ILG Logistics
Transportation Terms & Conditions
1. ILG Authority
According to a license issued by the Federal Motor Carrier Safety Administration, ILG Logistics operates as a transportation broker of general commodities under MC-579223. The term “broker” means a person, other than a motor carrier or an employee or agent of a motor carrier, that as a principal or agent sells, offers for sale, negotiates for, or holds itself out by solicitation, advertisement, or otherwise as selling, providing, or arranging for, transportation by the motor carrier for compensation. (49 U.S.C. §13102(2)).
ILG Logistics undertakes to operate within the regulations set forth at 49 C.F.R. §371 and as otherwise promulgated by State and Federal authority. PAI Transportation Consultants Inc (“ILG Logistics”) is not a motor carrier but acts exclusively as a property broker licensed by the FMCSA and defined at 49 USC 13102. Reference to ILG as “carrier” is strictly for the convenience of the parties. It does not create or imply a holding out or assumption by ILG of motor carrier authority, equipment, personnel, capabilities, insurance, or liabilities, nor do such provisions apply to ILG.
2. Tender and Acceptance of Freight for Transport
ILG Logistics shall offer carriers loads for transport in Carrier’s equipment by issuing a Carrier Load Tender. Each party shall render all services competently and professionally and according to all applicable federal and state laws and regulations of the jurisdiction(s) within which the services are rendered.
The Carrier shall furnish all equipment required for its services hereunder and maintain all equipment in good repair and condition at its sole cost and expense. Carrier shall employ only competent and legally licensed personnel for its services and take all steps necessary to ensure that its drivers adhere to all governing Hours of Service Rules. Without the prior written consent of ILG Logistics, the Carrier shall not cause or permit any shipment tendered hereunder to be transported by any other motor carrier or in substituted service by railroad or different modes of transportation without the approval of ILG Logistics.
3. Customer Authorization
Customer authorizes ILG to arrange for motor carriers, forwarders, customs brokers, shipping agents, warehousemen, and others (“service providers”), as required, to receive, transport, store, assemble, consolidate, break-bulk, and deliver the goods. Unless the customer instructs ILG, in writing, before shipment to use a specific service provider, ILG may utilize any available service provider. Customer is defined as any person/entity that requests services, whether for themselves or others.
4. Customer’s Duty
Customer warrants the accuracy of shipment descriptions, weights, dimensions, written vehicle sanitary or temperature requirements (subject to ¶5 below), invoices, documents, and other information furnished to ILG by the customer or its agent for export, entry, or other purposes and the customer agrees to indemnify and hold harmless ILG against any increased rates, charges, duty, penalty, fine or expense including attorneys’ fees, resulting from inaccurate, incomplete statement, omission or any failure to make a timely presentation, even if not due to any negligence of the customer. It is the responsibility of the customer to know and comply with the marking requirements of the U.S. Customs Service, the regulations of the U.S. Food and Drug Administration, and all other conditions, including statutes of Federal, state, or local agencies about the merchandise. It is understood and agreed that the customer bears all responsibilities of the “Shipper” and/or “Loader” under the FDA Sanitary Food Transportation regulations and must provide specific written requirements as to sanitary vehicle requirements and/or temperature requirements to ILG before shipment and to the motor carrier at the time of physical tender. The customer shall be responsible for assessing vehicle cleanliness and/or trailer temperature at pick-up. ILG shall not be liable for action taken, fines, or penalties assessed by any governmental agency because of the failure of the customer to comply with the law or the requirements or regulations of any governmental agency or with a notification issued to the customer by any such agency.
Shipper provided and applied Cargo Security Seals may be used at loading Full Truck Load shipments only. When Shipper applies cargo Security Seals, “Shipper Load and Count” will prevail. LTL shipments are not required to have a Security Seal or Continuous Security Seal Record due to the inherent nature of LTL shipments. (See Claims)
5. Temperature Control
Temperature Controlled Frozen Products shall be transported in a non-specific range of 0°F to +10°F; For Chilled Products, the range is +28°F to +38°F. ILG and its Carriers will not be responsible for Temperature Variance on LTL (Less Than Truckload) shipments packaged in glass, plastic, aluminum, or any other metal container, nor can the temperature range be expanded or narrowed by notation on the bill of lading. Shipments requiring specific temperatures must be presented to ILG at least 48 hours before pick-up and subject to written acceptance by ILG. Customer shall include temperature recorders in all such shipments and shall have the burden of showing temperature abuse.
6. Declaration of Value
In writing at least 24 hours before shipment, customers may request additional insurance or coverage from the service provider. However, such a higher declared value is subject to additional charges and shall not apply unless and until agreed to in writing by ILG or the service provider; otherwise, the maximum value is $2.50 per pound for all LTL shipments and $100,000 for truckload shipment. Values stated on the bill of lading, invoice, or other shipping documents shall be used solely for export or customs purposes and shall not constitute the specific written agreement required above, and shipment shall be subject to the service providers’ ordinary limitations of liability.
7. Claims
Notice of loss or damage should be brought to ILG’s attention immediately, but no later than 48 hours after the occurrence. All claims must be filed in writing with the actual Carrier within 180 days of either the date of loss or incident giving rise to the claim with documentation as required under 49 C.F.R. §370, with a copy to ILG. With truckload or container shipments only, the receiver must immediately notify the origin or destination carrier when damage or shortage is noted. The Carrier must be given a reasonable time to inspect the container, trailer, or shipment while still loaded. In certain limited circumstances, ILG may accept notification and arrange for an inspection on behalf of the Carrier. ILG will reasonably assist and cooperate with the customer, or other party entitled to recover under the bill of lading/shipping order, to investigate and help process freight loss or damage claims against the Carriers. Freight and other charges must be paid in 10 days from receipt of invoice, and no offsetting is permitted for any claim or allegation. However, ILG shall supervise the processing and administration of claims with the underlying carriers. However, in no circumstance will such assistance imply or create a duty from or for ILG regarding claims. ILG will not be liable if claims are not reported following the preceding provisions, regardless of ILG’s actual negligence. To the extent inconsistent with the prior terms, the requirements of the Interstate Commerce Act (49 U.S.C. 13101 et seq.), specifically the Carmack Amendment (49 U.S.C. §14706) the regulations promulgated thereunder (49 C.F.R. §300 et seq.) are hereby waived under 49 U.S.C. §14101(b).
Neither ILG nor any service provider shall be liable for alleged loss or damage unless ILG or Carrier is allowed to count package units at origin or expressly waives such right (and such waiver is noted on the bill of lading and signed by Carrier) and any loss or discrepancy is pointed out on the bill of lading at the destination. Claims for concealed loss, damage, or “subject to count” not made within five days of delivery are invalid and denied. Claims made within the five days are subject to the customer’s burden of proof to demonstrate that such loss or damage occurred while the shipment was in ILG’s Carrier’s possession.
Carrier will take all reasonable measures, as may be required, to ensure the physical integrity and security of all shipments; Truckload trailers will be secured with a Seal/Pad-Lock to prevent tampering or unauthorized entry during transit and/or under the Carrier’s Drivers control. However, as LTL shipments involve multiple pick-ups and stops, neither ILG nor carriers shall be responsible for claims based only on a “broken seal.” Actual loss, damage, or tampering with the shipment must be shown.
ILG Logistics will not be responsible for the return, rework, or product costs /cargo claims when only the Ambient Air Temperature recorded history is used to accept or reject a “TCS” (Temperature Control Safety) classified shipment. A full investigation, using objective measures, of Air & Product Temperature must be thoroughly reviewed and documented to determine that a Food Safety issue possibly exists, and refusal of the shipment is necessary.
8. Injury To Persons or Property
ILG shall not be liable to the customer or any other entity for injury to persons or property unless such injury is the direct result and solely attributable to ILG’s acts or omissions. To the extent that the customer causes or contributes to such injury, it shall defend, indemnify, and hold ILG harmless from any claims, suits, causes of action, including reasonable attorney fees and costs. Additionally, ILG shall be entitled to reasonable attorney fees and expenses to enforce these terms.
9. Unforeseen Accessorial Charges May Apply
a. Detention: Truckload shipments are allowed two hours free on each end. Airfreight and LTL shipments are allowed 30 minutes free on each end. Detention charges vary by location and equipment.
b. Driver Assist: Standard TL rates do not include charges for driver-assist with loading or unloading of the trailer. Charges will be negotiated for in addition to the standard TL rates should driver-assist be necessary.
c. LTL BOL’s: Customer/Shipper must give a copy of the Bill of Lading provided by ILG Logistics to the assigned LTL driver at pick-up. Failure to use, or unauthorized alteration of, the provided Bill of Lading may result in additional fees charged by the Carrier.
d. Other: Charges for extra pick-ups or deliveries, truck ordered not used, layover, redelivery, and storage vary by location and equipment
10. Quoted Rates Are Based On Available Information
All quoted rates and maximum carrier liability are based on information provided by the customer at the time of booking. Any rate or carrier liability adjustment resulting from discrepancies (including but not limited to NMFC Classification, weight, dimensions, etc.) will be the customer’s responsibility.
11. Confidentiality Notice
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