Premier Global Connections, LLC: Surface Freight Brokerage Terms and Conditions

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1. Parties
(a) Customer refers to the individual or entity seeking transportation services for their goods, including exporters, importers, senders, receivers, consignors, consignees, or any other agents acting on behalf of the shipper (excluding Broker). It is the responsibility of all involved parties to share and ensure compliance with these Terms and Conditions. Broker refers to Premier Global Connections, LLC, operating under the appropriate freight brokerage authority and is not a motor carrier or common carrier. Customer agrees not to hold Broker liable as a carrier. The motor carrier(s) physically transporting the goods will be solely responsible for the transportation. Carrier refers to the motor carrier providing the actual transport services.

(b) Affiliated Entities: Customer consents to the use of Broker’s affiliated entities for freight forwarding and motor carrier services. Broker’s affiliated companies, if utilized, are independent entities and perform administrative functions only. The responsibilities and liabilities of each entity remain separate unless otherwise specified.

(c) Broker and Affiliates: Broker, along with its affiliated entities, such as Premier Freight Systems, LLC, and Premier Freight Transport LLC, will operate as independent businesses, each responsible for their own debts and obligations. Customer agrees not to hold Broker or its affiliates liable for the actions of other entities unless explicitly stated in writing. Broker’s operations and services are not to be construed as a partnership or joint venture with any third parties.

(d) Amendments: Broker reserves the right to modify, amend, or supplement these Terms and Conditions at any time without prior notice.

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2. General
(a) These Terms and Conditions apply to services performed by Broker and supersede any prior agreements or terms related to freight brokerage services. Any conflict between these Terms and Conditions and those of the Customer will be governed by Broker’s Terms unless previously agreed to in writing by an Officer of Broker. If a signed written contract exists with conflicting terms, the contract will prevail.

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3. Service
(a) Broker will arrange for the transportation of Customer’s freight. Broker’s responsibility is limited to coordinating freight transportation and does not involve the physical transport of goods. Broker does not control or supervise any carrier’s operations. Broker retains the right to refuse any shipment at its sole discretion. The relationship between Broker and Customer is that of independent contractors.

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4. Rates and Fees
(a) Rates provided by Broker are based on the information provided by the Customer. Unless specified, these rates exclude additional charges such as detention, per diem, and additional stops. Customer is liable for any extra charges incurred. The quoted rate depends on the load’s weight, dimensions, and value. Any changes in these factors may alter the quote. Unless otherwise agreed in writing, Broker’s rates assume a limited liability value of $.50 per pound up to $500,000 per shipment.

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5. Payments
(a) Invoices for services rendered will be issued by Broker or its affiliates, in accordance with agreed rates. Payments must be made within 30 days of invoice date, without deduction or setoff. The invoicing process is an administrative function and does not alter Broker’s role in arranging transportation. Claims for lost, damaged, or delayed goods must be directed to the Carrier.

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6. Liability for Loss, Damage, or Delay
(a) Broker is not liable for cargo loss, damage, or delay unless caused by Broker’s negligence. Broker will assist in processing claims, but any liability for loss, damage, or delay falls solely with the Carrier transporting the freight. Broker may, at its discretion, claim the benefits of liability protections available to the Carrier.

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7. Force Majeure
(a) Broker will not be liable for failure to perform obligations during any event beyond its control, including natural disasters, war, strikes, or government interventions.

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8. Disclaimer of Warranties
(a) Broker makes no express or implied warranties regarding the merchantability or fitness for a particular purpose of any goods, services, or information provided. Broker cannot guarantee delivery by a specific time.

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9. Notice of Claims
(a) Freight Claims: Customers must notify Broker of any cargo loss or damage within 180 days from the delivery date or scheduled delivery date. Any legal action must be filed within 2 years of the delivery or expected delivery date.

(b) Payment of Claims: If Broker pays a claim, the rights to the claim are assigned to Broker, and Customer agrees to cooperate in any necessary documentation. All claims for loss or damage will be handled directly with the Carrier.

(c) Other Claims: Customers must notify Broker of any other claims within 91 days of the event. Civil actions or arbitration must be initiated within 2 years from the event causing the claim.

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10. Customer Responsibilities
(a) Customers must ensure that cargo is properly marked, packed, and labeled for safe transit. Customer is responsible for providing accurate delivery instructions and descriptions of the cargo, including special handling or security needs. Customers are also responsible for maintaining safe and lawful loading and unloading facilities.

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11. Shipments Not Accepted
(a) Broker will not accept shipments of explosives, hazardous materials, human remains, precious metals, currency, artwork, jewelry, tobacco products, or any other items considered unusually valuable or dangerous.

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12. Hazardous Materials
(a) Customer must comply with all laws and regulations regarding the transportation of hazardous materials. Broker must be informed immediately if a shipment contains hazardous materials. Customer agrees to indemnify Broker for any liabilities related to hazardous material mishandling.

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13. Surety Bond
(a) Broker will maintain a surety bond as required by the Federal Motor Carrier Safety Administration and provide proof upon request.

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14. Default
(a) If either Broker or Customer fails to fulfill obligations, the aggrieved party may terminate the agreement after written notice. Customer is responsible for payment for services rendered before termination.

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15. Attorneys’ Fees
(a) In case of litigation arising from breach of these Terms, Broker is entitled to recover all legal costs, including attorney’s fees and court costs.

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16. Severability
(a) If any provision of these Terms is found to be invalid, the remainder of the Terms will remain enforceable. Any invalid provision will be replaced with one that reflects the original intent.

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17. Non-Waiver
(a) Failure to enforce any provision of these Terms does not waive the right to do so in the future.

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18. Venue and Jurisdiction
(a) These Terms are governed by the laws of the State of Texas. Any disputes will be resolved in the appropriate courts located within Harris County, Texas. Customers consent to personal jurisdiction in these courts.