General terms and conditions for brokerage services with USA TRUCK BROKERS INC.

Effects subject to commercial activity:

USA TRUCK BROKERS INC. is a brokerage company that provides land freight transportation services in the USA, Mexico and Canada, who gives priority to the client’s needs in any eventuality. Always looking to solve any exogenous or endogenous variable that is part of the operation.

Responsibilities of USA TRUCK BROKERS INC:

The company acts as a third party in all areas.

The term “third party” refers to the logistics services and processes outsourced by one company to another; it may include commercial management.

General Terms and Conditions for Full Truck Load (FTL) services:

The cargo must be in optimal conditions for its handling, well packed according to its need, otherwise it may be rejected by the transportation companies, for this reason, USA TRUCK BROKERS INC. is not responsible for damages caused and extra charges that may be generated because of this.

In order to provide the best service, USA TRUCK BROKERS INC. is not responsible for the loading and unloading maneuvers, and will be subject to the provisions of the carriers regarding their standard operating times for loading or unloading the goods, which has a time limit, once this is completed, extra charges may be generated by concept of “layover”, “detention”, “waiting time”.

If for any reason the merchandise is not ready for loading after the service has been agreed upon, an extra charge called “TONU” – “MISS TRIP” is applied by the carriers.

If the pick up or delivery address changes once the driver is shipped, an extra charge applies.

The validity of the rates are subject to revision according to market changes.

Rates include 2 hours of loading and unloading in optimal conditions for this activity. After this time “Detention” applies for Dry van ($70 additional hour). Reefer ($100 additional hour) / Hazmat Cargo ($100 additional hour).

For loads with additional stops, rates include 1 hour of loading and unloading ($70 additional hour).

To cancel a service we must receive written confirmation of cancellation in one of the channels officially established by UTB 4 hours before the pick up time. Applies for shipments that are made the same day and for shipments that are picked up the next day in the morning hours before 4:00 pm of the previous day; otherwise a TONU (Truck Order Non Used) applies with a cost of $250.

In cases where it is not possible to load or unload on the same day within the hours mentioned in h) above, an extra layover charge applies at a cost of ($300 Reefer) ($250 Dryvan) subject to negotiation.

The loads will not have an additional insurance coverage different from the carriers’ liability, for additional coverage of 100% of the commercial value of the cargo consult your account representative.

The liability of the loads is limited with a coverage of up to $100.000,00 usd / load.

If the data of the goods present variations with respect to those initially indicated, the rate may vary.

If the data of the merchandise present variations with respect to those initially indicated, the tariff may present variations.

USA TRUCK BROKERS INC. is not responsible for differences in number of parts and damages that are not recorded on the POD (Proof of Delivery) / Delivery receipt, at the time of delivery, in case of presumption of damage should be made observations in the same document as proof of it.

General Terms and Conditions for Less Than Truckload (LTL) services:

Effects subject to commercial activity.

General Provisions:

A “customer” is defined as a legal entity that has a direct business relationship with USA TRUCK BROKERS INC. as a supplier for its logistics needs.

The customer is responsible for providing timely and accurate shipment details at the time of quotation, such as: accessories and services required, in order to properly calculate freight rates, otherwise extra charges or rate variations may occur and must be borne by the customer.

Pickups are not guaranteed, including special services.

In standard services, transit times are not guaranteed and delays may occur due to external and internal factors of the carrier and the operation.

For guaranteed services in cases where transit times are not met, USA TRUCK BROKERS INC. will initiate a dispute process with the carrier to request that the rate be adjusted to the standard service.

For time critical services, approval of the proposal is required within 30 minutes, after which the rate must be updated.

Rates are subject to the validity of each carrier, which can be verified at the time of quotation.

If after the instruction and coordination of collection and/or delivery of the cargo, the unit is not ready for loading and/or unloading, or is not properly packed, an extra charge called “miss trip” is applied by the carriers, which is notified once the carrier reports it.

The supplier must use the BOL provided by USA TRUCK BROKERS INC. otherwise USA TRUCK BROKERS INC. is not responsible for the shipment and the previously agreed rates do not apply. Additionally, extra charges may apply that must be assumed by the customer, such as account change (3rd party), re-consignment, rate variation, among others.

The supplier is responsible for charging the correct piece quantities. In the event of variations from the information in the BOL, the customer shall be responsible for full payment of the updated rate.

If the pickup or delivery address changes once the driver is shipped, an extra charge applies.

Rates include up to approximately 15 minutes of waiting time to start the loading and unloading operation in optimal conditions for this activity. After this time extra charges called “Detention” or waiting time apply, which will be confirmed by USA TRUCK BROKERS INC. once the carrier reports it, otherwise the “miss trip” charges mentioned above will apply.

The carrier has full power in the development of its activity to use the services of other allied companies (partner carriers), without affecting the direct responsibility for the cargo and its coordination.

At the time of delivery, the POD (proof of delivery) must record any observations and any presumption of damage or missing cargo, since it will be the legal document with which this situation can be verified.

If the service is canceled after the pickup has been assigned a driver, an extra charge called “cancellation fee” will be added to the invoice.

In cases where the cargo has already been picked up and changes in delivery address are required, an extra charge called “Re-consignment” applies.

Due to legal dispositions in the country where the transport operation takes place, carriers have a term of up to 6 months (180 days) to notify any extra charge generated by the operation.

For bonded shipments the customer is responsible for providing the legal documentation required for such operation, in case of discrepancies or any anomaly USA TRUCK BROKERS INC. is not responsible for fines or penalties generated by the carriers and / or government agencies of the countries involved.

For U.S. and Mexico cross border operations, the customer is responsible for providing the layout, for the waybill complement, within the time required by each carrier. Additionally, customs procedures are the responsibility of the customer’s customs broker. USA TRUCK BROKERS INC. is not responsible for this and has no business relationship with the customs brokers involved.

USA TRUCK BROKERS INC. in its position as intermediary is not responsible in case of damage or loss of the merchandise with additional coverages to the liability of the loads established by the carriers. LTL liability limits vary from one carrier to another and are determined by the type of cargo, packaging, type of merchandise and other conditions. In these cases, you can consult with your executive about the cargo insurance option.

The consignee is responsible for verifying the condition of the merchandise once received by the carrier, after receiving the merchandise USA TRUCK BROKERS INC. and the carrier are not responsible for possible damage and/or loss. It must be verified that the POD describes the condition of the merchandise, as it is essential for claims against the carrier (if applicable).

For pickups and deliveries in limited access areas, determined by the carriers, an additional charge applies that must be assumed by the customer, these are some of the areas that may apply for such accessory:

  • Military Bases/Installations
  • Parks, Farms and Rural locations
  • Courthouses
  • Daycares
  • Hotels, Motels, Retirement/Nursing Homes
  • Restaurants
  • Cemeteries
  • Convents
  • Amusement Parks
  • Construction Sites
  • Outdoor Flea Markets
  • Camps, Carnivals, Fairs
  • Churches, Mosques, Synagogues, Temples
  • Schools (not including colleges and universities)
  • Colleges and Universities without a dock
  • Medical/Urgent care sites without a dock
  • Prisons
  • Individual / Mini Storage Units
  • Mines, Quarries, Natural Gas or Oil Fields
  • Golf Courses, Country Clubs
  • Nuclear Power Plants

USA TRUCK BROKERS INC. and LTL carriers are prohibited from transporting the following commodities:

  • Radioactive goods
  • Articles of antiquity
  • Bank bills
  • Bullion
  • Credit cards
  • Contraband or property in the course of illegal transportation or trade
  • Currency (especially paper currency)
  • Deeds
  • Drafts
  • Drawings statues
  • Fine watches
  • Furs
  • Household goods and personal effects
  • Human body parts or organs
  • Fine Jewelry (costume jewelry is OK)
  • Fine watches
  • Live animals, plants or insects.
  • Letters of credit
  • Lottery tickets
  • Manuscripts
  • Marble figures/statues
  • Mechanical drawings
  • Money
  • Original artwork
  • Passports
  • Postage stamps (current stamps and collectibles)
  • Precious metals
  • Precious stones
  • Rare books
  • Recorded or electronic data and media
  • Securities
  • Stock certificates
  • Taxidermy items
  • S. Mail
  • Ammunition
  • Guns parts
  • Assembled guns
  • Valuable papers of any kind not otherwise noted

USA TRUCK BROKERS INC. and LTL carriers are restricted from transporting the following commodities:

  • Carbon black
  • Liquor
  • Beer
  • Wine
  • Hazmat goods
  • Frozen foods
  • Automobiles
  • Motorcycles
  • Electronic devices (if applicable)
  • Tobacco products

For pickups, carriers require a minimum 3-hour window of time for pickup, and do not provide pickup appointment service.

When a pickup requires the driver to have physical documentation for the pickup of the merchandise, the customer is responsible for supplying USA TRUCK BROKERS INC. 24 hours prior to the pickup date through the proper channels. This also applies to pickups at Container freight stations (CFS) and airports.

USA TRUCK BROKERS INC. is not responsible for the costs generated by storages, the customer is the one who must cancel the pending ones in a timely manner.

Carriers may reject a pickup or merchandise if it is packed in loose boxes, so it is recommended to palletize.

Drivers have the right to refuse the request to show any type of identification such as a driver’s license, either at the supplier’s or the consignee’s site.

Special equipment for pickups and deliveries are subject to availability of each carrier and area.

UPS and FedEx Ground parcel services are only for the transportation of goods packed in cardboard boxes. Additionally, if the supplier does not have daily pickup from the respective carrier, an extra charge applies for scheduling the pickup.

  • Packages can weigh up to 150 lbs.
  • Packages can measure up to 108 inches in length.
  • Packages can measure up to 165 inches in length and girth combined.

USA TRUCK BROKERS INC. and the carriers are not responsible for the supplier delivering the wrong cargo to the driver, all return freight and other applicable charges will be borne entirely by the customer.

For pick-ups and deliveries at trade show sites, the client is responsible for providing the necessary information for the operation, such as booth#, show name and booth, among others, as well as documentation (if applicable).

It is up to the customer to confirm whether a bonded transaction will be IT (Immediate Transportation Bonds) or T&E (Transportation and Exportation Bonds) by providing USA TRUCK BROKERS INC. with supporting documentation for each mode, such as invoices, packing lists, B13 (if applicable), and the 7512 (if applicable).

Volume LTL rates are made through the transportation network in the most cost-effective way possible, and are not suitable for time-sensitive goods, and are valid for up to 7 days (check with your account representative for specific cases).

LTL Carriers determine their liability on a dollars-per-pound basis depending on freight class, packaging, commodity type, and among others. Freight class is the most common determining factor.

Liability limits are a ceiling on what the carrier may provide you in compensation in the case of a loss or damage claim. It’s not a promise to pay that amount if a claim is approved. You accept the ceiling limit and agree to receive a lessor amount when you tender your shipment. To get better coverage ask to your sales representative for the insurance.

Claims can take up to 120 working days from the date the required documentation and supports are submitted to the carrier.

With some of the LTL carriers, it is possible for your orders to be carried by rail or partner carriers network (transport times are longer by train). Once the rail company has the freight, it cannot be rescue (dock pickup).

To disprove a reweigh (W&I) the scale certificate showing its most recent calibration is required along with the commercial documents (invoice/packing list), description of the freight and any pictures and information from the manufacturer.

LTL carriers have up to 72 hours after the delivery date for the Proof of Delivery (POD) to be available.

Re-consignment and/or BOL correction charges may apply if the shipper’s and/or consignee’s city does not correspond to the zip code and address provided.

Concealed damage/shortage: when a missing/damaged item has not been noted on the POD. You have five (5) business days to file a claim; otherwise, your claim will be denied by the carrier.

The assignment of NMFCs is the responsibility of the customer when using the Primus portal for order booking. You may request assistance from the account representative and/or LTL operations team.

Alcoholic Beverages Each shipment destined to points in the states of AL, CA, FL, GA, IL, KY, LA, MD, MS, MT, NV, NJ, OK, PA, and/or TX containing alcoholic beverages which must be reported by the common carrier to a State Commission will be subject to a reporting charge in addition to all other applicable charges.

The fuel surcharge is based on the U.S. National Average Diesel Fuel Index provided by the EIA and is adjusted on Wednesdays based on the Fuel Index reported the prior Monday. If the Fuel Index isn’t updated on Monday, the carriers use Tuesday’s index to calculate the fuel surcharge level for that week. In the event the National Average Diesel Fuel Index is not updated by Tuesday of the current week, the last available index of the prior weeks will be used. ”ABF Freight tariff rules”.

Dock pickup: at the time of requesting a dock pickup, the carrier has up to 72 hours to authorize such procedure, additionally, the customer must assume all the extra costs that this generates.

For more details on the legal conditions of Less Than Truckload (LTL) services, please refer to each carrier’s; rules tariff. You can request it from your sales representative.

General payment conditions:

The term for payment of invoices is subject to the result of the credit study, in case of not complying with these payment terms could incur in legal charges and negative report before credit risk centers such as Dun & Bradstreet (D&B), the attorney’s fees generated must be assumed by the customer.

Bank charges that may be generated at the time of making international transfers must be assumed by the client from the issuing bank.