Terms and Conditions for Broker Services

1. Introduction and Acceptance

These Terms and Conditions for Freight Broker Services (“Terms”) govern all brokerage services (“Services”) provided by TFI Trans Inc. (“Broker”) to any shipper, consignor, consignee, broker, forwarder, or any party engaging Broker to arrange transportation of property, goods, or motor vehicles (each a “Shipper”).

Broker operates solely as a BROKER, registered with the FMCSA under USDOT 2430736 / MC 837905, authorized to arrange transportation with third-party motor carriers (“Motor Carriers”). Broker does not act as a motor carrier and never assumes care, custody, or control of Shipper's freight.

By requesting Services, Shipper acknowledges and agrees to these Terms. These Terms override all conflicting terms contained in any Shipper documentation.

2.1 Scope of Services

Broker agrees, as an independent contractor, to arrange transportation of Shipper's freight using qualified, authorized Motor Carriers. Shipper acknowledges that Broker does not take possession of cargo.

2.2 Not a Motor Carrier

Any reference to Broker as a “carrier” is deemed a clerical error and does not alter Broker's legal status.

2.3 Motor Carrier Qualification

Broker will utilize Motor Carriers that:

• Hold valid FMCSA operating authority
• Maintain required insurance levels
• Do not have a rating of “Unsatisfactory”
• Comply with all federal and state laws

3. Order Transmission

Shipper may place orders electronically, via written communication, or via an approved API or portal. Broker reserves the right to accept or decline any order.

4.1 Freight Charges

Rates may be established by written quote, rate schedule, tariff, or spot rate confirmation. All rates include Broker's commission.

4.2 Accessorial Charges

Shipper is responsible for additional charges including, but not limited to:

• Detention
• Layover
• Reconsignment
• Storage
• Special equipment

4.3 Payment Terms

Invoices are due within 15 days unless disputed in writing. Wrongfully withheld funds accrue interest at 1.5% per month.

5. Freight Operations and Carrier Requirements

Broker requires each Motor Carrier to agree to:

• Maintain $1,000,000 automotive liability insurance
• Maintain minimum $250,000 cargo insurance
• Comply with safety and operational regulations
• Waive all liens on cargo
• Follow Bills of Lading procedures

6. Drive-Away Services

Upon request and acceptance, Broker may arrange licensed Motor Carriers to perform drive-away services. Shipper must provide accurate vehicle identification and documentation.

7. Bills of Lading and Documentation

A Bill of Lading (“BOL”) or electronic proof of delivery serves as receipt of goods and record of condition upon pickup and delivery. Documentation may not supersede these Terms.

8.1 Origin and Destination Inspection

Motor Carriers will perform a visual inspection at pickup and document any observable damage. Shipper's agent must inspect freight at delivery.

8.2 STI (Subject to Inspection)

If delivery occurs after hours, Shipper has 2 business days to submit a Letter of Notification (LON) including:

• VIN
• Photos
• Location and type of damage
• Description and size of damage

8.3 Shipper Responsibilities

Shipper agrees that:

• Vehicles tendered must be operable and safe
• No personal property may remain inside vehicles
• Broker and Motor Carrier are not liable for interior damage, mechanical issues, pre-existing issues, or road-related wear

8.4 Cargo Claim Filing

Shipper must file claims:

• Within 3 months of delivery
• Provide all documentation per VIN
• Allow Motor Carrier/Broker to inspect and investigate
• Understand Carmack Amendment governs Motor Carrier liability

8.5 Salvage

If total loss occurs, salvage rights transfer to the paying party.

9. Insurance

Broker maintains:

• Contingent Cargo: $1,000,000
• Third-Party Liability: $1,000,000
• Contingent Broker Auto Liability: $1,000,000
• Commercial General Liability: $2,000,000

10. Limitation of Liability

Broker is not liable for cargo loss except when caused by Broker's direct negligence. Liability is capped at the lesser of: total fees paid to Broker in the last 12 months, or $150,000.

Broker is not liable for:

• Consequential or punitive damages
• Identity fraud by third parties
• Force majeure events

11. Indemnification

Shipper shall indemnify Broker for claims arising from:

• Shipper's negligence
• Incorrect documentation
• Improper vehicle preparation
• Misrepresentation of cargo condition

12. Confidentiality

Both Parties shall protect confidential information, including business practices, pricing, customer data, and communications.

13. Data Privacy and Security

Both Parties must maintain high standards of data protection, including encryption and breach notification.

14. Assignment

Neither Party may assign obligations without written consent.

15. Severability

Invalid provisions do not negate the remaining Terms.

16. Independent Contractor Status

Broker and Motor Carriers operate independently from Shipper.

17. Electronic Signatures

Electronic documents and signatures are fully enforceable.

18. Force Majeure

Performance is excused during events beyond a Party's control.

19. Governing Law

These Terms are governed by the laws of the State of California, with venue in Los Angeles County.

20. Publicity

Broker will not use Shipper's name without explicit permission.

21. Waiver

Failure to enforce rights is not a waiver.

22. No Third-Party Beneficiaries

These Terms create obligations only for the Parties.

23. Complete Agreement

These Terms supersede all previous agreements.

24. Notice

All legal notices shall be sent to: TFI Trans Inc., 3250 Wilshire Blvd, Suite 708, Los Angeles, CA 90010.

Email: info@tfitrans.com

SMS Terms and Conditions

By requesting information from TFI Trans Inc via our phone menu, you agree to receive a one-time automated text message to the mobile number provided.

• Service Description: used exclusively to send requested staff or department contact details to callers.
• Message Frequency: one-time message per request.
• Rates: message and data rates may apply depending on your mobile carrier plan.
• Opt-Out: reply STOP to any message received.
• Help: reply HELP or contact us at info@tfitrans.com.
• Liability: carriers are not liable for delayed or undelivered messages.