Terms & Conditions

0) Definitions

• “Customer” means the shipper, consignor, consignee, or other party requesting brokerage services.
• “Carrier” means the motor carrier (or other transportation provider) that performs transportation services.
• “Services” means freight brokerage services provided by RBO: arranging transportation with Carriers.
• “Rate Confirmation” means any written confirmation issued by RBO (email, PDF, portal confirmation, etc.) that includes the price and shipment details and confirms acceptance of a load.
• “BOL” means Bill of Lading or shipping document used for pickup/delivery receipt and cargo tender between Customer and Carrier.

1) Scope and Role

1.1 Broker Only

RBO Logistics is a federally licensed property broker that arranges, but does not perform, transportation with duly authorized Carriers. RBO is not a motor carrier, warehouseman, freight forwarder, customs broker, or insurer, and does not take possession of cargo.

1.2 Application

These Terms govern all service requests, quotes, bookings, tenders, and shipments arranged by RBO for the Customer unless a separate written agreement signed by both parties states otherwise.

2) Quotes, Rates, and Booking

2.1 Non-binding Quotes

Any verbal or email rate indication is an estimate based on information available at the time and is not binding until confirmed in writing by RBO (Rate Confirmation).

2.2 Rate Assumptions

Rates assume accurate origin/destination, commodity description, weight, dimensions, equipment, dates, and accessorial needs. Any changes, delays, misinformation, or additional requirements may result in revised charges.

2.3 Accessorials and Surcharges

Customer is responsible for reasonable accessorial charges including (examples): detention, layover, TONU, driver assist, inside delivery, liftgate, residential/limited access, reconsignment, port/rail congestion, chassis fees, storage, redelivery, lumper, tolls, customs/clearance-related handling, and border/interchange/terminal fees. Schedules or standard charges are available upon request or may be included in the Rate Confirmation.

2.4 Booking Acceptance

A shipment is considered “booked” when Customer accepts RBO’s Rate Confirmation (by written approval, tender, email confirmation, or other written acceptance) and the load is tendered for pickup.

3) Documents, BOL, POD, and Compliance

3.1 Controlling Contract Documents (Important)

• The Rate Confirmation (and these Terms) govern the commercial relationship between Customer and RBO (brokerage services, pricing, accessorials, billing, disputes, and limitations of liability for broker services).
• The BOL and applicable law typically govern cargo tender/receipt and certain cargo terms between Customer and Carrier.

Nothing in these Terms converts RBO into a Carrier or shifts Carrier cargo liability to RBO.

3.2 Bills of Lading (BOL)

Customer is responsible for providing the BOL or ensuring a BOL is issued for each shipment, unless otherwise agreed in writing.

If Customer requests it, RBO may generate or populate a BOL template or shipment document as a convenience and as Customer’s administrative agent only. Any such document:

• is prepared from information provided by Customer,
• does not make RBO the Carrier or the cargo custodian,
• does not modify the Carrier’s obligations as the transporting party.

3.3 Proof of Delivery (POD)

A properly signed POD (delivery receipt and/or signed BOL) is acceptable in electronic form (scan/photo/PDF). Carrier will use reasonable efforts to provide POD to RBO within 24 hours of delivery unless otherwise agreed; delays in receiving POD may delay invoicing and/or payment processing.

3.4 Customer Obligations

Customer must:

1. Provide complete and accurate shipment details (commodity, weight, dimensions, count, special handling, appointment requirements, etc.).
2. Ensure goods are properly packaged, labeled, and suitable for transport.
3. Ensure loading/unloading responsibilities are clearly communicated and legally compliant.
4. Comply with all applicable laws (including hazmat, weight, temperature, and security requirements).
5. Provide all required documents and special instructions in advance.

3.5 Exceptions at Pickup/Delivery

Customer and Carrier should note shortages, overages, visible damage, and exceptions at pickup and delivery on the BOL and/or delivery receipt.

3.6 Hazardous Materials

Hazmat moves are accepted case-by-case only. Customer must provide complete and accurate hazmat documentation and instructions. RBO may decline or suspend any shipment that does not meet legal or safety requirements.

4) Cross-Border Moves (U.S.-MX and International)

4.1 Customs and Compliance

Customer is responsible for customs brokerage, duties, taxes, export/import compliance, and required documents. RBO may coordinate timing and handoffs with Customer’s chosen brokers and partners, but is not acting as a customs broker.

4.2 Interchange/Transfer

Cross-border moves may require interchange/drayage and transfer between facilities/tractors. Additional terminal/bridge/handling fees may apply.

5) Transit, Scheduling, and Force Majeure

5.1 No Guaranteed Times

Pickup/delivery times are best efforts and not guaranteed unless expressly agreed in writing (e.g., a confirmed appointment requirement in the Rate Confirmation).

5.2 Force Majeure

RBO and Carrier are not liable for delays or failures caused by events beyond reasonable control (e.g., severe weather, natural disasters, strikes, port/rail congestion, civil unrest, cyber incidents, government actions).

6) Cargo Loss, Damage, and Shortage (Claims)

6.1 Carrier Responsibility

RBO does not take possession of cargo. Cargo claims for loss/damage/shortage are typically pursued with the Carrier and/or its insurer under applicable law and the Carrier’s cargo claim process.

6.2 Notice and Documentation

Customer must note visible exceptions at delivery, retain supporting documents (photos, counts, seals, packing lists), and provide prompt written notice so RBO can assist in coordinating with the Carrier.

6.3 Mitigation and Salvage

Customer must mitigate losses and preserve salvage where reasonably possible.

6.4 RBO Assistance (No Liability Assumed)

RBO will reasonably assist in facilitating communications and documentation with the Carrier, without accepting cargo liability.

7) Liability Limits and Exclusions

7.1 Broker Liability Limit

To the fullest extent permitted by law, RBO’s total aggregate liability arising out of a shipment, order, or these Terms is limited to the lesser of:

(a) the brokerage fees earned by RBO for the specific shipment at issue, or

(b) USD $1,000.

7.2 No Consequential Damages

In no event will RBO be liable for consequential, incidental, special, punitive, or indirect damages (including lost profits, production, markets, penalties).

7.3 High-Value / Temperature-Controlled / Hazmat

Customer must disclose any special value, handling requirements, or sensitivities in writing before tender. Additional requirements and/or limitations may apply.

8) Payment and Credit

8.1 Payment Terms

Unless otherwise agreed in writing, invoices are due Net 30 days from invoice date in USD.

8.2 Billing Disputes

Billing disputes must be submitted in writing within 5 business days of invoice receipt with supporting documentation. Undisputed portions remain payable by the due date.

8.3 Late Fees and Collections

Past-due balances may incur late fees at the maximum rate permitted by law, plus reasonable collection costs (including attorneys’ fees).

8.4 No Set-Off

Customer may not short-pay or set off unrelated claims against amounts owed.

9) Indemnification

Customer shall defend, indemnify, and hold harmless RBO, its affiliates, directors, officers, and employees from claims, losses, fines, and expenses arising from:

(i) Customer’s breach of these Terms;

(ii) improper packing/loading/description;

(iii) violation of laws (including hazmat); or

(iv) negligence or willful misconduct of Customer or its agents.

10) Insurance

10.1 Carrier Insurance

RBO uses reasonable care to arrange Carriers that represent maintaining legally required authority and insurance; however, RBO does not guarantee sufficiency of Carrier insurance and does not act as insurer.

10.2 Customer Insurance

Customer should maintain appropriate cargo and business insurance for its interests and any exclusions/limits under Carrier policies.

11) Data, Privacy, and Confidentiality

11.1 Operational Data

Operational data may be used to arrange transportation, improve services, comply with law, and maintain security.

11.2 Confidential Information

Rates, customer lists, and non-public operational details are confidential. Each party will protect the other’s confidential information with reasonable care.

Privacy Policy: See the RBO Logistics Privacy Policy at /privacy.

12) Independent Contractors

Carriers, vendors, and service providers are independent contractors and not employees or agents of RBO.

13) Electronic Communications

Customer agrees to transact electronically and receive invoices, confirmations, and notices by email.

14) Dispute Resolution, Governing Law, and Venue

14.1 Good-Faith Resolution

The parties will attempt to resolve disputes in good faith within 30 days.

14.2 Governing Law

These Terms are governed by Texas law, without regard to conflicts of law.

14.3 Venue

Exclusive venue lies in the state or federal courts located in Webb County, Texas (Laredo).

15) Termination and Suspension

RBO may suspend or cancel services/bookings if Customer is in default, provides incomplete/inaccurate information, presents safety/compliance risks, or for other reasonable cause. Sections regarding payment, liability limits, indemnification, confidentiality, and dispute resolution survive termination.

16) Modifications

RBO may update these Terms from time to time. The version in effect at the time of booking applies unless otherwise agreed in writing.

17) Notices (Public Website Version)

Notices to RBO must be sent by email to: rbo@rbologistics.org.

For formal service of process, RBO may be served through its Texas registered agent.

If a mailing address is required for a specific transaction, it will be provided to Customers in the shipment booking documents and/or upon written request.

18) Entire Agreement; Severability; Waiver

These Terms, together with any Rate Confirmations issued by RBO, constitute the entire agreement regarding the arranged shipment(s). If any provision is invalid, the remainder remains in effect. Failure to enforce any provision is not a waiver.