Business Terms & Conditions
Terms governing partnerships, dealerships, and business-to-business vehicle transport services.
These Terms and Conditions for Freight Broker Services (“Terms”) govern the Services provided by Brightway LLC (“Broker”) to any Shipper, including any entity claiming an interest in goods for which Services are rendered. By engaging Broker, Shipper accepts these Terms, which prevail over any conflicting documents. Broker may modify these Terms at any time, applicable to shipments requested on or after the modification date.
THESE TERMS REQUIRE BINDING ARBITRATION FOR MOST CLAIMS ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS ACTION. SEE SECTION 12 FOR ARBITRATION DETAILS.
1. Service
Broker, as an independent contractor, arranges motor carrier transportation for Shipper’s freight, complying with all applicable laws. Broker does not perform physical transportation.
Broker is not a motor carrier and does not take possession or control of Shipper’s freight.
Broker arranges transportation with FMCSA-registered Motor Carriers.
2. Order Transmission
Shipper may place Orders electronically via API or in writing by electronic transmission.
3. Compensation
Shipper pays agreed freight rates and surcharges, including Broker’s commission and Motor Carrier charges.
Invoices are due within 15 days without offset unless disputed in good faith.
Wrongful withholding accrues 1.5% monthly interest.
4. Freight Operations
Motor Carriers must maintain FMCSA authority, insurance, and safety compliance.
Insurance requirements include $1M liability and $250,000 cargo coverage.
Motor Carriers waive liens against Shipper’s freight.
5. Drive-Away Services
Broker may arrange Drive-Away Services upon request with proper transportation order.
6. Receipts and Bills of Lading
Motor Carriers provide proof of delivery; documents do not modify these Terms.
7. Inspection and Claims
Origin and delivery inspections must be completed and documented.
Claims must be filed within required timelines; otherwise they are denied.
Shipper must prepare vehicle properly; Broker is not responsible for unprepared freight.
8. Insurance
Broker maintains contingent cargo and liability insurance coverage as required by law.
9. Limitation of Liability
Broker liability is limited to $150,000 or repair/value of cargo.
No liability for force majeure, inherent defects, or indirect damages.
10. Indemnification
Shipper indemnifies Broker for damages caused by negligence or breach.
11. Confidentiality
Both parties agree to protect confidential information and restrict its use.
12. Data Privacy and Security
Both parties must secure data with encryption and proper access controls.
13 - 24. Additional Terms
Assignment, Severability, Independent Contractor, Electronic Consent, Force Majeure, Governing Law, Marks, Waiver, No Third Parties, Complete Agreement, Survival, Notice all apply as standard legal conditions governing this agreement.
Notices: Brightway LLC, Attn: Legal Department, 425 N. Martingale Road, Suite 550, Schaumburg, IL 60173, legal@brightway.com