A man in a suit and striped tie touches a digital screen with the words 'TERMS & CONDITIONS' displayed, highlighting a business context.

APEX GLOBAL TRANSPORT LLC

TERMS AND CONDITIONS

Broker: Apex Global Transport LLC (“Broker”) Client: The individual or entity engaging the Broker’s services (“Client”) Carrier: The motor carrier(s) licensed by the FMCSA and procured by the Broker to perform the transportation (“Carrier”)

1. SCOPE OF SERVICES

  • Broker Status: Client acknowledges that Broker is a Property Broker as defined by 49 U.S.C. § 13102(2) and is not a "Motor Carrier." Broker’s service is strictly limited to arranging transportation of the Shipment by a licensed independent Carrier.

  • Independent Contractors: The Carrier is an independent contractor and not an agent, employee, or partner of the Broker. Broker does not physically transport the Shipment and exercises no control over the Carrier’s methods, routes, or employees.

2. SERVICE FEES & PAYMENT

  • Execution Fee: The Broker’s Service Fee is earned in full upon the execution of this Agreement and the successful dispatching of a Carrier.

  • Payment Terms: All fees are due and payable upon signing unless otherwise agreed in writing.

  • Additional Costs: Client is responsible for all freight charges, fuel surcharges, and any additional fees incurred (e.g., storage, redelivery, or tolls) not expressly included in the initial quote.

3. CLIENT RESPONSIBILITIES & WARRANTIES

To ensure safe and timely transport, the Client warrants the following:

  • Ownership: Client is the legal owner or authorized agent of the Shipment.

  • Condition: Shipment must be in operable condition (able to roll, steer, and brake) unless "Inoperable" was specifically selected during booking.

  • Preparation: Client must remove all personal belongings, loose parts, and non-permanent accessories. Broker and Carrier are not liable for any items left inside the vehicle or any damage caused by such items.

  • Security: All alarms and security systems must be disarmed.

  • Documentation: Client must provide all necessary keys, titles, or permits required for transport.

4. LIMITATION OF LIABILITY & INSURANCE

4.1 Carrier’s Primary Liability: The Carrier is solely and exclusively liable for any cargo damage, theft, or driver negligence.

  • Direct Recourse: Client agrees that the Carrier and the Carrier’s cargo insurance policy shall be the sole source of recovery for any claims related to the physical transport of the vehicle.

  • Negligence: Claims arising from the loading, transport, or unloading of the Shipment are the responsibility of the Carrier’s driver.

4.2 Broker’s Limited Liability: Broker’s liability is strictly limited to its own gross negligence in the selection of a licensed Carrier.

  • Broker is not liable for damages, lost items, or delays caused by the Carrier.

  • In no event shall Broker’s total liability for any claim exceed the Service Fee paid by the Client to the Broker.

4.3 Damage Claim Protocol: In the event of damage, the Client must:

  1. Note on BOL: Record all damage in writing on the Carrier’s Bill of Lading (BOL) at the time of delivery.

  2. File with Carrier: Submit a formal claim directly to the Carrier and their insurance provider.

  3. Subrogation Waiver: Client hereby waives all rights of subrogation against the Broker for any loss arising out of the transportation services.

4.4 Broker Assistance: Broker agrees to provide reasonable assistance by providing the Carrier’s insurance details and contact info to facilitate a claim but assumes no liability for the outcome of such claims.

5. CANCELLATION & REFUND POLICY

  • After Dispatch: If Client cancels after a Carrier has been assigned and confirmed, 50% of the Service Fee is forfeited.

  • Upon Driver Arrival: If the Carrier arrives at the pickup location and the Client cancels for any reason, 100% of the Service Fee is forfeited.

  • Equipment Mismatch: If the Carrier arrives with equipment incapable of handling the Shipment as described (and the Client described the shipment accurately), Client may cancel and forfeit only 50% of the Service Fee, provided photo evidence is submitted within 24 hours.

  • Dry Run Fee: If the Client is a "no-show" or the Shipment is not ready for pickup, a $100.00 Dry Run Fee will be charged in addition to any forfeited fees.

6. PICKUP, DELIVERY, & INSPECTION

  • Estimates: All dates provided are estimates. Broker does not guarantee specific transit times or delivery dates.

  • Inspection: At delivery, Client (or agent) must inspect the Shipment. Signing the BOL without noting damage constitutes a "clean delivery" and waives the Client’s right to future damage claims.

  • Claim Deadline: All claims must be submitted to the Carrier in writing within 15 days of delivery.

7. ADDITIONAL CHARGES

  • Inoperable Vehicle Fee: $250.00 (if vehicle cannot be driven onto the trailer and winch/special equipment is required).

  • Oversized/Overweight: Additional fees apply for modifications (lift kits, roof racks, oversized tires) not disclosed at the time of booking.

  • COD Payments: If freight charges are not prepaid, they must be paid to the Carrier via cash or certified funds (Money Order/Cashier's Check) only.

8. GOVERNING LAW & JURISDICTION

  • Venue: This Agreement is governed by the laws of the State of Texas. Any legal action must be brought exclusively in the courts of Harris County, Texas.

  • Attorney Fees: The prevailing party in any litigation shall be entitled to recover reasonable attorney fees and court costs.

  • Severability: If any provision is found unenforceable, the remaining terms shall remain in full force.

ACKNOWLEDGMENT: By signing below, Client acknowledges they have read, understood, and agreed to these terms. This document constitutes the entire agreement between the parties.