Effective Date: March 10, 2022
Stord Freight Terms
These Freight Terms and the General Terms apply to Stord Service Agreements in which Customer has elected to receive Freight Services from Stord. By executing the Service Agreement and/or accepting the Services, Stord and Customer agree to these Freight Terms and the General Terms. Capitalized terms not defined herein are defined in the General Terms.
Stord may from time to time change these Freight Terms. Any changes are effective immediately upon posting on Stord’s website at Stord.com/freight-terms.
“Carrier” means a motor carrier providing transportation as defined by 49 USC §13102(14), and, if applicable, draymen and/or railroad intermodal carriers. Stord is not a Carrier.
“Customer” in the context of Freight Services, is as defined in the General Terms, and is the Shipper as defined by 49 USC §13102(13). Customer warrants that it owns, possess, or otherwise has rights to transport the Freight it tenders to Carriers for Freight Services.
“Freight” means the merchandise or property that the Customer tenders to Stord for Freight Services.
“Freight Services” means arranging for third party motor carriers to provide transportation of Freight for Customers in accordance with Stord’s role as a Broker under 49 U.S.C. § 13102 (2) and 49 C.F.R. §371.2.
2. Overview. Freight Services are provided by Stord Freight LLC as “Stord.” Stord is a federally licensed Broker as defined by 49 U.S.C. “Carmack Amendment” §13102 (2) operating under FMCSA MC-747274-B. Stord only undertakes to arrange for the transportation of shipments on behalf of Customer from various origins and destinations throughout the United States. Freight Services are furnished by Carriers selected by Stord. Stord agrees to arrange Freight Services pursuant to the terms and conditions of the Agreement and in compliance in all material respects with all federal, state and local laws and regulations relating to Freight Services. As a freight broker, Stord does not take possession, custody, or control of any Freight.
3. Relationship of Parties.
Customer is not restricted from tendering freight to other brokers, freight forwarders, third-party logistics providers, or directly to motor carriers. Stord is not restricted from performing Freight Services for other parties. Customer shall be responsible to Stord for timely and accurate delivery specifications and description of the cargo, including, but not limited to, dimensions, weight, temperature, any special handling or security requirements, and employing reasonable security protocols to reduce the risk of cargo theft.
4. Stord’s Responsibilities. Stord has entered into agreements with each Carrier it engages to perform the Freight Services required by this Agreement. Those agreements will be negotiated between Stord and the Carrier and will be consistent with industry standards for this type of agreement, including, without limitation, requiring Carrier compliance with all applicable laws, defining Carrier’s responsibility for loss, damage, theft, and delay, and minimum levels and types of Carrier insurance.
5. Customer’s Responsibilities. Customer agrees to provide Stord the following for Freight Services: (i) the origin and destination addresses for the Freight shipment; (ii) the requested dates for pickup and drop-off of the Freight shipment; (iii) a description of the Freight being transported (including weight); and (iv) any specific equipment requirements or other information necessary for the safe and proper transportation of the Freight. Customer shall be responsible to review and accept or decline the Carrier’s trailer for cleanliness, odor, leaks, dirt, or other conditions that may be unacceptable to Customer. If a trailer or any equipment is unacceptable to Customer, it is Customer’s responsibility to refuse to load Freight into such trailer and contrat Stord for alternative transport. Customer will coordinate with Carrier to ensure there is adequate blocking, bracing, and packaging for the safe stowage of Freight.
6. Receipts and Bills of Lading. If requested by Customer, Stord agrees to provide Customer with proof of acceptance and delivery of shipments in the form of a signed Bill of Lading or Proof of Delivery electronically or by email. Customer’s insertion of Stord’s name on the bill of lading shall be for Customer convenience only and shall not change Stord’s status as a property broker. The terms and conditions of any freight documentation used by Stord or a Carrier selected by Stord may not supplement, alter, or modify the terms of this Agreement.
7. Payments. Stord shall invoice Customer for its Freight Services in accordance with the Agreement. For each shipment for Freight Services, Customer will pay to Stord the freight charge quoted or otherwise agreed upon by the Parties, plus any additional charges Customer may incur related to the shipment. Customers agree Freight Service quotes for a specific transport may be increased or decreased at any time without notice unless and until accepted by Customer and the transport is formally booked by Stord. Except as agreed upon in writing by the Parties, any accepted or quoted Freight charges shall not apply to any future shipments due to the variable nature of Freight Services and changing market conditions.
8.1 Carrier’s liability for lost, destroyed damaged or delayed cargo in interstate and international transit generally is defined by the Carmack Amendment and by comparable state common law for intrastate transit. Customer must file claims for cargo loss or damage within nine months from the date of such loss, shortage or damage, which for purposes of the Agreement shall be the delivery date of the Freight, or, in the event of non-delivery, the scheduled delivery date of Freight. Customer must file any civil action against Stord within two (2) years from the date the Carrier or Stord provides written notice to Customer that the Carrier has disallowed any part of the claim in the notice.
8.2 It is understood and agreed that the Stord is not a Carrier as defined under the Carmack Amendment and that Stord shall not be held liable for loss, damage, or delay in the transportation of Customer's property, unless proximately caused by Stord’s negligent acts or omissions in the performance of this Agreement. Stord will assist Customer in the filing and/or processing of claims with the Carrier as set forth in the Carmack Amendment; provided, however, Customer understands that, notwithstanding Stord’s participation in or assistance with any Freight claim, Stord is not liable for any Freight claim that was not proximately caused by Stord’s negligence.
8.3. Concealed damage or shortage is defined as damage or shortage that is not discovered, or could not be discovered, until after the Carrier has completed delivery of the Goods. Concealed damage claims for damage, shortage, or loss must be reported to Stord within five (5) days from the date of delivery of the Goods. After five (5) days, it is Customer’s responsibility to offer reasonable evidence to Stord that damage, shortage, or loss was not caused by Customer after delivery of the relevant Goods by the Carrier; if such reasonable evidence is not offered, the claim will be denied.
8.4 In no event shall Stord or Stord’s contracted Carrier be liable to Customer for special, incidental, or consequential damages that relate to loss, damage, or delay to a shipment.
8.5. Excluding freight claims, the parties shall notify each other of all known material details of claims within sixty (60) days of receiving notice of any claims other than cargo loss or damage claims and shall update each other promptly thereafter as more information becomes available. Civil actions, or arbitration, if any, shall be commenced within 2 years from the date either Party provides written notice to the other Party of such a claim.
9. Non-Solicitation. During the Term of this Agreement, and for a period of one (1) year from its termination, Customer shall neither initiate nor accept any direct Freight Services with any Carrier to which Customer was first introduced by Stord. If Customer violates this non-solicitation, Customer shall be jointly and severally liable with the Carrier to Stord for each such violation in an amount equal to ten percent (10%) of all revenues invoiced by Carrier to Customer, not to exceed $200 USD per shipment between Carrier and Customer.
10. Insurance. Stord agrees to maintain at least the following insurance coverage amounts: (i) General Liability: $1,000,000; (ii) Auto Liability: $1,000,000; (iii) and Contingent Cargo Liability: $100,000. Customer may request Stord to add insurance coverage amounts that exceed these limits, which Stord may procure in its sole discretion. Customer is solely responsible for obtaining any first-party insurance to cover any anticipated losses of Freight. Upon Customer’s written request, Stord shall submit to Customer a certificate of insurance as evidence of such coverage and which names Customer as “Certificate Holder.” Stord’s maximum liability to Customer for any loss shall be limited to Stord’s insurance policy terms and conditions and the dollar amounts for coverage listed herein. Stord’s contingent cargo insurance is subject to the terms, conditions, and certain limitations and/or exclusions as contained in the policy, and the terms, conditions, and requirements as outlined within this Agreement. The existence of Stord’s contingent cargo insurance in no way changes or places any legal or contractual liability on Stord, nor does it exonerate the Carrier’s duties and liabilities under the 49 USC §14706 or this Agreement.
11. Surety Bond. Stord shall maintain a surety bond or trust fund agreement as required by the Federal Motor Carrier Safety Administration “FMCSA” in the amount of $75,000 or as otherwise required by the FMCSA. Stord will furnish Customer with proof of such coverage upon request.
12. Hazardous Materials. Customer shall comply with all applicable laws and regulations relating to the transportation of hazardous materials as defined in 49 CFR §172.800, §173, and § 397 et seq. to the extent that any shipments constitute hazardous materials. Customer is obligated to inform Stord immediately if any such shipments constitute hazardous materials. Customer shall defend, indemnify, and hold Stord harmless from any penalties or liability of any kind, including reasonable attorney fees, arising out of Customer’s failure to comply with applicable hazardous materials laws and regulations.
13. Homeland Security. As applicable to each, respectively, Stord and Customer shall comply with federal, state and local Homeland Security related laws and regulations.
14. Termination. In the event of termination as set forth in the Agreement, Customer shall be responsible to pay Stord for any Freight Services performed prior to the termination of this Agreement, including shipments scheduled and in transit on the date of termination, if ultimately delivered and invoiced to Customer in accordance with this Agreement.
15. No Liability for the Selection or Services of Third Parties and/or Route. Customer expressly agrees that, in the performance Freight Services, Stord shall retain, select and/or subcontract the transportation and related Freight Services required by Customer to Carriers that are duly authorized to transport such shipments pursuant to all applicable regulatory authority. Customer further agrees that the selected Carriers are independent contractors with the exclusive control over their respective drivers and employees, and are not agents, employees or authorized representatives of Stord, its agents or Affiliates. Stord shall use reasonable care in its selection of Carrier, or in selecting the means, route and procedure to be followed in the handling, transportation, and delivery of each Freight shipment.
16. Indemnification. Subject to the Agreement, Customer shall indemnify, defend, and hold Stord harmless against any Losses, arising out of or resulting from any Claim of a third Party arising out of Customer’s Freight shipments.
General Inquiries: Please contact Stord at firstname.lastname@example.org if any questions arise.
Operational Failures: Customer responsibilities include reporting operational failures, incidents, problems, concerns, and complaints to: email@example.com
HR Complaints: Complaints about Stord employees for code of conduct and/or performance issues should be reported to: firstname.lastname@example.org
Software Services Support: email@example.com
Privacy Questions and Concerns: Privacy@stord.com