Terms and Conditions of Service

1. Parties and Agreement

This Freight Brokerage Agreement ("Agreement") is made by and between Tracker Brokerage Services, LLC, a limited liability company with its principal place of business at 9350 Skillman St. #2503 ("Broker"), and the party identified as the shipper, consignor, or consignee on the face of the rate confirmation sheet, load tender, or other shipping documents ("Customer"). By tendering a shipment to Broker, Customer accepts and agrees to be bound by all the terms, conditions, and provisions herein.

2. Broker's Role

Broker acts as a transportation intermediary. Broker is not a motor carrier. Broker's responsibility is to arrange for the transportation of Customer's freight by engaging qualified, licensed, and insured motor carriers ("Carriers"). Broker shall not be liable for the acts, omissions, or failures of any Carrier.

3. Customer's Responsibilities and Warranties

Customer warrants that:

a. The freight is properly packaged, labeled, and prepared for safe transportation.

b. All goods are legal to transport and not hazardous, dangerous, or contraband, unless fully disclosed and agreed to in writing by Broker and the Carrier prior to shipment.

c. For vehicle transport, the vehicle is in good running condition unless otherwise disclosed, is free of personal belongings, and has no more than a quarter tank of fuel.

d. All information provided regarding the freight, including dimensions, weight, and value, is accurate.

e. Customer owns the freight or has the legal authority to ship it.

4. Carrier Selection and Liability

Broker will exercise reasonable care in selecting Carriers. The actual contract of carriage is between the Customer and the Carrier. The Carrier's liability for loss or damage shall be governed by the Carrier's tariff and the provisions of 49 U.S.C. § 14706, the Carmack Amendment, which typically limits liability to the actual loss or damage, unless a higher value is declared in writing and agreed upon by the Carrier prior to shipment, for which an additional charge may apply.

5. Rates and Quotations

All rates and quotations provided by Broker are estimates based on the information provided by Customer. Final rates are subject to change based on the actual weight, dimensions, class, and accessibility of pickup/delivery locations. Any additional services requested by Customer, including but not limited to lumper services, detention, or reweighing, will incur additional charges.

6. Payment Terms

a. Invoicing: Broker will invoice Customer upon completion of the shipment, unless other credit terms have been established in writing.

b. Payment Due Date: Payment is due within 30 days of the invoice date.

c. Late Fees: A late fee of 1.5% per month (18% APR) or the maximum allowed by law, whichever is less, will be charged on all past-due amounts.

d. Collection Costs: Customer is responsible for all reasonable attorney's fees and collection costs incurred by Broker to collect unpaid amounts.

e. Freight Charges Not Affected by Claims: Customer must pay all freight charges in full without offset or deduction for any loss or damage claims.

7. Claims for Loss or Damage

All claims for loss, damage, or delay must be filed in writing with Broker within nine (9) months of the date of delivery, or the date when delivery should have been made. The claim must include a copy of the original Bill of Lading, the paid freight invoice, and documentation of the claimed loss or damage (e.g., photos, repair estimates). Failure to file a timely claim will result in a waiver of the claim. All claims are subject to the liability limitations set forth in Section 4.

8. Pickup and Delivery

All times provided for pickup or delivery are estimates only and are not guaranteed. Broker and its Carriers are not liable for delays caused by factors beyond their reasonable control, including but not limited to weather, road conditions, mechanical failure, acts of God, or labor disputes ("Force Majeure").

9. Cargo Insurance

Broker does not provide cargo insurance. Carriers are required to maintain cargo insurance as mandated by federal regulations. Upon request, Broker can provide a certificate of insurance for the Carrier assigned to the shipment.

10. Indemnification

Customer agrees to indemnify, defend, and hold harmless Broker, its agents, and employees from and against any and all claims, liabilities, losses, and damages (including reasonable attorney's fees) arising from (a) Customer's breach of any warranty in Section 3, or (b) the nature of the freight shipped (e.g., hazardous materials not properly disclosed).

11. Limitation of Liability

To the fullest extent permitted by law, Broker's total liability to Customer for any and all claims, losses, or damages arising from this Agreement shall be limited to the total brokerage fees received by Broker for the specific shipment in question. In no event shall Broker be liable for any special, incidental, consequential, or punitive damages.

12. Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles. Any legal action or proceeding arising under this Agreement shall be brought exclusively in the federal or state courts located in Dallas County, Texas.

13. Miscellaneous

a. Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

b. Entire Agreement: This Agreement constitutes the entire understanding between the parties and supersedes all prior agreements, oral or written.

c. Modification: No modification of this Agreement shall be effective unless it is in writing and signed by an authorized representative of both parties.

Contact Information: