ARTICLE 1: INTRODUCTION

Welcome to Assured Transport (https://assuredtransport.com). These Terms and Conditions (hereinafter referred to as the "Agreement") govern your use of our logistics and transportation services, including dynamic cargo management, strategic carrier partnerships, and supply chain solutions, utilizing equipment such as dry vans, refrigerated trailers, flatbeds, and more (collectively, the "Services"). By accessing or using our Services, you agree to comply with and be bound by this Agreement. If you do not agree to these terms, you should not use our Services.

Assured Transport is a non-asset-based transportation freight broker registered with the Federal Motor Carrier Safety Administration (“FMCSA”). As a Freight Logistics Company, also known as a Freight Broker, we plan, arrange and facilitate the movement of freight. Customers acknowledge and agree that Assured Transport is a Freight Broker and NOT a freight carrier.

ARTICLE 2: DEFINITIONS

2.1 "Assured Transport" refers to Assured Transport LLC, its affiliates, subsidiaries, and their respective officers, directors, employees, agents, and representatives.

2.2 "Customer" means any individual or entity that uses the Services provided by Assured Transport.

2.3 "Services" refers to the logistics and transportation services offered by Assured Transport, including but not limited to dynamic cargo management, strategic carrier partnerships, and supply chain solutions, utilizing equipment such as dry vans, refrigerated trailers, flatbeds, and more.

2.4 "Freight Broker" means a person or entity registered with the FMCSA that arranges the transportation of freight by motor carrier, but does not take possession of the freight.

2.5 "Carrier" means any person or entity engaged in the business of transporting freight by motor vehicle, rail, air, or water.

2.6 "Hazmat" refers to hazardous materials that are subject to regulations governing the safe transportation of dangerous goods.

2.7 "FMCSA" refers to the Federal Motor Carrier Safety Administration, a division of the United States Department of Transportation responsible for regulating and providing safety oversight of commercial motor vehicles.

2.8 "Equipment" refers to the transportation assets utilized by carriers to perform the Services, including but not limited to dry vans, refrigerated trailers, and flatbeds.

2.9 "Dynamic Cargo Management" means the process of managing cargo movements in a flexible and responsive manner to optimize logistics efficiency and meet customer requirements.

2.10 "Strategic Carrier Partnerships" refers to collaborative relationships between Assured Transport and carriers to enhance service delivery, efficiency, and reliability in freight transportation.

2.11 " Supply Chain Solutions" means customized logistics and transportation strategies designed to meet the unique needs and challenges of individual customers.

2.12 "Terms" refers to these Terms and Conditions, as may be amended from time to time.

ARTICLE 3: SCOPE OF SERVICES

3.1 Assured Transport LLC (hereinafter referred to as "Assured Transport") offers a comprehensive suite of logistics and transportation services, tailored to meet the diverse needs of its customers. These services include, but are not limited to, dynamic cargo management, strategic carrier partnerships, and supply chain solutions.

3.2 Assured Transport provides flexible and responsive cargo management solutions designed to optimize logistics efficiency. This includes real-time tracking, route optimization, and load planning to ensure timely and secure delivery of goods.

3.3 Assured Transport establishes and maintains strategic partnerships with a network of reputable carriers. These partnerships are crucial for delivering reliable and cost-effective transportation solutions. Assured Transport leverages these relationships to negotiate competitive rates and ensure high standards of service.

3.4 Assured Transport offers customized supply chain solutions that address the unique challenges and requirements of each customer. These solutions are developed through detailed consultations and are designed to enhance operational efficiency, reduce costs, and improve overall supply chain performance.

3.5 Assured Transport utilizes a variety of transportation equipment, including dry vans, refrigerated trailers, and flatbeds. This diverse fleet ensures the capability to handle various types of cargo, including temperature-sensitive and oversized shipments.

3.6 Assured Transport adheres to all applicable federal, state, and local regulations, including those set forth by the FMCSA. Safety is a top priority, and all carriers within Assured Transport’s network are vetted to ensure compliance with safety standards.

3.7 Assured Transport reserves the right to refuse service for certain types of cargo, including but not limited to hazardous materials classified under classes 1, 6, and 7. Further details on these limitations are provided in Article 9: Hazmat Freight Policy.

ARTICLE 4: FREIGHT BROKERAGE SERVICES

4.1 Assured Transport operates as a non-asset-based transportation freight broker, facilitating the movement of freight between shippers and carriers. As a Freight Logistics Company, Assured Transport is registered with the Federal Motor Carrier Safety Administration (“FMCSA”).

4.2 Assured Transport’s brokerage activities include identifying suitable carriers, negotiating transportation rates, coordinating pickup and delivery schedules, and managing documentation and compliance requirements. Assured Transport ensures that all transactions are conducted in accordance with applicable regulations.

4.3 At no time does Assured Transport hold, handle, store, take possession of, or transport freight. Customers acknowledge and agree that Assured Transport is a Freight Broker and NOT a freight carrier. All transportation services are performed by third-party carriers.

4.4 Assured Transport employs a strong vetting process to select carriers. This process includes evaluating carrier safety records, insurance coverage, operational capabilities, and compliance with regulatory requirements. Assured Transport ensures that only qualified carriers are engaged for transportation services.

4.5 Assured Transport provides comprehensive freight management services, including load tendering, dispatch coordination, real-time shipment tracking, and issue resolution. These services are designed to enhance transparency, efficiency, and customer satisfaction.

4.6 While Assured Transport takes measures to ensure the reliability of its carrier network, it does not assume liability for the actual transportation of freight. Customers are advised to secure appropriate insurance coverage for their shipments. Assured Transport’s liability is limited to the brokerage services provided, as detailed in Article 11: Liability and Insurance.

4.7 In the event of disputes arising from the transportation services, Assured Transport will facilitate communication between the customer and the carrier to resolve issues. Formal claims processes and dispute resolution mechanisms are outlined in Article 13: Claims and Disputes.

ARTICLE 5: CUSTOMER RESPONSIBILITIES

5.1 Customers shall provide accurate and complete information regarding the nature, value, weight, and dimensions of the goods to be transported. This includes any special handling requirements or hazardous materials classifications.

5.2 Customers are responsible for ensuring that all goods are properly packaged and labeled in accordance with industry standards and applicable regulations. This includes securing goods to prevent damage during transit.

5.3 Customers must comply with all applicable federal, state, and local laws and regulations related to the transportation of goods. This includes, but is not limited to, laws governing hazardous materials, weight restrictions, and import/export controls.

5.4 Customers shall promptly communicate any changes in shipment details, including pickup and delivery locations, contact information, and special instructions. Delays or additional costs resulting from a failure to provide timely updates may be the responsibility of the customer.

5.5 Customers agree to pay all fees and charges associated with the transportation services provided by Assured Transport in accordance with the terms set forth in this Agreement. Late payments may incur additional charges and interest.

5.6 Customers are advised to obtain appropriate insurance coverage for their shipments. Assured Transport’s liability is limited as specified in Article 11: Liability and Insurance, and customers should ensure they have adequate protection for their goods.

5.7 Customers must notify Assured Transport of any claims or disputes related to the transportation services within the timeframes specified in this Agreement. Failure to do so may result in the waiver of such claims.

ARTICLE 6: CARRIER PARTNERSHIPS

6.1 Assured Transport shall select carriers based on a vetting process, ensuring that they meet the necessary safety, compliance, and performance standards. This includes reviewing safety records, insurance coverage, and operational capabilities.

6.2 In the event of service issues or disputes, Assured Transport shall work with the carrier to promptly address and resolve the matter. This may include mediation, corrective actions, or termination of the partnership if necessary.

ARTICLE 7: CARGO MANAGEMENT

7.1 Assured Transport utilizes advanced technologies and methodologies to provide dynamic cargo management solutions. This includes real-time tracking, route optimization, and load planning to ensure efficient and secure transportation of goods.

7.2 Customers shall have access to real-time tracking information for their shipments, providing visibility into the status and location of their goods throughout the transportation process. Assured Transport ensures that tracking systems are accurate and reliable.

7.3 Assured Transport employs sophisticated load optimization techniques to maximize the efficiency of cargo movements. This includes consolidating shipments, optimizing routes, and coordinating schedules to reduce transit times and costs.

7.4 Assured Transport prioritizes the safety and security of all cargo. This includes implementing measures to prevent theft, damage, and loss during transit. Carriers are required to adhere to strict security protocols and safety standards.

7.5 For shipments requiring special handling, including temperature-sensitive goods or hazardous materials, Assured Transport shall ensure that appropriate equipment and procedures are in place. Customers must provide detailed instructions for any special handling needs.

7.6 In the event of delays, disruptions, or other exceptions, Assured Transport shall promptly communicate with the customer and take corrective actions to mitigate any impact on the shipment. This includes re-routing, expediting, or arranging alternative transportation as necessary.

ARTICLE 8: EQUIPMENT UTILIZATION

8.1 Assured Transport utilizes a variety of transportation equipment to meet the diverse needs of its customers. This includes, but is not limited to, dry vans, refrigerated trailers, flatbeds, and specialized equipment for oversized or unique cargo.

8.2 Equipment is allocated based on the specific requirements of each shipment. Assured Transport assesses the nature of the cargo, destination, and any special handling needs to determine the most appropriate type of equipment.

8.3 All equipment used in the provision of services is subject to strong maintenance schedules and safety inspections. Assured Transport ensures that carriers maintain their equipment in accordance with industry standards and regulatory requirements to ensure the safe transport of goods.

8.4 For shipments requiring specialized equipment, such as temperature-controlled trailers or heavy-duty flatbeds, Assured Transport coordinates with carriers to provide the necessary resources. This ensures that cargo is transported under optimal conditions to prevent damage or spoilage.

8.5 While Assured Transport strives to provide timely and efficient service, equipment availability may be subject to demand and other factors beyond our control. Customers will be promptly notified of any potential delays or issues related to equipment availability.

8.6 Customers must specify any special equipment requirements at the time of booking. This includes, but is not limited to, refrigeration needs, load securing devices, and equipment for oversized loads. Failure to provide this information may result in delays or additional charges.

ARTICLE 9: HAZMAT FREIGHT POLICY

9.1 Assured Transport is committed to ensuring the safe and compliant transportation of hazardous materials (Hazmat). Our Hazmat Freight Policy outlines the procedures and requirements for handling such shipments, in accordance with applicable regulations set forth by the U.S. Department of Transportation (DOT), the Federal Motor Carrier Safety Administration (FMCSA), and other relevant authorities.

9.2 Hazardous materials are classified into nine classes, with Assured Transport specifically reserving the right to not quote or handle Hazmat falling under Classes 1 (Explosives), 6 (Toxic Substances), and 7 (Radioactive Materials). Customers must provide detailed information about the classification, quantity, and nature of any Hazmat to be transported.

9.3 All Hazmat shipments must comply with DOT regulations, including proper packaging, labeling, placarding, and documentation. Carriers engaged by Assured Transport are required to adhere to these regulations and possess the necessary certifications for transporting Hazmat.

9.4 Assured Transport carefully selects carriers with proven expertise and certification in handling Hazmat. These carriers are subject to strong vetting processes to ensure compliance with safety standards and regulatory requirements.

9.5 Customers are responsible for providing accurate and complete information regarding the Hazmat to be transported. This includes Material Safety Data Sheets (MSDS), proper labeling, and any special handling instructions. Failure to provide accurate information may result in shipment delays or refusal.

9.6 Assured Transport ensures that all personnel involved in the handling and transportation of Hazmat are adequately trained in accordance with federal regulations. This includes training in Hazmat recognition, emergency response, and proper handling procedures.

9.7 In the event of an incident involving Hazmat, Assured Transport and its carriers have established emergency response protocols to mitigate risks and ensure safety. This includes immediate notification of appropriate authorities and execution of emergency response plans.

9.8 While Assured Transport takes measures to ensure the safe transport of Hazmat, liability for Hazmat shipments is subject to the terms outlined in Article 11: Liability and Insurance. Customers are encouraged to secure additional insurance coverage for Hazmat shipments.

ARTICLE 10: RATES AND PAYMENTS

10.1 Assured Transport provides rate quotations based on the specific details of each shipment, including origin, destination, weight, dimensions, and any special handling requirements. Quotations are valid for a limited period as specified in the quotation document.

10.2 Rates may be subject to adjustments based on factors such as fuel surcharges, tolls, and other applicable fees. Customers will be notified of any rate adjustments prior to shipment.

10.3 Customers agree to pay all charges associated with the transportation services provided by Assured Transport in accordance with the payment terms specified in the invoice. Payment terms may include net 30 days, prepaid, or other arrangements as agreed upon.

10.4 Late payments may incur additional charges, including interest and administrative fees. Assured Transport reserves the right to suspend services or withhold delivery of goods until payment is received.

10.5 Customers must notify Assured Transport of any disputed charges within 15 days of the invoice date. Disputes will be reviewed, and any necessary adjustments will be made promptly. Failure to dispute charges within this period constitutes acceptance of the invoice.

10.6 Assured Transport accepts various methods of payment, including electronic funds transfer (EFT), credit card, and checks. Specific payment instructions will be provided on the invoice.

10.7 In cases where a third party is responsible for payment, the customer must provide written authorization and ensure that the third party complies with the payment terms. The customer remains ultimately responsible for payment in the event of non-payment by the third party.

10.8 Additional charges may apply for services beyond the standard scope, including but not limited to, detention, reconsignment, storage, and special handling. Customers will be notified of any additional charges prior to service execution.

ARTICLE 11: LIABILITY AND INSURANCE

11.1 As a freight broker, Assured Transport’s liability is limited to the brokerage services provided. At no time does Assured Transport take possession of the goods, and therefore, it is not liable for loss, damage, or delay of goods during transportation. All claims for loss or damage must be directed to the carrier.

11.2 Carriers engaged by Assured Transport are responsible for the safe and timely transportation of goods. Carriers are required to maintain appropriate liability insurance as mandated by federal and state regulations. This includes coverage for cargo loss and damage.

11.3 While Assured Transport requires carriers to have sufficient insurance coverage, it is strongly recommended that customers obtain additional cargo insurance to protect against potential risks. This is particularly important for high-value or sensitive shipments.

11.4 In the event of loss or damage, customers must file claims directly with the carrier’s insurance provider. Assured Transport will assist in facilitating communication between the customer and the carrier but does not assume liability for claims processing or settlement.

11.5 Assured Transport’s liability for any claim arising out of the brokerage services provided is limited to the amount of fees paid by the customer for the specific shipment in question. Assured Transport is not liable for any indirect, incidental, or consequential damages.

ARTICLE 12: LIMITATIONS OF LIABILITY

12.1 Under no circumstances shall Assured Transport be liable for any indirect, incidental, special, punitive, or consequential damages, including but not limited to loss of profits, loss of business, or loss of goodwill, arising out of or in connection with the services provided.

12.2 Assured Transport shall not be liable for any failure to perform its obligations under this Agreement due to events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, governmental actions, or interruptions in transportation networks.

12.3 The maximum liability of Assured Transport, whether arising in contract, tort, or otherwise, shall not exceed the total amount paid by the customer for the services giving rise to the claim.

12.4 Assured Transport’s liability does not extend to loss or damage caused by the customer’s negligence, failure to provide accurate information, improper packaging, or inherent defects in the goods being transported.

12.5 Due to the inherent risks associated with the transportation of hazardous materials, Assured Transport’s liability is further limited. Customers are advised to secure additional insurance coverage for Hazmat shipments.

ARTICLE 13: CLAIMS AND DISPUTES

13.1 Customers must file any claims for loss, damage, or delay directly with the carrier. Claims must be submitted within the timeframe specified by the carrier’s policy, typically within 9 months from the date of delivery or expected delivery.

13.2 Claims must be accompanied by all necessary documentation, including but not limited to the bill of lading, delivery receipt, and any evidence of loss or damage. Failure to provide complete documentation may result in denial of the claim.

13.3 Assured Transport will provide reasonable assistance to customers in pursuing claims with the carrier. This includes facilitating communication and providing necessary information. However, Assured Transport is not responsible for the outcome of the claims process.

13.4 In the event of a dispute between the customer and Assured Transport arising out of or relating to this Agreement, the parties agree to first attempt to resolve the dispute through informal negotiations. If the dispute cannot be resolved through informal negotiations, it shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association (AAA).

13.5 This Agreement and any disputes arising out of or relating to it shall be governed by and construed in accordance with the laws of the state in which Assured Transport is incorporated, without regard to its conflict of law principles.

13.6 In the event of a dispute that results in legal action, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs.

13.7 If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

ARTICLE 14: CONFIDENTIALITY

14.1 For the purposes of this Agreement, "Confidential Information" refers to all non-public, proprietary information, whether written, oral, or electronic, that is disclosed by one party to the other party in connection with the Services provided. This includes, but is not limited to, business plans, customer lists, pricing information, trade secrets, and any other information designated as confidential.

14.2 Both parties agree to maintain the confidentiality of all Confidential Information and to use such information solely for the purposes of fulfilling their obligations under this Agreement. Neither party shall disclose Confidential Information to any third party without the prior written consent of the disclosing party.

14.3 Confidential Information does not include information that: (a) is or becomes publicly available through no breach of this Agreement; (b) is rightfully received from a third party without restriction on disclosure; (c) is independently developed by the receiving party without the use of or reference to the disclosing party’s Confidential Information; or (d) is required to be disclosed by law or regulatory authority, provided that the receiving party gives prompt notice to the disclosing party of such requirement and cooperates with any efforts to limit the disclosure.

14.4 Upon termination of this Agreement or upon the disclosing party’s request, the receiving party shall promptly return or destroy all Confidential Information, including any copies thereof, and certify in writing that it has done so.

14.5 The parties acknowledge that the unauthorized use or disclosure of Confidential Information may cause irreparable harm. Accordingly, the disclosing party shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.

ARTICLE 15: TERMINATION AND SUSPENSION

15.1 Assured Transport reserves the right to terminate this Agreement or suspend Services immediately upon written notice to the customer if the customer breaches any material term of this Agreement, fails to make timely payment, or engages in conduct that, in the sole discretion of Assured Transport, may harm its business or reputation.

15.2 The customer may terminate this Agreement upon 30 days’ written notice to Assured Transport. The customer shall remain liable for any fees and charges incurred prior to the effective date of termination.

15.3 Upon termination of this Agreement, all rights and obligations of the parties shall cease, except for those rights and obligations that expressly survive termination, including but not limited to payment obligations, confidentiality, and indemnification.

15.4 Assured Transport may suspend Services without terminating this Agreement if the customer fails to make timely payment, provides inaccurate or incomplete information, or otherwise breaches this Agreement. Services will be reinstated upon the customer’s cure of the breach.

15.5 Any notice of termination or suspension must be in writing and delivered to the other party in accordance with the notice provisions set forth in this Agreement.

ARTICLE 16: GOVERNING LAW AND JURISDICTION

16.1 This Agreement and any disputes arising out of or related to it shall be governed by and construed in accordance with the laws of the state in which Assured Transport is incorporated, without regard to its conflict of law principles.

16.2 The parties agree that any legal action or proceeding arising out of or related to this Agreement shall be brought exclusively in the federal or state courts located in the state in which Assured Transport is incorporated. The parties consent to the jurisdiction and venue of such courts and waive any objections to the convenience or propriety of such venue.

16.3 The parties hereby waive any right to a jury trial in any legal proceeding arising out of or related to this Agreement.

16.4 If any provision of this Agreement is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

ARTICLE 17: AMENDMENTS AND MODIFICATIONS

17.1 This Agreement may be amended only by a written document signed by authorized representatives of both parties. Any purported amendment or modification not in compliance with this provision shall be void and of no effect.

17.2 Assured Transport reserves the right to modify the Services provided under this Agreement, including changes to rates, terms, and conditions, upon 30 days’ written notice to the customer. Continued use of the Services after the effective date of such modifications constitutes acceptance of the changes.

17.3 All notices of amendments or modifications to this Agreement must be in writing and delivered to the other party in accordance with the notice provisions set forth in this Agreement.

17.4 This Agreement, as amended or modified, shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.

ARTICLE 18: WEBSITE USAGE

18.1 Users must comply with all applicable laws and regulations while using Assured Transport's website (https://assuredtransport.com). Prohibited activities include, but are not limited to:

1. Impersonating Assured Transport, its representatives, or other users.
2. Engaging in illegal activities, including but not limited to fraud, identity theft, and hacking.
3. Distributing malicious software such as viruses, spyware, or ransomware.
4. Interfering with the website’s operations, including attempting to disrupt the website's servers or network.

18.2 All users are strictly prohibited from:

1. Accessing the website to gather competitive intelligence, including any proprietary business methods or strategies.
2. Using the website's content, including marketing materials, for their own commercial advantage.
3. Engaging in activities that could harm Assured Transport’s business interests, such as negative campaigning or defamation.

18.3 All content on the website, including but not limited to text, graphics, logos, images, and software, is the property of Assured Transport or its licensors and is protected under copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, modification, or distribution of this content is prohibited. Users must not:

1. Copy, distribute, or create derivative works from the website content without prior written consent from Assured Transport.
2. Use any trademarks, service marks, or logos without the explicit permission of Assured Transport.

18.4 Users agree to:

1. Respect the privacy and rights of other users and not engage in harassment, stalking, or abusive behavior.
2. Refrain from uploading or transmitting any content that is illegal, defamatory, obscene, or infringing on intellectual property rights.
3. Avoid using automated systems such as bots, spiders, or scrapers to access the website, except for standard search engine protocols.

18.5 Unauthorized use of the website or its content may result in legal action. Assured Transport reserves the right to pursue all legal remedies available, including:

1. Injunctive relief to prevent further unauthorized activities.
2. Monetary damages to compensate for any losses incurred.
3. Criminal prosecution for activities that violate applicable laws.

18.6 Users are encouraged to report any suspicious activities or violations of these terms to Assured Transport promptly. Reports can be made through the contact information provided below.

If you have any comments or concerns, please contact us at legal@assuredtrans.com.

Last Updated: 21 June 2024