Terms & Conditions
Last Updated: January 1, 2025
1. Agreement to Terms
These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Client," "Shipper," or "User") and WAAN LOGISTICS LLC ("Company," "Broker," "Carrier," "we," or "us"), located at 4020 Flowering Peach Ln, Saint Cloud, FL 34772. By requesting, booking, or using our services, you agree to be bound by these Terms.
If you are entering into these Terms on behalf of a business entity, you represent that you have authority to bind that entity to this agreement.
2. Services Description
WAAN LOGISTICS LLC provides freight brokerage, transportation coordination, and logistics management services. As a federally licensed freight broker and motor carrier, we arrange or provide transportation of freight in interstate commerce, subject to all applicable FMCSA regulations.
Specific service terms, rates, and conditions will be defined in individual rate confirmations or service agreements executed between the parties. In the event of conflict between these Terms and a specific service agreement, the specific agreement controls.
3. Client Responsibilities
Client agrees to:
- Provide accurate and complete shipment information including weight, dimensions, freight class, and commodity description
- Disclose any hazardous materials, regulated commodities, or freight requiring special handling
- Ensure freight is properly packaged, labeled, and ready for pickup at the agreed time
- Provide correct and complete pickup and delivery addresses, including contact names and access requirements
- Ensure an authorized representative is available at pickup and delivery if required
- Pay all agreed charges within the stated terms
Client accepts full responsibility for losses, damages, fines, or penalties resulting from inaccurate or incomplete information.
4. Rates and Payment
Quoted rates are based on information provided at time of quoting. Final invoiced amounts may differ if actual freight dimensions, weight, or freight class differ from what was quoted. Accessorial charges not foreseeable at quoting may be added to the invoice.
- Payment terms are Net-30 from invoice date unless otherwise agreed in writing
- Past-due accounts accrue interest at 1.5% per month on the unpaid balance
- Client is responsible for all collection costs, including reasonable attorneys' fees, if payment is not received
- WAAN LOGISTICS reserves a carrier's lien on freight for unpaid charges
5. Freight Claims
All freight claims must be submitted in accordance with the Carmack Amendment (49 U.S.C. § 14706) and applicable tariff provisions:
- Visible damage or shortage must be noted on the delivery receipt at time of delivery
- Written notice of loss or damage must be submitted within 9 months of delivery
- Claims must include original BOL, delivery receipt, invoice, and documentation of loss/damage
- WAAN LOGISTICS will facilitate claim resolution with the responsible carrier but is not liable as a carrier unless acting directly as one
6. Liability Limitations
When acting as a freight broker, WAAN LOGISTICS' liability is limited to direct damages caused by our negligence in selecting a carrier, not to exceed the amount of our brokerage fee for the affected shipment. We are not liable for delays, missed pickups, or carrier performance failures beyond our reasonable control.
When acting as a motor carrier, liability is subject to the Carmack Amendment. Released rates may apply depending on commodity and declared value. Additional cargo insurance can be arranged upon request.
IN NO EVENT WILL WAAN LOGISTICS BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, REGARDLESS OF THE CAUSE.
7. Force Majeure
Neither party will be liable for delays or failures caused by events outside their reasonable control, including acts of God, severe weather, natural disasters, government actions, labor disputes, road closures, or other circumstances beyond reasonable anticipation and control. The affected party must notify the other promptly.
8. Confidentiality
Both parties agree to maintain the confidentiality of pricing, business terms, and proprietary operational information exchanged in connection with services. This obligation survives termination of the service relationship for a period of two (2) years.
9. Governing Law and Dispute Resolution
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Federal law governs where applicable, including but not limited to the Carmack Amendment for interstate freight claims.
Any disputes not resolved through good-faith negotiation within 30 days shall be submitted to binding arbitration under the American Arbitration Association Commercial Arbitration Rules, in Osceola County, Florida.
10. Modifications to Terms
WAAN LOGISTICS reserves the right to update these Terms at any time. Material changes will be communicated to active clients. Continued use of our services following notice of changes constitutes acceptance of the revised Terms.
11. Entire Agreement
These Terms, together with any applicable rate confirmation or service agreement, constitute the entire agreement between the parties regarding the subject matter herein and supersede all prior communications, negotiations, and agreements.
12. Contact
For legal questions or notices under these Terms:
- WAAN LOGISTICS LLC
- 4020 Flowering Peach Ln, Saint Cloud, FL 34772
- Phone: 239-258-1285
Key Terms Summary
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