Cox Transportation & Logistics
Standard Terms & Conditions of Service
Effective Date: 05/15/2023
1. Introduction
These Terms & Conditions govern all transportation services provided by Cox Transportation & Logistics (“Company”). By engaging our services, Shipper (the entity requesting transportation) and Consignee (the recipient of the freight) agree to these terms.
1. General Terms
1.1. Definitions
– “Shipper” includes any party requesting transportation services, including consignor, consignee, broker, forwarder, or agent.
– “Consignee” means the party to whom freight is delivered.
– “Company” refers to Cox Transportation & Logistics and its affiliates, employees, and contractors.
1.2 Applicability
These Terms apply to all shipments managed by the Company, regardless of origin, destination, or type of service. Conflicting terms in other documents shall not override these Terms unless expressly agreed in writing by an officer of the Company.
1.3 Modification
Company reserves the right to amend these Terms at any time without prior notice. The current version will be posted on the Company website or provided upon request.
1.4 Bills of Lading
Company-issued Bills of Lading are receipts only. Company drivers are not authorized to amend or accept third-party terms. These Terms govern regardless of documents used by the Shipper.
2. Shipment Terms
2.1. Compliance with Laws
The Shipper must provide accurate documentation to ensure compliance with all federal, state, and international transportation laws.
2.2. Special Permits
If an over-size or overweight shipment requires special permits, the Shipper must either obtain them or request that the Company secure them (at the Shipper’s expense).
2.3. Equipment Use & Charges
• The use of steamship line or third-party equipment (e.g., containers, chassis) is subject to third-party terms.
• The Shipper is responsible for all charges, including per diem, maintenance, and administrative fees.
2.4. Loading & Unloading
• Shipper Load & Count (SLC): The Shipper is responsible for loading the freight. The Company is not liable for shortages or damages unless the driver directly observes loading.
• Sealed Shipments: The Company is not liable for concealed damage to crated or sealed shipments.
2.5. Weight & Dimension Accuracy
• The Shipper must provide accurate weight and dimensions.
• If discrepancies arise, the Shipper is responsible for fines, permit fees, or penalties.
2.6. Detention, Layover, and Attempted Pickup
- Charges for detention, layover, and attempted pickup (TONU) are assessed per the current Rate Schedule (Appendix A).
- Attempted pickup applies if load is canceled or unavailable 30 minutes after dispatch.
- Detention is billed after 2 hours and may apply even if load is later canceled.
- If the Consignee refuses delivery, the Shipper is responsible for the return freight charges and any additional costs.
2.7. Reconsignment / Diversion
Requests to change delivery after dispatch will be charged per Appendix A. Reconsignments exceeding 75 miles incur an additional disruption fee. Requests must be made in writing and approved by the Company.
2.8. Packaging and Seals
Shipper is responsible for proper packaging. Company is not liable for damage to improperly packed or sealed freight. Sealed shipments are delivered as-is.
2.9. Hazardous Materials
Shipper must comply with all DOT Hazmat regulations and provide proper documentation and placards. Cleanup and penalties resulting from noncompliance are the Shipper’s responsibility.
2.10. Refused Shipments and Overages
Shipper is responsible for charges related to rejected freight or overages. The Company may salvage or dispose of unclaimed freight after notice.
3. Liability & Exclusions
3.1. Cargo Liability
• Maximum liability per shipment: $100,000 (unless increased liability is requested in writing and approved by the Company).
• The Company’s liability is limited to the lesser of:
1. The actual cargo value minus salvage.
2. The liability limits set in these Terms & Conditions.
• Concealed Damage: The Company is not liable for damages discovered after delivery unless reported within 7 days.
3.2. No Liability for Special or Consequential Damages
The Company is not liable for:
• Lost profits, business interruptions, or indirect damages.
• Penalties imposed by the Shipper’s customer.
• Delays caused by factors beyond our control (e.g., weather, mechanical failures, strikes).
3.3. Inadvertent Acceptance
If higher-value freight is accepted without written agreement, it is deemed released at $100,000.
3.4. Exclusions
Company is not liable for:
– Special, incidental, or consequential damages
– Acts of the Shipper, Consignee, or third parties
– Force majeure events (e.g., weather, strikes, road hazards, delays beyond control)
– Perishable goods or concealed damage
– Commodities excluded without written consent (e.g., copper, currency, firearms)
3.5. Post-Delivery Responsibility
Company is not liable for goods, equipment, or containers after delivery is completed.
4. Claims & Dispute Resolution
4.1. Cargo Claims
• Claims for loss or damage must be filed within 30 days of delivery.
• All claims are waived if a civil suit is not filed within 2 years from the date of denial.
• Claimants may not offset claims against freight charges.
4.2. Salvage Rights
If a shipment is rejected or damaged, the Company reserves the right to sell or dispose of the cargo and deduct salvage value from any claims.
4.3. Venue & Jurisdiction
• These Terms are governed by the laws of Texas.
• Any disputes must be filed in Fort Bend County or Harris County, Texas.
4.4. Setoffs Not Permitted
Shippers may not offset cargo claims against freight invoices. Unauthorized deductions result in claim forfeiture.
4.5. Customs & Regulatory Compliance
Shipper is responsible for all customs documentation and penalties resulting from noncompliance
5. Rates, Charges & Collections
5.1. Accessorial Charges
Accessorial fees are billed per the current Rate Schedule (Appendix A), which is incorporated by reference.
5.2. Invoicing
Company will issue invoices that reflect the agreed transportation rate plus all applicable charges related to the shipment, including but not limited to: detention, layover, fuel surcharge, storage fees, attempted delivery, reconsignment, and any fees required to recover or release freight (e.g., storage or release fees from third-party facilities).
Shipper agrees to pay the full invoiced amount in accordance with the payment terms set forth herein.
5.3. Payment Terms
Invoices are due within 30 days. Late payments are subject to 1.5% interest per month or maximum lawful rate. Legal and collection costs are recoverable.
• If a third party fails to pay, the Shipper and Consignee remain liable.
• Section 7 of the bill of lading does not waive recourse.
• The Company does not employ brokers or intermediaries as collection agents.
5.4 Lien Rights
Company retains a lien on all freight in its possession for unpaid charges and may sell goods to recover balances under Texas UCC.7.
6. Legal Terms & Jurisdiction
6.1. Governing Law & Venue
This Agreement is governed by Texas law. Jurisdiction and venue lie exclusively in Montgomery County or Harris County, Texas.
6.2. Entire Agreement
These Terms, together with the applicable Bill of Lading and Appendix A, constitute the full agreement between the parties. Modifications require written approval by an officer of the Company.
For questions regarding these Terms & Conditions, contact:
Cox Transportation & Logistics
📍 Houston, TX
📞 (832) 840-2760
📧 Hr@CoxTNL.com
🌐 www.CoxTNL.com
Final Notes
This document outlines the standard terms of service for Cox Transportation & Logistics. The Shipper and Consignee acknowledge and agree to abide by these Terms & Conditions when engaging our services.