These Terms and Conditions of Service (hereinafter referred to as "Terms") are applicable and binding upon Northstar Logix Solutions (referred to as "BROKER") and any individual or entity utilizing the services offered by Northstar Logix Solutions (referred to as "SHIPPER"). These Terms are effective unless the SHIPPER has a prior written agreement that has been duly signed and countersigned by both parties, in which case that specific agreement will take precedence over these Terms in the event of any conflict. For all other SHIPPERS without such an agreement, these Terms will govern the relationship. By accessing the website northstarlogixsolutions.com, communicating through any email associated with this domain, or booking any transportation services with BROKER, the SHIPPER acknowledges and accepts these Terms in their entirety.

In light of the mutual covenants and agreements contained herein, the SHIPPER hereby engages the BROKER, and the BROKER agrees to provide the services outlined below, subject to the following conditions:

The BROKER operates as a licensed transportation broker, as defined by 49 U.S.C. §13102(2), and is responsible for orchestrating the transportation of a diverse range of goods on behalf of its clients, the SHIPPERS. The BROKER does not take physical possession of the goods but instead facilitates the process by connecting SHIPPERS with qualified motor carriers.

The SHIPPER may be an individual, sole proprietorship, corporation, or limited liability company seeking to engage the services of a transportation broker to assist in identifying and securing motor carriers for the transport of their goods. The SHIPPER affirms that they have the legal right, title, or interest (including the authority of an agent) to bind the goods and any beneficial owner thereof to these Terms and to the terms of any underlying motor carrier to whom the cargo is ultimately entrusted.

• The BROKER is a duly licensed property broker registered with the U.S. Department of Transportation, ensuring compliance with all regulatory requirements.
• While the BROKER facilitates the transportation of goods on behalf of the SHIPPER, it does not physically carry, consolidate, or take dominion over the loads being arranged.
• The BROKER commits to providing comprehensive transportation services, which encompass locating, hiring, qualifying, negotiating rates, and tendering a motor carrier that will execute the actual transport of the SHIPPER’S goods under the BROKER's direction.
• Qualification of a carrier involves obtaining a certificate of insurance from the carrier, which must indicate coverage at least equal to the statutory minimum required for valid operating authority, and verifying the carrier’s valid motor carrier authority.
• The SHIPPER acknowledges and understands that the BROKER is not a motor carrier and will never take physical possession, custody, or control of the shipments arranged on behalf of the SHIPPER.
• The BROKER will exclusively engage carriers that have demonstrated their qualifications by providing proof of operating authority and valid cargo insurance coverage. The BROKER does not guarantee specific coverage types or exclusions.
• The BROKER will be solely responsible for invoicing and collecting freight charges from the SHIPPER. All carriers utilized by the BROKER to transport SHIPPER’s goods have explicitly waived any rights to collect payment directly from the SHIPPER, consignor, or consignee.
• The BROKER agrees to pay the freight charges of the CARRIER on behalf of the SHIPPER and will issue an invoice to the SHIPPER for payment of these charges.
• Upon request from the SHIPPER, the BROKER’s invoice will be accompanied by a copy of the relevant bill of lading.
• If the SHIPPER expresses dissatisfaction with a specific carrier, a written request must be submitted to the BROKER to discontinue using that carrier for SHIPPER’s loads. The BROKER will honor this request and cease further engagement with the specified carrier.

• The SHIPPER is required to provide a comprehensive and accurate description of the goods for which transportation services are being arranged, including precise details regarding the origin and destination of the shipment, as well as any other pertinent information necessary for the successful completion of the transportation process.
• Should the SHIPPER provide inaccurate or incomplete information regarding the load—such as its description, weight, dimensions, or any other relevant particulars—this may result in adjustments to the originally quoted price. Furthermore, if the transportation of the load is canceled due to the SHIPPER's provision of incorrect information, the SHIPPER shall be liable for a cancellation fee. This fee will be the greater of (i) $300 or (ii) 12.5% of the total applicable tariff for the scheduled transportation service. The SHIPPER acknowledges that this cancellation fee represents a reasonable pre-estimate of the damages that may be incurred by the carrier due to the cancellation of transportation services caused by the SHIPPER's erroneous information.
• The BROKER’s standard payment terms necessitate that cash payment be received in advance of the provision of services. If the BROKER opts to extend credit to the SHIPPER, the SHIPPER is obligated to pay the full invoiced amount for all loads arranged by the BROKER within fifteen (15) days of the invoice date. In the event the SHIPPER fails to make timely payment as required, the SHIPPER shall incur a late payment fee of fifteen percent (15%) and interest at the rate of eighteen percent (18%), along with any legal fees or collection costs incurred by the BROKER in the pursuit of collecting these charges.
• All payments made via credit card will incur a convenience fee of 4.5% of the transaction amount.
• The SHIPPER agrees to accept responsibility for any additional charges that may arise, including but not limited to equipment repair costs, accessorial charges, waiting times, or delays caused by the SHIPPER.
  

• Except as expressly provided herein, all claims shall be filed and resolved in accordance with the provisions outlined in 49 CFR Part 370. While the BROKER may assist the SHIPPER in the claims process with the carrier, all claims must be directed to the carrier, who bears sole liability for any loss, damage, or delay related to any shipment arranged by the BROKER on behalf of the SHIPPER.
• Claims concerning overcharges, duplicate payments, and over-collection will be addressed and resolved in accordance with 49 CFR Part 378.
• The BROKER’s maximum liability, regardless of the circumstances, shall be limited to the total sum of fifty dollars ($50.00) per individual shipment.

• The rates provided in rate confirmations or quotations are specifically tailored to meet the unique needs of the parties involved. Each shipment should be accompanied by a rate confirmation and/or quotation, which is expressly subject to these Terms and Conditions.
• It is the responsibility of the SHIPPER to directly inquire with any carrier tendered hereunder about applicable rules or tariffs and how they may impact liability, claims, or other duties and rights between the SHIPPER and the carrier. The BROKER plays no role in these matters and is solely responsible for arranging for a carrier to perform the requested transportation at an agreed-upon rate.

• The BROKER may issue invoices electronically, and the SHIPPER agrees to receive invoices in this manner. The SHIPPER may transfer funds electronically to the bank account designated by the BROKER.
• Both parties agree to make every effort to utilize electronic invoicing and payment systems as soon as feasible.

• As a licensed property broker, the BROKER assumes no legal liability for loss, damage, or delay in the transportation of the SHIPPER’S property. The BROKER’s liability is extinguished upon the tendering of a qualified carrier to the location designated by the SHIPPER for pickup.
• Any claims for loss, damage, or delay must be made directly with the motor carrier. The BROKER will provide all necessary information and documentation to assist the SHIPPER in managing such claims with the motor carrier; however, this assistance does not create any liability on the part of the BROKER or waive any portion of these Terms and Conditions.
• Notwithstanding any other provision, the BROKER’s maximum liability for any reason shall be limited to the total sum of fifty dollars ($50.00) per shipment.

• All bills of lading, delivery receipts, or other transportation documentation, aside from estimates, quotes, and rate confirmations exchanged directly between the SHIPPER and the BROKER, shall be the sole responsibility of the SHIPPER and shall not bind the BROKER in any manner.
• The designation of the BROKER on any bills of lading or delivery receipts is for informational purposes only and does not modify these Terms and Conditions. Any representations made by the motor carrier do not bind the BROKER in any manner.
• Upon request from the SHIPPER, the BROKER will provide copies of delivery receipts and bills of lading from the carrier, provided the SHIPPER has instructed the carrier to retain copies of such documentation or have such documentation executed by the consignee.
• The terms and conditions of any freight documentation used by the SHIPPER and/or the motor carrier may not supplement, alter, or modify these Terms and Conditions. In the event of any conflict, these Terms and Conditions shall prevail.

To the fullest extent permitted by law, the SHIPPER agrees to indemnify, defend, and hold harmless the BROKER, its partners, affiliates, officers, directors, attorneys, agents, insurers, and employees from and against any and all claims, demands, actions, liabilities, judgments, losses, damages, expenses, costs, penalties, and fines, including third-party claims for contribution, attorney’s fees, and any injury or alleged injury of any kind to any person, including death, and/or damage or alleged damage of any kind to any property arising from the negligent acts or omissions of the SHIPPER, particularly related to the tendering of hazardous materials, improper packaging, loading, or latent defects in goods tendered for carriage.

In addition to the agreements set forth above, both the BROKER and SHIPPER shall indemnify and hold harmless each other, their subsidiaries, and their respective officers, directors, and employees from and against all liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, charges, and expenses, including reasonable attorney fees and expenses of legal counsel and expert witnesses, which arise from or are related to the respective obligations of the parties or which may be imposed or incurred by or asserted against either the BROKER or SHIPPER due to actual or alleged: (i) injury or death to persons; (ii) damage to the property of any person or legal entity; (iii) violation of any law, ordinance, or regulation by either the BROKER or SHIPPER or any of the parties mentioned herein; provided, however, that this indemnification clause shall only apply to the extent that such liabilities, obligations, losses, damages, penalties, claims, actions, suits, costs, charges, and expenses are attributable to the sole negligence of either the BROKER or SHIPPER.

The SHIPPER agrees to comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR §172.800 and §173 et seq. Should any shipments inadvertently include hazardous materials, the SHIPPER is obligated to immediately inform the BROKER of this error.

Neither party shall be held liable to the other for failure to perform any of its obligations under these Terms during any period in which such performance is hindered or prevented by events beyond their reasonable control, including but not limited to natural disasters, acts of war, embargoes, riots, civil disturbances, or interventions by governmental authorities. The affected party shall use reasonable efforts to notify the other party of such inability to perform.

• The BROKER mandates that all motor carriers engaged to provide transportation services under these Terms furnish the BROKER with a declaration page or pages evidencing insurance coverage with the following minimum limits:
  • Cargo liability insurance with a minimum limit of $150,000 per occurrence, with a deductible not exceeding $6,000.
  • Automobile liability insurance covering owned, hired, and non-owned vehicles with a minimum limit of $1,000,000 per occurrence, with a deductible not exceeding $9,000.
  • Comprehensive general liability insurance, including contractual liability coverage, with a minimum limit of $1,000,000 per occurrence, with a deductible not exceeding $9,000.
• In cases where the value of a shipment necessitates higher cargo coverage, the SHIPPER may obtain additional insurance independently or negotiate directly with the motor carrier for coverage at a specific value. Any agreements made between the SHIPPER and the carrier shall not bind or affect the BROKER.
• It is important to note that the BROKER is not an insurer of the shipments for which it arranges transportation. The failure of any excess insurance policy to provide coverage shall not impact the BROKER’s liability.
• The BROKER is not responsible for ensuring that a motor carrier’s insurance policy pays claims in a timely or reasonable manner. However, the BROKER has contractually required carriers to maintain such coverage prior to assigning them to any loads.
• The BROKER is not obligated to obtain copies of the full insurance policies of carriers but will acquire a declaration page. The BROKER makes no representations regarding coverage or exclusions beyond what is stated on the declaration page, which will be forwarded to the SHIPPER upon request. It is the SHIPPER’s responsibility to investigate the policies and any specific exclusions therein.

The BROKER may assist the SHIPPER in filing claims with motor carriers, provided that the SHIPPER notifies the BROKER of any loss or damage immediately upon discovery via telephone or email, and in any case, within forty-eight (48) hours following delivery. The SHIPPER must submit all necessary documentation of its claim in writing, including bills of lading, delivery receipts, exception reports, surveys, damage evaluations, invoices, and a demand for a specific amount of compensation from the motor carrier, within the first twenty (20) days following delivery.

If the SHIPPER complies with these requirements, the BROKER may assist in the claims process with motor carriers. Motor carriers are required to acknowledge receipt of a claim in writing within thirty (30) days of receiving the claim. If the SHIPPER fails to comply with the requirements outlined in this section, they must file their claim directly with the motor carrier without assistance from the BROKER, except for the provision of contact and insurance information.

All claims must be filed with the carrier within nine (9) months of delivery or the anticipated delivery date of any undelivered shipment, pursuant to 49 U.S.C. §14706(e).

The filing, processing, and resolution of all cargo claims shall be governed by 49 C.F.R. §370 et seq., unless modified herein. Any assistance provided by the BROKER in facilitating the claims process shall not alter the liability of the BROKER as outlined in these Terms.

The SHIPPER agrees not to disclose the terms of any specific quotations, estimates, or rate confirmations to any third party without the prior written consent of the BROKER, except in the following circumstances: (1) as required by law or regulation; (2) disclosure to its parent, subsidiary, or affiliate companies; or (3) to facilitate the rating or auditing of transportation charges by an authorized agent, provided that such agent agrees to keep the terms confidential.

Furthermore, the SHIPPER agrees not to solicit the services of, or directly engage, any carrier(s) presented by the BROKER under the terms of this Agreement. The SHIPPER shall also refrain from disclosing the rates agreed upon between the SHIPPER and the BROKER to any third party unless required by law.

The BROKER and SHIPPER acknowledge that they are the only parties to this Agreement and that neither the BROKER nor the SHIPPER intends for any third parties to benefit from these Terms and Conditions or any services performed pursuant to them.

The failure of either party to insist on strict performance of any of these Terms, conditions, or provisions, or to exercise any right or privilege herein, shall not be construed as a waiver of any subsequent breach or default of the same or similar nature. The rights and obligations of the parties shall remain in full force and effect as if no waiver had occurred.

These Terms and Conditions shall be interpreted in accordance with federal law, where applicable, or otherwise by the laws of United State of America. Venue for any disputes arising under these Terms shall be in United State of America. The SHIPPER acknowledges that it conducts business in United State of America and is thereby subject to the personal jurisdiction of the courts in that jurisdiction.

In the event of any litigation arising from or related to the breach of these Terms and Conditions, the prevailing party shall be entitled to recover reasonable attorney fees and court costs.

If any provision of these Terms is found to be illegal, invalid, or unenforceable under current or future laws during the term of this Agreement, that provision shall be deemed severable from the remaining provisions. The validity of the remaining provisions shall not be affected, and those provisions shall remain in full force and effect as if the illegal, unenforceable, or invalid provision had not been included. A legal, valid, and enforceable provision that closely reflects the intent of the severed provision shall be substituted.

These Terms and Conditions, along with any accompanying quotations, estimates, or rate confirmations executed by both parties, embody the complete understanding between the BROKER and SHIPPER concerning the services to be rendered. There are no other agreements, understandings, conditions, warranties, or representations, whether oral or implied, with respect to the subject matter herein.

In the event of any conflict between these Terms and any other document related to or utilized in the process of arranging or transporting goods by the BROKER and SHIPPER, these Terms and Conditions shall govern to the extent of the conflict.

This revised version expands on the original content, providing more detail and clarity while ensuring that the language is distinct from the original document. Please review and adjust any specific sections as necessary, and consider consulting with legal counsel to ensure compliance with applicable regulations.