TERMS AND cONDITIONS
These Terms and Conditions of Service (“Terms”) govern all services provided by Warrior Trucking (“Warrior,” “we,” “us”) to any customer (“Customer”) in connection with the arrangement of transportation services.
By requesting services from Warrior Trucking, including but not limited to requesting quotes, booking shipments, issuing rate confirmations, or tendering freight, Customer agrees to be bound by these Terms.
1. Role of Warrior Trucking – Broker Only
Warrior Trucking is a licensed property broker authorized by the Federal Motor Carrier Safety Administration (FMCSA). Warrior Trucking does not operate as a motor carrier, freight forwarder, or shipper unless expressly agreed in writing.
Warrior Trucking’s services are strictly limited to arranging transportation of freight through third-party motor carriers. Warrior Trucking does not take possession, custody, or control of cargo at any time.
2. No Cargo Liability
Customer acknowledges and agrees that Warrior Trucking does not assume liability for loss, damage, theft, delay, or destruction of cargo, including but not limited to losses arising from:
•Theft or hijacking
•Fraud or identity theft
•Impersonation of motor carriers
•Acts or omissions of third-party motor carriers
All claims for cargo loss or damage must be pursued directly against the motor carrier performing the transportation and/or its insurer.
3. Limitation of Liability
To the fullest extent permitted by law, any liability of Warrior Trucking, for any cause whatsoever and under any legal theory, shall be strictly limited to USD $50 per shipment.
In no event shall Warrior Trucking be liable for:
•Loss of profits
•Business interruption
•Consequential, incidental, indirect, special, or punitive damages
even if Warrior Trucking has been advised of the possibility of such damages.
4. Federal Law and Preemption
Customer acknowledges that, under federal law including the Carmack Amendment (49 U.S.C. §14706) and the Federal Aviation Administration Authorization Act (49 U.S.C. §14501), property brokers are not liable for cargo loss or damage unless such liability is expressly assumed in writing.
Warrior Trucking does not expressly assume such liability.
5. Carrier Selection and Insurance
Warrior Trucking may, as a service to Customer, verify that motor carriers present certificates of insurance. However, Warrior Trucking does not guarantee the validity, enforceability, or continued existence of such insurance, and shall not be responsible for any carrier’s failure to maintain coverage or for exclusions within any policy.
6. Claims Procedure
Any claim relating to Warrior Trucking’s services must be submitted in writing within 30 days of the event giving rise to the claim. Failure to provide timely notice shall constitute a waiver of the claim.
7. Governing Law and Venue
These Terms shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to conflict-of-law principles. Any dispute shall be brought exclusively in a court of competent jurisdiction located in Illinois.
8. Entire Agreement
These Terms constitute the entire agreement regarding Warrior Trucking’s brokerage services and supersede any prior oral or written understandings, except where expressly agreed in writing.