Freight Brokerage Terms & Conditions

Version 1.0 · Effective July 23, 2026 · Permanent archive URL

DocumentFreight Brokerage Terms & Conditions
Version1.0
EffectiveJuly 23, 2026
StatusArchived version

These Terms & Conditions (these “Terms”) apply to all transportation and logistics services arranged by HOP Logistics LLC, a Texas limited liability company operating as a licensed property broker under MC 1535817 (“HOP”), for any party tendering freight or requesting services (“Customer”). You are viewing the permanent archive URL for Version 1.0. The current version always lives at /freight-terms/.

1. Applicability; Order of Precedence

By tendering a shipment to HOP, requesting a quote, or accepting a rate confirmation, Customer accepts these Terms. These Terms are HOP’s standard terms of service: they apply to every Customer and every shipment, and are incorporated by reference into every quote, rate confirmation, rate card, and service agreement issued by HOP, unless and only to the extent superseded by a master agreement signed by both parties. If a conflict exists, the order of precedence is: (a) a written master agreement signed by both parties; (b) the shipment-specific rate confirmation; (c) these Terms. Terms preprinted on any bill of lading, purchase order, or other Customer document do not bind HOP and are expressly rejected.

2. HOP’s Status as a Property Broker

HOP is a property broker as defined in 49 U.S.C. § 13102(2). HOP arranges for the transportation of freight by third-party motor carriers, railroads, and other providers (“Carriers”), each of which is an independent contractor and not an agent or employee of HOP. HOP is not a motor carrier, does not take possession, custody, or control of freight, and does not itself transport freight under these Terms. Services may span drayage, full truckload, less-than-truckload (“LTL”), rail intermodal, expedited, managed transportation, cross-border, and final-mile modes.

HOP also arranges warehousing, transloading, cross-docking, yard services, and other logistics services through qualified third-party providers, as well as any other logistics service Customer requests HOP to arrange and HOP accepts in writing (collectively with transportation, the “Services”). All Services are performed by independent providers — warehousemen, transload operators, and Carriers — and not by HOP, and these Terms apply to HOP’s arrangement of every such Service.

3. Quotes, Rate Confirmations & Accessorial Charges

Quotes are estimates based on information supplied by Customer and remain subject to change until confirmed in a rate confirmation. Rates are conditioned on the accuracy of the shipment characteristics provided — including weight, dimensions, piece count, commodity, freight class, accessibility of pickup and delivery locations, and required services.

  1. Additional services or conditions not reflected in the quote — including without limitation detention, layover, driver assist, liftgate, limited access, residential delivery, reconsignment, storage, chassis usage, chassis splits, port congestion, demurrage, and per-diem — will be invoiced as accessorial charges at the rates in the applicable rate confirmation or, if not stated, at prevailing market rates or the Carrier’s tariff rate. The same applies to any other service or charge reasonably required to complete transportation of the shipment safely and in compliance with applicable laws, regulations, and safety requirements — including, for example, reweighing, load rework or rebalancing, permits, and escorts — other than charges arising solely from a Carrier’s own violation of law.
  2. LTL shipments are subject to reweigh and reclassification by the Carrier under applicable NMFC rules; corrected charges resulting from inaccurate declared weight, dimensions, or class are Customer’s responsibility.
  3. Fuel surcharges float with published indexes unless fixed in writing.

4. Credit, Invoicing & Payment

  1. All services are subject to prior credit approval by HOP. HOP may require prepayment or deposit pending approval and may adjust or revoke credit at its discretion.
  2. Invoices are due net thirty (30) days from invoice date, without deduction or offset of any kind, including for pending cargo claims.
  3. Past-due balances accrue a late charge of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less, plus reasonable costs of collection, including attorneys’ fees.
  4. HOP may suspend services, withhold tender of new shipments, and revoke credit terms upon any delinquency, without liability for resulting delay or non-performance.
  5. Customer’s payment obligation runs to HOP and is not conditioned on HOP’s payment to any Carrier or on Customer’s receipt of payment from any third party.

5. Customer Responsibilities

  1. Customer warrants the accuracy and completeness of all shipment information tendered, including commodity description, weight, dimensions, count, value, and any special handling requirements. This warranty applies equally to Goods and documentation tendered for warehousing, transload, or storage services.
  2. Customer is responsible for proper packaging, marking, and labeling suitable for the mode of transport, and — where Customer or its shipper loads the equipment — for safe loading, blocking, bracing, and count.
  3. Customer shall comply with all applicable laws and regulations concerning its freight, including customs, export control, food-safety, and weight regulations, and warrants that shipments contain no undisclosed hazardous materials.
  4. Where a seal is applied, Customer’s shipper is responsible for recording the seal number on the bill of lading.

6. Hazardous Materials

Freight regulated as hazardous under 49 C.F.R. Parts 100–185 may be tendered only with HOP’s prior written acceptance and with full, accurate disclosure and compliant documentation, packaging, marking, and placarding. For warehousing, transload, or storage services, hazardous materials are accepted only where the performing provider has also expressly accepted them in writing; many warehouse providers do not accept hazardous materials at all. Customer is solely liable for all consequences of undisclosed or misdeclared hazardous materials, and shall indemnify HOP and the affected provider against all resulting claims, fines, and costs.

7. Bills of Lading & Shipping Documents

A bill of lading functions as a receipt for the freight only. No term on any bill of lading, delivery receipt, or Carrier tariff enlarges HOP’s obligations or alters these Terms. The listing of HOP on a bill of lading as “carrier” or otherwise is for operational convenience only and does not alter HOP’s status as a property broker under Section 2.

8. Cargo Claims

  1. Claims for loss of or damage to cargo lie against the Carrier in possession of the freight. For interstate motor-carrier shipments, such claims are governed by 49 U.S.C. § 14706 (the “Carmack Amendment”) and 49 C.F.R. Part 370.
  2. HOP will, as a courtesy and without assuming Carrier liability, assist Customer in preparing, filing, and pursuing cargo claims against Carriers. HOP’s standard carrier agreements require Carriers to pay, decline, or make a written settlement offer on a cargo claim within sixty (60) days of receipt.
  3. Claims must be filed in writing within nine (9) months of delivery (or, for non-delivery, within nine months of the date delivery should have occurred). Suit must be commenced within two (2) years of a claim’s denial. Shorter windows in a Carrier’s lawfully applicable tariff may control for that Carrier.
  4. Concealed loss or damage should be reported to HOP promptly upon discovery and in all events within five (5) business days of delivery; later discovery may materially impair claim recovery.
  5. LTL limitation of liability: LTL Carriers limit their liability by released value under NMFC classification and their tariffs — frequently to amounts substantially below invoice value (for example, per-pound limits). Customer is responsible for reviewing applicable limits and declaring excess value or securing shipper’s-interest cargo insurance where the freight’s value warrants it. HOP can arrange quotes for such coverage on request.
  6. Receipt of freight without written exception on the delivery receipt constitutes prima facie evidence of delivery in good condition.
  7. Freight charges remain due and payable in full notwithstanding any pending or disputed claim, and may not be offset against claim amounts.
  8. Warehousing & transload claims: claims for loss or damage occurring during warehousing, transloading, cross-docking, or storage lie against the provider performing the service, are governed by that provider’s warehouse receipt, storage terms, or service agreement and applicable law (including U.C.C. Article 7 where it applies), and are not governed by the Carmack Amendment. HOP will assist Customer in pursuing such claims on the same basis as Section 8(b).
  9. Warehouse provider limitations: third-party warehousemen and transload operators customarily limit their liability under their warehouse receipts and storage terms — often to per-pound or per-piece amounts, with shrinkage allowances, substantially below the value of stored Goods — and stored Goods may be subject to the provider’s statutory or contractual lien for unpaid charges. Neither the provider’s insurance nor HOP’s insures Customer’s stored Goods. Customer is responsible for reviewing the applicable provider terms and for insuring stored Goods or declaring excess value where the provider offers it; HOP can arrange quotes for such coverage on request.

9. Limitation of HOP’s Liability

  1. HOP is not liable for loss of, damage to, or delay of cargo, all of which are the responsibility of the Carrier in possession, except to the extent caused by HOP’s own negligence or willful misconduct in the performance of its brokerage services.
  2. Where HOP is found directly liable under Section 9(a), HOP’s aggregate liability for any one shipment shall not exceed the lesser of (i) the actual value of the lost or damaged cargo, or (ii) $100,000 per occurrence — unless, prior to tender, Customer declares a higher value in writing and HOP expressly accepts it in writing for that shipment (including where shipment-specific excess coverage is procured by Customer or arranged by HOP), in which case the accepted declared value governs.
  3. In no event shall HOP be liable for consequential, incidental, indirect, special, exemplary, or punitive damages, including lost profits, lost sales, or plant-shutdown costs, regardless of whether HOP had notice of their possibility.
  4. Transit times are estimates. HOP does not guarantee pickup, transit, or delivery dates or times unless expressly guaranteed in a signed writing, and assumes no liability for delay.

10. Carrier Qualification & Insurance

  1. HOP qualifies Carriers before tender, verifying operating authority, safety registration, and insurance meeting HOP’s minimum requirements under its standard carrier agreement: commercial general liability of at least $1,000,000; automobile liability of at least $1,000,000 (including hired and non-owned vehicles; $2,000,000 where hazardous materials are transported); cargo coverage of at least $100,000; and workers’ compensation as required by law.
  2. HOP maintains contingent cargo coverage of $250,000 per occurrence and contingent auto liability coverage of $2,000,000 combined single limit applicable to its brokerage operations. Such coverage is maintained for HOP’s protection, is subject to its policy terms, and is not a guarantee of recovery to Customer.

11. Cross-Border Shipments

For shipments to, from, or through Mexico or Canada, Customer is the importer/exporter of record unless otherwise agreed in writing and is responsible for customs clearance, brokerage, duties, taxes, and complete, accurate documentation. HOP arranges transportation only and does not act as a customs broker. Customer acknowledges that liability regimes applicable to foreign-domiciled Carriers, including Mexican carriers, differ materially from U.S. law and may provide substantially lower recovery; shipper’s-interest cargo insurance is strongly recommended for cross-border moves.

12. Force Majeure

Neither party is liable for failure or delay in performance caused by events beyond its reasonable control, including natural disasters, severe weather, fire, labor disputes, port or terminal closures or congestion, embargoes, governmental action, war, terrorism, cyber events affecting third-party systems, or Carrier equipment failure, provided the affected party gives prompt notice and uses reasonable efforts to mitigate. Payment obligations for services already rendered are not excused.

13. Indemnification

Customer shall defend, indemnify, and hold harmless HOP, its members, officers, and employees from and against all claims, liabilities, fines, and costs (including reasonable attorneys’ fees) arising out of (a) inaccurate or incomplete shipment information supplied by Customer; (b) Customer’s or its shipper’s loading, packaging, or securement of freight; (c) undisclosed or misdeclared hazardous materials; or (d) Customer’s violation of applicable law. HOP shall defend, indemnify, and hold harmless Customer from claims to the extent caused by HOP’s own negligence or willful misconduct in performing its brokerage services.

14. Governing Law; Venue

These Terms and all disputes arising out of or relating to services arranged by HOP are governed by the laws of the State of Texas and applicable federal transportation law, without regard to conflict-of-laws principles. Exclusive venue for any action lies in the state or federal courts sitting in Tarrant County, Texas, and the parties consent to personal jurisdiction there. The prevailing party in any action to collect unpaid freight charges is entitled to recover its reasonable attorneys’ fees and costs.

15. General Provisions

  1. Amendment & versioning. HOP may amend these Terms prospectively by publishing a new version at hop3pl.com/freight-terms/ with a new version number and effective date. The version in effect on the date a shipment is tendered governs that shipment. Prior versions remain archived and accessible at stable URLs.
  2. Severability. If any provision is held unenforceable, the remainder continues in full force, and the provision is reformed to the minimum extent necessary.
  3. No waiver. HOP’s failure to enforce any provision is not a waiver of future enforcement.
  4. Assignment. Customer may not assign its rights or obligations without HOP’s written consent.
  5. Notices. Legal notices to HOP shall be sent to HOP Logistics LLC, 640 Taylor St, Suite 1200, Fort Worth, TX 76102, with a copy to sales@hop3pl.com.
  6. Entire agreement. Subject to the order of precedence in Section 1, these Terms constitute the entire agreement between the parties concerning their subject matter.

Version 1.0 · Effective July 23, 2026 · Initial published version. Permanent archive of this version: hop3pl.com/freight-terms/v1-0/