Freight Terms & Conditions
Spelman Logistics Inc Freight Terms & Conditions
1. Broker Relationship and Carrier Services
Spelman Logistics Inc (“Spelman”) acts solely as a freight broker and intermediary between the Customer and third-party motor carriers. Spelman does not operate as a carrier and is not responsible for the actual transportation of freight. Upon arranging transportation, the Customer’s shipment will be subject to the terms, conditions, and limitations of the applicable carrier’s agreement. By accepting shipment services arranged by Spelman, the Customer acknowledges and agrees that any claims for loss, damage, or delay must be directed to the carrier.
2. Payment Terms
Payment for brokerage services rendered by Spelman is due within 30 days from the invoice date, unless otherwise agreed in writing. Any overdue amounts shall accrue interest at a rate of 1.5% per month or the maximum rate permitted by law, whichever is lower. Failure to remit payment in a timely manner may result in suspension or termination of services.
3. Limitation of Liability
To the fullest extent permitted by law, Spelman’s liability in connection with its brokerage services is limited solely to the fees paid by the Customer for those services. Under no circumstances shall Spelman be liable for any direct, indirect, incidental, consequential, or punitive damages, including without limitation, any loss of profits or revenue, arising from or in connection with the transportation services provided by a third-party carrier.
4. Claims and Dispute Resolution
All claims regarding loss, damage, or delay of freight must be made directly to the carrier. The Customer agrees to notify Spelman in writing of any issues related to brokerage services within 10 days of invoice receipt; however, such notification does not alter the Customer’s obligation to pursue claims with the carrier. Any disputes arising out of these Terms shall be resolved exclusively in the courts located in Connecticut, and the prevailing party shall be entitled to recover all legal fees and costs.
5. Force Majeure
Spelman shall not be held liable for any failure or delay in performance due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, labor disputes, governmental actions, or any other events of force majeure. In such events, Spelman will make reasonable efforts to communicate with the Customer regarding any expected delays.
6. Governing Law
These Terms & Conditions shall be governed by and construed in accordance with the laws of the State of Connecticut, without regard to its conflict of laws provisions. By engaging Spelman’s services, the Customer consents to the exclusive jurisdiction of the Connecticut state courts for any disputes arising out of these Terms.
7. Amendments and Entire Agreement
These Terms constitute the entire agreement between Spelman Logistics Inc and the Customer with respect to the brokerage services provided. Any modifications or amendments to these Terms must be made in writing and signed by an authorized representative of Spelman. No other agreements, representations, or warranties, whether written or oral, shall be binding.
8. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
By accepting shipment services arranged by Spelman Logistics Inc, the Customer acknowledges that they have read, understood, and agreed to be bound by these Terms & Conditions.
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