Terms & Conditions (T&C) and Legal Disclaimers for Lion Eye Logistics
1. Disclaimer of Liability
Lion Eye Logistics is a Freight Dispatch Service Provider, NOT a Motor Carrier or Freight Broker.
A. Independent Contractor Status: Lion Eye Logistics acts solely as an independent administrative agent and representative for the Carrier. We do not take possession of, or responsibility for, the freight, cargo, or equipment at any time. The Carrier is responsible for all operations, maintenance, insurance, safety, and compliance with all applicable federal, state, and local laws, rules, and regulations (including but not limited to FMCSA, DOT, and OSHA).
B. No Liability for Loss or Damage: Lion Eye Logistics shall have NO FINANCIAL OR LEGAL RESPONSIBILITY for any claims, damages, losses, or liabilities arising from the transportation of freight, including but not limited to:
Cargo loss, damage, or shortage.
Equipment damage or maintenance issues.
Personal injury or death related to the Carrier's operations.
Fines, citations, or penalties incurred by the Carrier.
Delays in transit (beyond our commitment to securing timely appointments).
C. Financial Responsibility: All financial and contractual obligations related to the physical movement of freight, including billing and payment for completed loads, exist solely between the Carrier and the Broker/Shipper. Lion Eye Logistics is only responsible for collecting its agreed-upon service fee.
2. Service Scope and Carrier Responsibility
A. Scope of Services: Lion Eye Logistics' services are limited to finding available loads, negotiating rates, completing and transmitting necessary documentation (such as rate confirmations, W-9, and insurance certificates), and providing administrative support. We make no guarantee that a specific number of loads or a minimum revenue will be achieved.
B. Carrier Warranties: The Carrier warrants and represents that they possess all necessary licenses, operating authority (MC/DOT), insurance coverage (including cargo and liability), and qualified personnel required to legally and safely transport freight in interstate commerce. The Carrier shall provide valid, current copies of all such documentation to Lion Eye Logistics upon request.
C. Compliance: The Carrier is solely responsible for operating in compliance with all Federal Motor Carrier Safety Administration (FMCSA) regulations, Hours-of-Service (HOS) rules, and other applicable laws. Lion Eye Logistics assumes no liability for the Carrier’s non-compliance.
3. Payment and Refund Policy
A. Service Fees: The Carrier agrees to compensate Lion Eye Logistics with a non-exclusive commission of 5% of the Gross Load Revenue for every load booked and dispatched by our service.
B. Non-Contingent Payment: The payment of the commission fee to Lion Eye Logistics is NOT contingent upon the Carrier's timely collection of payment from the Broker or Shipper. The Carrier agrees to pay the Lion Eye Logistics invoice regardless of any outstanding payments owed to the Carrier.
C. No Refunds: Once a rate confirmation has been accepted by the Carrier, and the load is officially booked and dispatched, the deal is considered finalized. All commission fees associated with finalized and booked loads are strictly non-refundable.
4. Zero Tolerance for Lateness (Incorporating your policy)
A. On-Time Performance: Lion Eye Logistics prioritizes on-time pick-up and delivery. The Carrier agrees to adhere strictly to all scheduled appointment times.
B. Breach and Termination: Failure to provide immediate (at least 3 hours prior) notification of an unavoidable delay, or repeated instances of unexcused late arrivals, constitutes a material breach of this Agreement. Lion Eye Logistics reserves the right to immediately terminate this service agreement without penalty or further obligation upon such a breach.
5. Confidentiality and Data
A. Confidential Information: All operational details, including load rates, route information, broker contacts, and payment terms, are considered Confidential Information and shall be shared only between the Dispatcher, the Carrier, and the Broker directly involved in the transaction.
B. No Disclosure: Both parties agree to maintain the strict confidentiality of this information and shall not disclose it to any third party without prior written consent, except as required by law.
6. Termination and Governing Law
A. Termination: This Agreement is continuous unless terminated by either party. Either the Carrier or Lion Eye Logistics may terminate this agreement with 30 business days written notice via email or certified mail. Termination does not relieve the Carrier of the obligation to pay for services rendered up to the date of termination.
B. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws principles.