Effective Date: April 28, 2026
These Brokerage Terms & Conditions (“Agreement”) govern the relationship between Skyline Transportation, a licensed property broker (“Broker”), and the customer requesting transportation services (“Shipper”). By tendering freight to Broker or accepting a load confirmation, Shipper agrees to these terms.
1. Broker Status
Broker arranges for the transportation of property by FMCSA-authorized motor carriers. Broker is not a motor carrier, freight forwarder, or warehouseman. Broker maintains a $75,000 BMC-84 surety bond as required by 49 U.S.C. §13906.
2. Rates & Charges
Rates are confirmed in writing per shipment via load confirmation. Accessorial charges (detention, layover, lumper, redelivery, TONU, fuel surcharges) apply per the load confirmation or industry-standard rates.
3. Payment Terms
Net 30 days from receipt of invoice and signed proof of delivery, unless otherwise agreed in writing. Past-due balances accrue interest at 1.5% per month or the maximum rate permitted by law.
4. Carrier Selection
Broker selects motor carriers with active FMCSA operating authority, satisfactory CSA scores, and minimum required cargo and auto-liability insurance ($1,000,000 auto liability, $100,000 cargo unless higher amounts are specified).
5. Cargo Claims
Cargo loss or damage claims are governed by the Carmack Amendment (49 U.S.C. §14706). Claims must be filed in writing with the motor carrier within nine (9) months of delivery. Broker will reasonably assist in claim resolution but is not the carrier of record.
6. Shipper Responsibilities
Shipper warrants that freight descriptions, weights, dimensions, and hazmat classifications are accurate. Shipper is responsible for proper loading, blocking, bracing, sealing, and any required permits.
7. Limitation of Liability
Broker’s total liability for any claim arising from this Agreement is limited to the gross transportation charges for the shipment giving rise to the claim. Broker shall not be liable for special, indirect, incidental, or consequential damages.
8. Indemnification
Each party shall indemnify the other against claims arising from its own negligence or breach of this Agreement.
9. Confidentiality
Rates, customer lists, carrier lists, and other commercial terms are confidential and may not be disclosed to third parties.
10. No Back-Solicitation / Carrier-Shipper Direct Contact
Motor carriers engaged by Broker shall not directly solicit or transport freight for Broker’s customers for a period of twelve (12) months after the last shipment arranged by Broker. Violation triggers a commission equal to 30% of revenue collected from such direct shipments.
11. Force Majeure
Neither party is liable for delays caused by acts of God, weather, government action, labor disputes, or other events beyond reasonable control.
12. Governing Law & Venue
This Agreement is governed by California law and federal transportation law. Venue lies in Fresno County, California.
13. Entire Agreement
This Agreement, together with any signed load confirmations, constitutes the entire agreement and supersedes prior negotiations.