or any employment relationship. BROKER’s responsibility shall be limited to arranging for, but not actually performing, transportation of CUSTOMER’s freight. BROKER does not exercise or retain any control or supervision over any carrier, its operations, employees, or contractors. BROKER reserves the right, in its sole discretion, to refuse any shipment at any time. In the event BROKER provides additional services upon request of CUSTOMER, BROKER provision of such services shall not alter BROKER’s status as a transportation broker. Broker’s engagement of third party on CUSTOMER’s behalf shall be solely as agent of the CUSTOMER.
5. RATES & FEES.
A. Quotes are based on information provided by the CUSTOMER. Unless indicated, the price excludes charges for detention time, per diem and additional stops. The quoted rate depends on the weight, dimension and released value of the property described. Any changes to the actual released value, dimension, description, weight of the load or other information received may result in revisions to the quoted price.
B. All quotes are valid for a period of 30 days unless otherwise agreed to in writing by both parties. CUSTOMER understands that all quoted rates are an estimate of charges and subject to change based on market conditions, capacity of underlying carriers and other factors beyond the reasonable control of BROKER, including events of Force Majeure. In the event the quoted rates are subject to increase based on the foregoing factors, BROKER shall be entitled to increase the rates at its sole discretion.
C. BROKER’S RATES ARE BASED ON A LIMITED RELEASED VALUE OF $2.50 PER POUND, AND BROKER SHALL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE IN EXCESS OF $100,000 PER SHIPMENT, UNLESS CUSTOMER REQUESTS AN INCREASE IN LEGAL LIABILITY BY A.) SUBMITTING A WRITTEN REQUEST FOR A HIGHER RELEASE VALUE BEFORE THE SHIPMENT IS TENDERED TO THE UNDERLYING CARRIER, B.) PAYING AN ADDITIONAL CHARGE BASED ON THE INCREASED RELEASE VALUE, AND C.) OBTAINING WRITTEN CONFIRMATION OF THE HIGHER RELEASE VALUE FROM THE CEO OR PRESIDENT OF BROKER.
6. PAYMENTS. Unless otherwise stated in a rate confirmation or quote, BROKER or BROKER’s affiliate(s) will invoice CUSTOMER for its services in accordance with the rates, charges and provisions negotiated and agreed to between the PARTIES. CUSTOMER agrees to pay BROKER’s invoice within 30 days of the invoice date without deduction or setoff. As a convenience to CUSTOMER, all invoices are processed by BROKER’s affiliated entity and such administrative support in issuing invoices shall not alter BROKER’s role in connection with a particular shipment, as the act of invoicing is a purely administrative function performed independent of arranging for transportation services. In the event of a loss, CUSTOMER’s claim and any remedies shall be directed to, and the sole responsibility of, the actual Carrier performing transportation services for the particular shipment at issue, to the extent of any claim for loss, damage or delay.
7. LIABILITY FOR LOSS, DAMAGE OR DELAY. BROKER will assist with processing of claims on behalf of its CUSTOMERS. HOWEVER, BROKER IS NOT LIABLE FOR DELAY TO CARGO OR LOSS OR DAMAGE TO CARGO, UNLESS THE LOSS OR DAMAGE IS CAUSED BY THE SOLE NEGLIGENCE OR FAULT OF BROKER. THIS RELEASE SHALL INCLUDE SITUATIONS WHERE JECTO IS CONCURRENTLY NEGLIGENT OR AT FAULT. BROKER SHALL BE ENTITLED TO ALL LIMITATIONS OF LIABILITY, RIGHTS, AND PROTECTIONS AVAILABLE TO THE CARRIER, INCLUDING, BUT NOT LIMITED TO, THE TERMS IN THE BILL OF LADING, CARRIER’S TERMS AND CONDITIONS, CARRIER’S RULES TARIFF, AND OTHER DOCUMENTS ENTITLING THE CARRIER TO LIMITATIONS OF LIABILITY, RIGHTS, AND PROTECTIONS. IN NO EVENT SHALL BROKER BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING DAMAGES RELATING TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT SUCH DAMAGES WERE REASONABLY FORESEEABLE. BROKER SHALL NOT BE LIABLE FOR PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE CAUSED BY THE CARRIER.
8. FORCE MAJEURE. BROKER shall not be liable for any delay or failure to perform any of its obligations under these Terms during any time in which such performance is prevented by mechanical breakdown, fire, flood, or other natural disaster or weather event, war, embargo, riot, civil disobedience, pandemic, epidemic, acts or omissions of any government authority, or any other cause outside of the reasonable control of BROKER.
9. DISCLAIMER OF WARRANTIES. Except as expressly provided in these Terms, BROKER makes no warranties, express or implied, including without limitation, warranties of merchantability or fitness for a particular purpose, with regard to shipments, warehoused goods, items in transit or deliveries or with regard to the information provided on the website or services related to transactions conducted on the website. BROKER cannot guarantee delivery by any specific time or date.
10. BROKER’S AFFILIATES. In the event one of BROKER’s affiliates, Jetco Delivery, L.L.C., Jetco Heavy Haul, L.L.C., or Associated Acquisition Company, LLC dba Jetco Delivery DFW, LLC actually transports a load, any rights, duties and obligations of such affiliate shall be subject to their terms and conditions, available upon request.
11. NOTICE OF CLAIMS.
B. All Other Claims: CUSTOMER shall notify BROKER of all known material details within 91 days of receiving notice of any claims other than cargo loss or damage claims, or else such claims are waived, and shall update BROKER promptly thereafter as more information becomes available. Civil action, or arbitration, if any, shall be commenced within 2 years from the date of the event giving rise to the claim.
12. CUSTOMER RESPONSIBILITIES.
13. SHIPMENTS NOT ACCEPTED. BROKER will not accept shipments for transportation of the following nature:
Shipments requiring "protective security service" or "armed guard surveillance service";
Precious metals, bullion or currency;
Original works of arts, collections, antiques or precious stones; or
Certain bulk commodities of hazardous substances.
14. HAZARDOUS MATERIALS. CUSTOMER shall comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR §172.800, §173, and §397 et seq. to the extent that any shipments constitute hazardous materials. CUSTOMER is obligated to inform BROKER immediately if any such shipments constitute hazardous materials. CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS BROKER AND ITS OFFICERS, EMPLOYEES, AGENTS AND INSURERS, AGAINST ALL CLAIMS, LIABILITIES, LOSSES, FINES, REASONABLE ATTOMEY FEES AND OTHER EXPENSES ARISING OUT OF OR RELATED TO THE RELEASE OF ANY HAZARDOUS MATERIAL, INCLUDING WITHOUT LIMITATION, FINES OR EXPENSES RELATED TO THE REMOVAL OR TREATMENT OF HAZARDOUS MATERIAL OR OTHER REMEDIAL ACTION PERTAINING TO THE HAZARDOUS MATERIAL UNDER FEDERAL OR STATE LAW, IF CUSTOMER FAILS TO PROVIDE ADVANCED NOTICE PRIOR TO TENDERING HAZARDOUS MATERIAL TO BROKER; THE CONTACT, EXPOSURE OR RELEASE RESULTED FROM THE IMPROPER PACKAGING OR LOADING OR OTHER ACTS OR OMISSIONS OF THE CUSTOMER, ITS EMPLOYEES OR AGENTS; AND THE CONTACT, EXPOSURE OR RELEASE OCCURRED SUBSEQUENT TO THE TRANSPORT OF THE HAZARDOUS MATERIAL BY BROKER OR THE CARRIERS.
15. MEXICAN SHIPMENTS. BROKER assumes no liability for cargo loss, shortage, or damage to shipments while in the United Mexican States (“Mexico”). CUSTOMERS are advised that liability for cargo loss in Mexico differs from U.S. law (49 U.S.C. § 14706) and the special arrangements with the Mexican carrier participating in any trans-border movement is not BROKER’s responsibility. In the unlikely event it is determined that BROKER is liable for loss, damage or delay occurring in Mexico, BROKER’s maximum liability will be the rate affixed under the laws of Mexico for domestic shipments within that country.
16. SURETY BOND. BROKER shall maintain a surety bond or trust fund agreement as required by the Federal Motor Carrier Safety Administration and furnish CUSTOMER with proof upon request.
17. DEFAULT. Both parties will discuss any perceived deficiency in performance and will promptly endeavor to resolve all disputes in good faith. However, if either Party materially fails to perform its duties under these Terms, the party claiming default may terminate its duties upon written notice to the other Party. CUSTOMER shall be responsible to pay BROKER for any services performed prior to the termination of duties and for shipments not yet completed and/or not yet invoiced to CUSTOMER.
18. ATTORNEY FEES. In the event of any litigation necessary to enforce these Terms, or collect for the services provided under these Terms, BROKER shall be entitled to recover all reasonable costs incurred including court costs, attorney fees, and all other related expenses incurred in such litigation.
19. SEVERABILITY. If any provisions of these Terms are deemed invalid for any reason whatsoever, these Terms shall be void only as to such provision, and these Terms shall remain otherwise binding between the parties. Any provision voided by operation of the foregoing shall be replaced with provisions which shall be as close as the parties’ original intent as permitted under applicable law.
20. NON-WAIVER. The failure or refusal of either party to insist upon the strict performance of any provision of these Terms, or to exercise any right in any one or more instances or circumstances shall not be construed as a waiver or relinquishment of such provision or right, nor shall such failure or refusal be deemed a customary practice contrary to such provision or right.
21. LAWS GOVERNING. The parties agree that these Terms shall be deemed to have been drawn in accordance with the statutes and laws of the State of Texas. In the event of any disagreement or litigation, the law of the State of Texas shall apply and suit must be instigated in the State of Texas and County of Harris, irrespective of the fact that one or more of the parties may be or may become a resident of a different state, or that any aspect of the service may have been performed wholly or in part in another county, unless otherwise agreed to by both parties. The Parties agree that any and all disputes under these Terms shall be filed in the appropriate state and federal courts located within County of Harris, State of Texas.
Rev. August 2021