Terms and Conditions

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MM Logistics (freight broker) role is limited to arranging for transportation, not performing the transportation.

STANDARD TERMS & CONDITIONS

BROKER-CARRIER: 

AGREEMENT WILL BE SENT TO CARRIER THROUGH MYCARRIERPACKETS.COM FOR ONBOARDING WHEN CARRIER SETS UP TO HAUL FREIGHT FOR MM LOGISTICS.

BROKER-SHIPPER AND/OR CUSTOMER:

The  term “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 of Brokerage (“Terms and  Conditions”) to each other. The term “Broker” means Marshall Mizell Logistics, LLC dba MM Logistics operating under MC 1150197, 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 will 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; Customer and its agents shall not file  claims or suit against Broker for loss, damage, or delay to cargo. The  term “Carrier” shall refer solely to the motor carrier providing the  actual transport. 

These Terms and Conditions are  applicable to the services performed by Broker undertaken on the  Customer's behalf. These Terms and Conditions supersede all previous  conditions of transportation and other prior statements concerning the  rates and conditions of Broker's services. These Terms and Conditions  control in the event of any discrepancy or conflict between these Terms  and Conditions and those of any Customer, unless changes have been made  by obtaining prior written approval by an Officer of Broker. Broker  reserves the right from time to time to modify, amend or supplement  these Terms and Conditions without notice. Copies of Broker's most  recent terms and conditions are available upon request. Broker’s terms  and conditions in effect on the date of shipment shall apply. 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 and Conditions, the signed, written contract will control  to the extent that such terms conflict with these Terms and Conditions.  These Terms and Conditions apply to Broker, not the Carrier actually  providing the transportation services. In the event one of the Broker’s  affiliates actually transports a load, such transportation shall be  subject to the affiliate’s terms and conditions, which are available  upon request.

Broker will arrange for  transportation of Customer’s freight pursuant to these Terms and  Conditions. Broker’s responsibility will 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. 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 reserves the right to refer shipments to, and Customer approves  such use of, Broker’s affiliates to provide transportation services for  any shipment.

Quotes are based on  information provided by the Customer. Unless indicated, the price  excludes charges for detention time, per diem and additional stops.  Customer will be liable for all additional charges incurred relating to  the transportation of Customer’s freight. The quoted rate depends on the  weight, dimension and released value of the property described. Any  changes to the actual released value, dimension, description or weight  of the load may result in revisions to the quoted price. 

Broker  or Broker’s affiliate will invoice Customer for Broker’s services in  accordance with the rates, charges and provisions negotiated and agreed  to between Customer and Broker. Customer agrees to pay Broker’s invoice  within 30 days of the invoice date without deduction or setoff/offset. As a  convenience to Customer, invoices may be processed by Broker’s  affiliated entity and such administrative support in issuing invoices  will 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 will 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. 

Compensation for Broker’s services shall be paid by Customer to Broker for all shipments tendered by Customer to Broker in accordance with rates and/or charges agreed to by Broker and Customer through written agreement, email correspondence, facsimile transmission, text message, other electronic transmission or verbal communication.

A  shipment in which charges are to be paid by a party other than the  Customer, will be accepted provided recourse against the Customer,  shipper, consignor, and/or consignee is preserved, regardless of any  other representation on the Bill of Lading or other shipping document  (including, but not limited to, Section 7 and/or prepaid designations).  The Customer guarantees to pay the charges if the third party fails to  do so in the time allotted under the applicable credit regulations.

Broker  will assist with processing of claims on behalf of its Customers.  Broker shall not be liable for the conduct of motor carriers hired by  Broker. BROKER IS NOT LIABLE FOR 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 BROKER IS CONCURRENTLY NEGLIGENT  OR AT FAULT. IN NO EVENT WILL BROKER BE LIABLE FOR DAMAGES ARISING FROM  DELAY OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING  DAMAGES RELATING TO LOSS OF PROFITS, WHETHER OR NOT SUCH DAMAGES WERE  REASONABLY FORESEEABLE. 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, TERMS AND  CONDITIONS, RULES TARIFF, AND OTHER DOCUMENTS. BROKER WILL NOT BE LIABLE  FOR PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE ARISING FROM, RELATED  TO, OR CONNECTED WITH THE CONDUCT OF THE MOTOR CARRIER. 

THE  FOLLOWING LIMITATIONS OF LIABILITY SHALL APPLY TO ALL CARGO LOSS OR  DAMAGE UNLESS, (1) CUSTOMER REQUESTS A HIGHER LIMITATION OF LIABILITY,  (2) CUSTOMER PAYS THE INCREASED RATE ASSOCIATED WITH THE HIGHER  LIABILITY, AS APPLICABLE, AND (3) AN OFFICER OF BROKER CONFIRMS THE  HIGHER LIABILITY IN WRITING. BROKER’S RATES ARE BASED ON A LIMITED  RELEASED VALUE, AND BROKER WILL NOT BE RESPONSIBLE FOR CARGO LOSS OR  DAMAGE IN EXCESS OF $100,000. IN THE EVENT BROKER IS LIABLE FOR LOSS OR  DAMAGE TO CARGO, BROKER’S LIABILITY SHALL BE LIMITED TO THE AMOUNT OF  ACTUAL INSURANCE COVERAGE PROVIDED TO BROKER BY BROKER’S INSURER, IF  ANY; IN THE EVENT NO INSURANCE COVERAGE IS PROVIDED TO BROKER, BROKER’S  LIABILITY SHALL BE LIMITED TO $5,000.

NO OFFSET: 

SHIPPER will not deduct or offset amounts due to BROKER hereunder for any disputes or claims,

including but not limited to freight claims, disputed invoices, overcharges, or duplicate payments.

Broker  will not be liable for failure to perform any of its obligations under  these Terms and Conditions during any time in which such performance is  prevented by circumstances beyond Broker’s control including but not  limited to an act of God, fire, flood, or other natural disaster, war,  embargo, riot, strike, lock-out, labor disturbance, civil disobedience,  or the intervention of any government authority, or any other cause  outside of the reasonable control of Broker.

Except  as expressly provided in these Terms and Conditions, 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.

1. Freight Claims. Customer must give Broker written notice of any claims for cargo loss  or damage within 120 days from the date of such loss, shortage or  damage, which for purposes of these Terms and Conditions will be the  delivery date or, in the event of non-delivery, the scheduled delivery  date. Customer must file any civil action against Broker in a court of  law not later than 2 years from the date of delivery or, if delivery was  not completed, the expected date of delivery. 
2. Payment of Claims by Broker. If payment of claim is made by Broker to Customer, Customer  automatically assigns its rights and interest in the claim to Broker,  and agrees to execute any documents that may be necessary in connection  with such assignment. All damage claims will be handled directly with  the Carrier or its insurance representatives. Notwithstanding the  foregoing, this provision does not obligate Broker to pay any claim.
3. All Other Claims. Customer shall notify Broker of all known material details within 91  days of receiving notice of any facts giving rise to a claim other than  cargo loss or damage claims, or else such claims are waived. Customer  shall update Broker promptly thereafter as more information becomes  available. Civil action, or arbitration, if any, must be commenced  within 2 years from the date of the event giving rise to the claim.

1. Customer  must properly mark, pack and label cargo so it will safely endure  ordinary handling in transit. By tendering a shipment to the Carrier(s),  Customer certifies that the shipment is sufficiently packaged to  withstand the normal hazards of truck transportation. 
2. Customer  shall be responsible to Broker for timely and accurate delivery  instructions and description of the cargo, including any high value,  special value, special handling (including tarping or strapping  instructions) or security requirements, for any shipment. Any article  susceptible to damage by ordinary handling must be adequately protected  and packaged and marked in such a way as to alert the Carrier(s) of the  possibility of damage from ordinary handling and must bear appropriate  labels. 
3. Customer shall provide the Carrier(s) with access to  the facilities necessary to load or unload the tendered shipments.  Customer is solely responsible for maintaining the loading and unloading  facilities in a good and safe condition, and in compliance with all  applicable laws, codes and regulations. CUSTOMER HEREBY WAIVES AND  RELEASES BROKER FROM ANY LIABILITY FOR ANY LOSS OR DAMAGE TO CUSTOMER'S  FACILITIES OR TO CUSTOMER'S PERSONAL PROPERTY LOCATED ON SUCH  FACILITIES. Broker will not be responsible for stolen, lost, or damaged  goods, containers, chassis, or other equipment after such items have  been delivered. Customer will reimburse Broker for any costs Broker pays  or incurs with regard to theft, loss, or other damage to goods,  containers, chassis, or other equipment occurring after delivery of the  shipment.
4. Customer agrees that it is solely responsible for  providing the weight and dimensions of any shipment and guarantees that  the weights and dimensions given to Broker, and its employees, will be  true and accurate and accepts all responsibility and liability for any  actions and operations performed based on the weights and dimensions  provided by Broker or Broker’s client.

Customer  will not tender shipments for transportation of explosives, shipments  requiring “protective security service or armed guard surveillance,”  human remains, precious metals, currency, object d’art, collection,  antiques or precious stones, jewelry, manufactured tobacco products,  ammunition, or any items of unusual value.

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 ATTORNEY 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.

Both  Broker and Customer will discuss any perceived deficiency in  performance and will promptly endeavor to resolve all disputes. However,  if either party materially fails to perform its duties under these  Terms and Conditions, 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.

In the event any  litigation arises from breach of these Terms and Conditions or to  collect for the services provided under these Terms and Conditions,  Broker will be entitled to recover all reasonable costs incurred  including court costs, attorney fees, and all other related expenses  incurred in such litigation.

If any provision  of these Terms and Conditions is invalid for any reason whatsoever,  these Terms and Conditions will be void only as to such provision, and  the remaining terms and conditions will remain binding between the  parties. Any provision voided will be replaced with provisions which are  as close to Broker and Customer’s original intent as permitted under  applicable law.

The failure or refusal of  either party to insist upon the strict performance of any provision of  these Terms and Conditions or to exercise any right in any one or more  instances or circumstances will not be construed as a waiver or  relinquishment of such provision or right, nor will such failure or  refusal be deemed a customary practice contrary to such provision or  right.

These Terms and Conditions  shall be subject to and governed by the laws of the State of Georgia,  without regard to choice-of-law principles and irrespective of the fact  that one or more of the parties may be or may become a resident of a  different state. The parties agree that any and all claims or disputes  arising out of or under this Agreement shall be filed in the appropriate  county, state and federal courts located within Atkinson or Coffee  County, Georgia. Customer hereby waives any claims or objections to  personal jurisdiction and/or that such courts will be improper or  inconvenient forums.