TERMS & CONDITIONS
These Terms and Conditions (“Terms”) govern the provision of freight brokerage services by Point Freight Systems (“Company,” “Broker,” “we,” or “us”) to customers (“Customer,” “Shipper,” or “you”). By tendering freight to Broker or using Broker’s services, Customer agrees to be bound by these Terms. No provision shall be amended, waived or modified except by an instrument in writing signed by both parties.
These Terms as well as the terms and conditions of any Point Freight Systems provided rate quote/confirmation and Contract Terms, if any, apply to the provision or arrangement, as applicable, of any transportation brokerage services (“Services”) herein. These Terms set forth the rights and obligations of Point Freight Systems and Customer except as otherwise set forth herein. By utilizing Point Freight Systems for Services, Customer expressly accepts these Terms and warrants that acceptance of these Terms has been authorized by a representative of Customer as of the date the Services were first provided to Customer by Point Freight Systems.
1. COMPANY ROLE AND AUTHORITY
1.1 Brokerage Services Only
Point Freight Systems is a licensed freight broker and does not act as a motor carrier. Broker arranges transportation of freight by properly licensed and insured third-party motor carriers (“Carriers”).
1.2 No Carrier Liability
Broker does not take possession, custody, or control of freight and is not responsible for loss, damage, or delay caused by Carriers, except as expressly required by applicable law.
2. CUSTOMER OBLIGATIONS
2.1 Accurate Shipment Information
Customer warrants that all shipment details provided to Broker, including weight, dimensions, commodity description, classification, hazardous status, and value, are accurate and complete.
2.2 Packaging and Labeling
Customer is responsible for proper packaging, labeling, and compliance with all applicable laws and regulations, including DOT and hazardous materials requirements.
2.3 Loading and Unloading
Unless otherwise agreed in writing, Customer is responsible for loading and unloading freight in a safe and lawful manner.
3. CARRIERS
3.1 Carrier Selection
Broker will exercise reasonable care in selecting Carriers that maintain proper authority, insurance, and safety ratings as required by the Federal Motor Carrier Safety Administration (FMCSA).
3.2 Independent Contractors
All Carriers are independent contractors and are not agents, employees, or partners of Broker.
4. RATES AND PAYMENT TERMS
4.1 Rates
Rates are quoted based on information provided by Customer and are subject to change if shipment details differ from those provided.
4.2 Payment Terms
Unless otherwise agreed in writing, payment is due within [Net 30] days from invoice date.
4.3 Late Payments
Past-due balances may accrue interest at 1.5% per month or the maximum rate allowed by law, whichever is less.
4.4 Collection Costs
Customer agrees to pay all reasonable costs of collection, including attorney’s fees, court costs, and collection agency fees.
5. CLAIMS FOR LOSS, DAMAGE, OR DELAY
5.1 Carrier Responsibility
Claims for cargo loss or damage are the responsibility of the Carrier and must be filed directly with the Carrier in accordance with applicable law.
5.2 Broker Assistance
Broker may assist Customer in submitting claims to Carriers but does not guarantee recovery.
5.3 Limitation of Liability
To the fullest extent permitted by law, Broker’s liability is limited to the amount of brokerage fees paid for the shipment giving rise to the claim.
6. ACCESSORIAL CHARGES
Customer is responsible for all additional charges including, but not limited to:
Detention
Layover
Lumper fees
Re-consignment
Redelivery
Storage
Tolls and permits
Such charges may be billed after delivery.
7. FORCE MAJEURE
Broker shall not be liable for failure or delay in performance caused by events beyond its reasonable control, including but not limited to acts of God, weather, labor disputes, governmental actions, equipment failure, or traffic conditions.
8. INSURANCE
8.1 Carrier Insurance
Carriers are required to maintain cargo and liability insurance in accordance with FMCSA regulations.
8.2 Additional Insurance
Customer is responsible for obtaining any additional insurance coverage beyond Carrier-provided limits.
9. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Broker from and against any claims, damages, losses, penalties, fines, or expenses (including attorney’s fees) arising from:
Inaccurate shipment information
Improper packaging or labeling
Violation of laws or regulations
Customer’s breach of these Terms
9. INDEMNIFICATION
Customer agrees to indemnify, defend, and hold harmless Broker from and against any claims, damages, losses, penalties, fines, or expenses (including attorney’s fees) arising from:
Inaccurate shipment information
Improper packaging or labeling
Violation of laws or regulations
Customer’s breach of these Terms
10. CONFIDENTIALITY
Both parties agree to maintain the confidentiality of non-public business information obtained during the relationship, except as required by law.
11. NON-SOLICITATION
Customer agrees not to directly solicit or contract with any Carrier introduced by Broker for a period of 12 months following the last shipment, without Broker’s written consent.
12. GOVERNING LAW AND VENUE
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict-of-law principles.
Exclusive venue for any legal action shall be state or federal courts located in Harris County, Texas.
13. DISPUTE RESOLUTION
At Broker’s discretion, disputes may be resolved through binding arbitration in Houston, Texas, under the rules of the American Arbitration Association.
14. SEVERABILITY
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
15. ENTIRE AGREEMENT
These Terms constitute the entire agreement between the parties regarding brokerage services and supersede all prior agreements or understandings, whether written or oral.
16. MODIFICATIONS
Broker reserves the right to update or modify these Terms at any time without giving notice to Customer. The changed Terms are in effect immediately. Continued use of services constitutes acceptance of the revised Terms.
