Terms and Conditions of Service

01Scope and acceptance

These Terms and Conditions of Service (the “Terms”) apply to all services arranged or provided by DCI Logistics LLC (“DCI”, “we”, “us”) for a customer (“Customer”, “shipper”, “you”), including the arrangement of freight transportation, border coordination, customs coordination, warehousing, transloading and related logistics services.

You accept these Terms by requesting a quotation, tendering a shipment, accepting a rate confirmation, or otherwise instructing DCI to arrange services. Where DCI and the Customer have signed a separate written agreement, that agreement governs to the extent it conflicts with these Terms.

These Terms are published here so that they are available to you before you tender freight, rather than only on request.

02Role of DCI Logistics LLC

DCI is a licensed property broker registered with the Federal Motor Carrier Safety Administration under USDOT 4303609 and MC-1676403, authorised as a Broker of Property (Except Household Goods).

In that capacity DCI arranges for the transportation of freight by authorised motor carriers. DCI does not itself transport freight, does not operate commercial motor vehicles, and does not employ the drivers who move your shipment.

Where DCI acts as broker, DCI is responsible for:

• selecting and engaging authorised motor carriers to perform the transportation;
• communicating the shipment requirements accurately to the carrier engaged;
• coordinating the movement, including border sequencing, transfer and warehousing where those services form part of the arrangement;
• assembling and coordinating documentation with the parties licensed to act on it;
• maintaining the financial responsibility required of a property broker by 49 CFR 387.307.

03Independent motor carriers

Transportation arranged by DCI is performed by independent, authorised motor carriers. Those carriers operate under their own operating authority, with their own equipment, their own drivers and their own insurance. They are independent contractors and are not agents, employees or partners of DCI.

Before tendering freight to a motor carrier, DCI verifies, as part of its ordinary process:

• that the carrier holds active operating authority with FMCSA;
• that the carrier maintains current insurance appropriate to the freight;
• the carrier’s publicly available safety performance data;
• the identity of the carrier and that its contact and payment details match its record.

DCI selects carriers with reasonable care. DCI does not guarantee the acts or omissions of any motor carrier, and DCI does not assume the liability of the motor carrier by arranging the transportation.

04Quotations and rates

Quotations are based on the shipment information supplied by the Customer at the time of the request and on conditions prevailing at that time. A quotation is an offer to arrange transportation on the basis described; it is not a guarantee of capacity, transit time, crossing time or delivery date unless expressly stated in writing.

A quotation assumes, unless stated otherwise:

• that the commodity, weight, dimensions, piece count and packaging are as described;
• that the equipment type quoted is suitable and available for the movement;
• that origin and destination are accessible to the equipment quoted;
• that no permits, escorts or special handling beyond those quoted are required;
• that loading and unloading occur within the free time customary for the equipment and lane.

Where any of those assumptions proves inaccurate, or where conditions at the border, at a facility or on the route materially change, the rate may be adjusted. DCI will inform the Customer of a material adjustment as soon as it is known.

The validity period of a quotation is the period stated on that quotation. Where no period is stated, the quotation is valid only for the shipment and dates described in it.

05Shipment information and shipper responsibilities

Accurate shipment information is the foundation of everything that follows. Most failures on a cross-border lane originate in a description that did not match the freight. The Customer is responsible for providing, accurately and in good time:

• the commodity description, and the correct classification where applicable;
• weight, dimensions and piece count;
• declared value where a declared value is required or requested;
• complete origin and destination addresses, contacts and appointment requirements;
• whether the shipment contains hazardous materials, and if so all information required by applicable law;
• packaging suitable for the commodity, the equipment and the transit;
• all commercial and customs documentation required for the movement;
• any cargo insurance requirements, including those addressed in section 07;
• any regulatory, licensing or permit requirements applicable to the commodity.

The Customer warrants that the freight is properly packaged, marked and labelled for the transportation arranged, and that it may lawfully be transported over the route and by the mode arranged.

Where inaccurate or incomplete information causes additional cost, delay, re-classification, re-billing, detention, storage, a customs hold, or a refusal by a carrier or receiver, the resulting cost is the responsibility of the Customer.

06Cargo, restricted and special commodities

Not all freight can be arranged on all lanes, and acceptance is never automatic. The following require DCI’s prior review and written acceptance before tender:

• hazardous materials and dangerous goods;
• high-value shipments;
• temperature-sensitive and perishable goods;
• pharmaceuticals and controlled goods;
• alcohol, tobacco and other regulated products;
• firearms, ammunition and related items;
• oversize, overweight or otherwise permitted loads;
• live animals and human remains.

DCI does not arrange the transportation of goods whose transportation is prohibited by applicable law. DCI may decline any shipment. Where a shipment is tendered without the disclosure required by this section, DCI may decline it, stop it in transit or return it, and the resulting cost is the responsibility of the Customer.

07Mexico shipments — cargo insurance

This section applies to any shipment originating in, destined for, or moving through Mexico under an arrangement made by DCI.

How an express request is made

An express request must be made by the Customer and must be unambiguous. A request may be made by selecting the corresponding option on DCI’s quote request form, or in writing to DCI by email or within a signed agreement.

A request is not coverage

Making an express request does not, by itself, place cargo insurance on a shipment. Cargo insurance arranged by DCI is in effect only once DCI has confirmed it in writing for the specific shipment, and is subject to the terms, conditions, limits and exclusions of the policy under which it is arranged.

Where the Customer has not made an express request, or where DCI has not confirmed cover in writing, the Customer is responsible for insuring the shipment.

08Cargo insurance generally

Three distinct things are often confused. They are not the same:

Nothing in these Terms constitutes insurance advice, and DCI does not act as an insurance broker or adviser. The Customer is responsible for satisfying itself that the cover applicable to its freight is adequate for its own purposes.

09Customs coordination and international operations

DCI provides customs coordination. DCI is not a licensed customs broker and does not file customs entries. Customs entries are filed by a licensed customs broker engaged by the Customer or, where the Customer asks DCI to arrange it, by a licensed customs broker engaged through DCI.

Customs coordination means that DCI:

• assembles the documentation required for the movement against the shipment reference;
• reviews that documentation for internal consistency before the equipment reaches the crossing;
• delivers it to the customs broker in time for their filing window;
• sequences the physical movement, including transfer, around that window;
• escalates to the Customer where a shipment is queried or held.

The Customer acknowledges that a cross-border movement may involve motor carriers, drayage carriers, customs brokers, warehouses, transfer facilities, foreign service providers and governmental authorities, each acting within its own licence and under its own terms. DCI is responsible for its coordination of those parties, not for the exercise of their independent professional judgement or statutory functions.

Duties, taxes, tariffs, fees and governmental charges are the responsibility of the party liable for them under applicable law and the commercial terms of the underlying sale.

10Documentation and bills of lading

A bill of lading, delivery receipt or similar document issued by a motor carrier is a contract between the shipper and that carrier. DCI is not a party to it in the capacity of a carrier, and the issuance of such a document does not alter the capacity in which DCI acts.

Terms printed on a bill of lading, delivery receipt, packing list or similar document that purport to impose obligations on DCI as a carrier are not binding on DCI and do not vary these Terms.

Where the Customer’s own documentation, rate confirmation or purchase order conflicts with these Terms, these Terms govern the relationship between the Customer and DCI unless DCI has agreed otherwise in a signed writing.

11Accessorial and additional charges

Charges beyond the base transportation rate arise when something is required that the quotation did not include. Where they apply, they are charged at the rate agreed in the quotation or rate confirmation, or where none was agreed, at the rate charged to DCI by the provider plus DCI’s applicable handling.

Charges of this kind may include:

• detention and demurrage at origin, destination or the crossing;
• layover;
• truck ordered not used;
• lumper and unloading services;
• storage and warehousing beyond the agreed period;
• redelivery and reconsignment;
• additional stops;
• border, bridge, transfer and crossing fees;
• permits, escorts and overweight or oversize charges;
• equipment cleaning, tarping and securement beyond the standard specified;
• fuel and other surcharges where applicable.

DCI does not publish a standard accessorial tariff on this website. Applicable amounts are stated in the quotation or rate confirmation for the shipment.

12Invoicing and payment

Invoices are payable in accordance with the payment terms stated on the invoice or in the written agreement between DCI and the Customer. Where credit terms have not been extended and agreed in writing, charges are payable before the shipment is released for transportation.

Unless stated otherwise, invoices are denominated and payable in United States dollars. Amounts are exclusive of taxes, duties and governmental charges, which are the responsibility of the party liable for them under applicable law.

A disputed invoice should be raised with DCI in writing, identifying the invoice and the item disputed, as promptly as the Customer reasonably can. Undisputed amounts on the same invoice remain payable in accordance with their terms.

A claim of any kind does not entitle the Customer to withhold payment of undisputed charges, and DCI does not offset a claim against amounts owed except where the parties agree in writing.

13Cargo claims and service issues

Three kinds of claim arise in this business and they are handled differently:

Cargo claim against the motor carrier

A claim for loss of or damage to freight while in the possession of a motor carrier is a claim against that carrier, governed by the bill of lading, the carrier’s terms and applicable law. DCI will identify the carrier, provide the shipment documentation in its possession and assist the Customer in presenting the claim.

Cargo insurance claim

Where cargo insurance was arranged by DCI at the Customer’s express request and confirmed in writing, a claim is presented under that policy and is governed by its terms, conditions, limits and exclusions. DCI will assist with the presentation of the claim to the insurer.

Service issue with DCI

Where the issue concerns DCI’s own performance of its coordination obligations, raise it directly with us and we will investigate it.

Notice and documentation

Loss or damage should be noted on the delivery receipt at the time of delivery wherever possible, and notified to DCI as promptly as the Customer reasonably can. Early notice materially affects what can be recovered.

Supporting a claim ordinarily requires:

• the shipment reference;
• the bill of lading;
• the proof of delivery, with any exception noted;
• the commercial invoice or other evidence of value;
• photographs and other evidence of the loss or damage;
• the certificate of insurance, where an insurance claim is presented;
• evidence of the amount claimed.

14Delays, disruption and force majeure

Transit times, crossing times and delivery dates are estimates based on normal conditions. They are not guaranteed unless DCI has guaranteed them expressly in writing for the specific shipment.

DCI is not liable for delay, loss or failure to perform caused by circumstances beyond its reasonable control, including:

• customs inspection, examination, hold, or the act of any governmental authority;
• border congestion, closure or restriction;
• weather, natural disaster and road or bridge closure;
• acts of war, terrorism, civil unrest, blockade or strike;
• epidemic, pandemic and public-health measures;
• carrier breakdown, accident or equipment failure;
• theft, hijacking and criminal acts of third parties;
• failure of utilities, communications or information systems;
• acts or omissions of the Customer, the consignee or any third party not engaged by DCI.

Where such an event occurs, DCI will inform the Customer as soon as reasonably practicable and will work with the Customer on the options available.

15Capacity, liability and motor carrier responsibility

This section records the capacity in which DCI acts and is central to the agreement between the parties.

Accordingly, DCI’s responsibility arises from its role in arranging and coordinating transportation and related services. DCI is not liable in the capacity of a motor carrier, and does not assume the cargo liability of the motor carrier performing the transportation.

DCI is not liable for indirect, incidental, special, consequential, punitive or exemplary damages, or for lost profits, lost revenue, loss of production, loss of business, loss of goodwill, or the claims of the Customer’s own customers, arising out of or in connection with the services, whether or not DCI was advised that such damages were possible.

The Customer is responsible for, and will hold DCI harmless from, loss, cost, claim and expense arising from: inaccurate or incomplete shipment information supplied by the Customer; improper packaging, marking or labelling; undisclosed hazardous materials; the Customer’s breach of these Terms; and the Customer’s violation of applicable law.

16Third-party services

Where DCI engages a third party — a motor carrier, drayage carrier, customs broker, warehouse, transfer facility, port service or foreign service provider — it does so as the Customer’s agent for the purpose of arranging that service, and the service is subject to that provider’s own terms, tariffs and limitations of liability.

DCI selects such providers with reasonable care and does not guarantee their performance.

17Electronic communications

The parties may transact by electronic means. Quotation requests, rate confirmations, tender instructions, acknowledgements, shipment documentation and notices sent by email or through DCI’s website have the same effect as if they were in writing and signed.

An electronic signature or an affirmative action taken online — accepting these Terms when submitting a request, for example — constitutes assent. DCI records the version of these Terms accepted, the time of acceptance, and the request or account to which the acceptance relates.

The Customer is responsible for maintaining accurate contact details and for the security of the accounts from which instructions to DCI are sent.

18Confidentiality and data

Each party will keep confidential the non-public commercial information of the other disclosed in connection with the services, and will use it only for the purpose of performing or receiving those services.

DCI may disclose shipment information to the carriers, customs brokers, warehouses and other providers engaged for a shipment to the extent necessary to perform the services, and to governmental authorities where required by law.

DCI does not publish customer identities, shipment positions, cargo values, commercial documents or driver details on its website or in its marketing. How DCI handles personal information is described in the Privacy Policy.

19Compliance with law

Each party will comply with the laws applicable to it in connection with the services, including transportation, customs, import and export, sanctions, anti-bribery and data protection laws.

The Customer warrants that the goods tendered, and the transaction underlying their movement, comply with applicable law, and that the Customer is not a party with whom dealing is prohibited under applicable sanctions.

DCI may decline or stop any shipment that it reasonably believes would cause either party to contravene applicable law.

20Governing law and general provisions

DCI Logistics LLC is organised and operates in the State of Texas, United States. These Terms are governed by the laws of the State of Texas and by applicable United States federal law, without regard to conflict-of-laws principles.

If any provision of these Terms is held unenforceable, the remainder continues in effect and the unenforceable provision is modified to the least extent necessary to make it enforceable.

A failure to enforce a provision is not a waiver of it. The Customer may not assign these Terms without DCI’s written consent. These Terms, together with any signed agreement and the applicable quotation or rate confirmation, constitute the entire agreement between the parties in respect of the services.

21Changes to these Terms

DCI may update these Terms. The version in force for a shipment is the version published at the time that shipment was tendered. The effective date, last updated date and version number appear at the head of this document.

Where DCI has recorded a Customer’s acceptance of a particular version, that record retains the version accepted, the time of acceptance and the request to which it relates.