HYL Logistics LLC (“HYL” or the “BROKER”)
These Terms and Conditions (“Terms”) govern all transactions and communications
between HYL Logistics LLC, acting solely as a licensed property broker, and any
Customer/Shipper (“SHIPPER”) who requests or receives transportation services
arranged by HYL, whether via website, email, phone, or any other means.
By requesting transportation services or using this website, the SHIPPER agrees to these
Terms in full. If a written contract exists between the parties, that agreement will prevail in
case of conflict.
1. Role of the Parties
1. 2. HYL acts as a property broker under 49 U.S.C. §13102(2). HYL arranges
transportation with authorized motor carriers, but does not assume possession,
control, or custody of freight.
The SHIPPER warrants it has the right and authority to tender freight and to bind
the cargo owner to these Terms and any underlying carrier rules.
2. Broker Responsibilities
1. 2. 3. 4. HYL maintains an active FMCSA broker authority and will arrange transportation
only with properly licensed and insured carriers.
HYL does not act as a carrier and bears no direct liability for cargo loss, damage,
or delay.
HYL pays carriers directly and invoices the SHIPPER for the full freight rate agreed
upon in the rate confirmation or quote. Carriers contracted by HYL shall not
invoice the SHIPPER or consignee directly when HYL controls payment.
HYL’s duty is limited to arranging transportation; it makes no guarantees
regarding the adequacy of the carrier’s insurance or the performance of any carrier.
3. Shipper Responsibilities
1. 2. 3. The SHIPPER must provide accurate load information, including commodity
description, weight, dimensions, loading requirements, pickup/delivery addresses,
and contact details.
Incorrect or incomplete information may result in rate adjustments or cancellation
fees. Cancellation fees equal the greater of $250 or 10% of the agreed freight
charge.
Payment Terms: Unless otherwise agreed, invoices are Net 15 days. Overdue
balances incur a 15% administrative fee plus 1.5% per month interest (18%
4. 5. annually) and all collection costs, including reasonable attorney fees. Credit card
payments may include a 3.5% processing fee.
The SHIPPER is responsible for all accessorial charges, including detention,
layovers, reconsignments, escort fees, permits, scale tickets, re-delivery, and any
other related costs.
Overcharge or duplicate-billing claims must be filed in compliance with 49 CFR
Part 378.
4. Rates and Rules
Each shipment is governed by a Rate Confirmation issued by HYL. The SHIPPER should
verify the carrier’s governing tariffs and liability limitations, as HYL’s role is limited to
arranging the agreed service and rate.
5. Invoicing and Electronic Communication
Invoices, confirmations, and supporting documents may be transmitted electronically. The
SHIPPER consents to receive all communications and billing documents in digital form.
6. Broker Liability
1. 2. 3. HYL is not liable for cargo loss, damage, or delay; such claims must be directed
to the carrier in accordance with the Carmack Amendment (49 U.S.C. §14706).
HYL’s total liability for any claim, whether contractual, tortious, or otherwise, is
limited to $50 per shipment.
Assistance provided by HYL in the claims process does not constitute acceptance of
liability.
7. Documentation
1. 2. 3. Bills of Lading (BOL), Proofs of Delivery (POD), and other shipping documents
are the responsibility of the SHIPPER and carrier.
Listing HYL as “carrier” on a BOL is for informational purposes only and does
not alter HYL’s status as a broker.
If there is any inconsistency between these Terms and other documents, these
Terms prevail.
8. Indemnification
The SHIPPER agrees to defend, indemnify, and hold harmless HYL, its affiliates,
officers, employees, and agents from any claims, losses, or expenses arising from:
• Improper or unsafe loading, packaging, or securing of cargo;
• Misdescription or nondisclosure of hazardous materials;
• Negligent acts or omissions by the SHIPPER or its agents.
Each party remains responsible for its own negligence.
9. Hazardous Materials
The SHIPPER shall comply with all 49 CFR §§172.800–173.500 regulations and will not
tender hazardous materials unless expressly authorized in writing by HYL. Any
unauthorized hazardous tender must be reported immediately.
10. Force Majeure
Neither party shall be liable for delay or failure caused by circumstances beyond reasonable
control, including acts of God, natural disasters, strikes, war, or governmental actions. The
affected party must notify the other as soon as possible.
11. Carrier Insurance
1. 2. 3. HYL requires carriers to maintain, at a minimum:
o Cargo Liability: $100,000 per occurrence
o Automobile Liability: $1,000,000 per occurrence
o General Liability: $1,000,000 per occurrence
HYL does not guarantee the carrier’s insurance coverage, exclusions, or claim
payment.
The SHIPPER is responsible for requesting additional insurance or declaring a
higher cargo value if desired.
12. Cargo Claims (Carmack)
1. 2. The SHIPPER must notify HYL and the carrier of any loss or damage within 48
hours of delivery and submit a written claim within 20 days.
Formal claims against the carrier must be filed within nine (9) months of the
delivery date (or the scheduled delivery date if undelivered), as required by 49 CFR
Part 370.
3. HYL may assist with documentation but assumes no liability for claims.
13. Confidentiality and Non-Solicitation
1. 2. Both parties agree to keep all pricing, terms, and operational data confidential,
except when disclosure is required by law or court order.
The SHIPPER agrees not to solicit or directly contract any motor carrier
introduced by HYL during the term of service and for twelve (12) months
thereafter, unless HYL provides written consent.
14. No Third-Party Beneficiaries
These Terms are for the benefit of HYL and the SHIPPER only. No other person or entity
has rights under this Agreement.
15. Non-Waiver
Failure by either party to enforce any provision of these Terms shall not constitute a waiver
of that provision or the right to enforce it in the future.
16. Governing Law and Venue
1. 2. 3. These Terms shall be governed by U.S. federal law (including 49 U.S.C. §14706 –
Carmack Amendment), and, where not preempted, by the laws of the State of
Louisiana, without regard to conflict-of-law principles.
Exclusive venue and jurisdiction shall lie in the Parish of East Baton Rouge,
Louisiana, or, if applicable, in the U.S. District Court for the Middle District of
Louisiana.
The prevailing party in any dispute shall be entitled to recover reasonable
attorney’s fees and court costs.
17. Severability
If any provision of these Terms is deemed invalid or unenforceable, the remainder shall
remain in full force and effect. The invalid term shall be replaced by a valid provision
closest to the original intent.
18. Entire Agreement
These Terms, together with any written rate confirmations or service quotes, constitute the
entire agreement between HYL and the SHIPPER and supersede all prior discussions or
conflicting documents.
19. Additional Provisions (Optional but Recommended)
• Lien on Freight: HYL and its carriers retain a lien on the shipment for any unpaid
charges.
• Cross-Border Shipments: For U.S.–Canada freight, Uniform Bills of Lading and
Carmack-style rules apply to the U.S. segment. For Latin America, HYL acts solely
as a broker, and the SHIPPER must ensure compliance with customs and insurance
requirements.
• Photographic Evidence: HYL may request photos or inspection reports before and
after loading for documentation or claims support.
• Notices: All legal notices should be sent to management@hyl-us.com and to the
company’s registered address as listed on this website.
