Terms and Conditions

Please read carefully. These Terms and Conditions constitute a legally binding contract between Reckart Logistics, Inc. (“Company”) and you and your company (“Customer”). Company may update these Terms and Conditions from time-to-time and the Terms and Conditions in force each time you use the Services will govern. Customer accepts and agrees to be bound and abide by these Terms by the act of receiving services from Company. If Customer does not wish to be bound by these Terms at any point in time then it must not use Company services.

‌Transportation Provisions

‌Scope of Services

Pursuant to these Terms and Conditions, Company agrees to arrange for the transportation of Customer’s cargo (“Goods”) by third party motor carriers on a non-exclusive basis between points within the United States and/or to or from Canada or Mexico. Customer shall be responsible in all events for the timely and accurate delivery of instructions and cargo descriptions, including declared value and any special handling requirements, for all shipments it may tender from time to time, which Company may accept or reject in its sole discretion.

‌Operating Authority

Company represents and warrants that it is duly and legally qualified by the Federal Motor Carrier Safety Administration by the operating authority identified as U.S. DOT No. 2231765 and Docket Number MC476698 to provide its services as a property broker. Customer acknowledges and agrees that Company merely arranges for performance of the underlying services, and Company is independent from those third parties actually servicing Customer’s Goods.

‌Quotations Not Binding

Quotations of fees, rates, freight charges, insurance premiums, or other charges given by the Company to the Customer are for informational purposes only and are subject to change without notice. No quotations shall be binding on the Company unless the Company in writing agrees to undertake the freight transportation arrangement of the shipment at a specific rate or amount set forth in the quotation and payment arrangements are agreed to between Company and the Customer. In the event services are provided and it is subsequently discovered that there was no agreed upon rate, the Customer agrees that the rate paid by Customer and collected by Company shall be the agreed upon contract rate for the services provided.

‌Reliance on Information Furnished

Customer warrants the accuracy of shipment descriptions, dimensions, weights, value, handling instructions, and other information furnished to Company by Customer. Deviations may result in additional costs.

‌Shipments Containing Food

When requesting Services with respect to any shipment containing food which will ultimately be consumed by humans or animals (“Food), including the Food Safety Modernization Act (21 U.S.C. § 2201, et seq.), the Food, Drug and Cosmetic Act (21 U.S.C. § 341, et seq.) (“FD&C Act”), the Sanitary Food Transportation Act (49 USC 5701 et seq.), and the U.S. Food and Drug Administration’s Final Rule on the Sanitary Transportation of Human and Animal Food (21 C.F.R. § 1.900 et seq.), collectively (the “Food Safety Laws”), Customer shall, at the time of the initial request for services with respect to the individual shipment, provide written notice (each a “Food Handling Notice”) to Company that the consignment contains Food. Customer’s Food Handling Notice must also include any special instructions or handling requirements, if any, to be imposed on the carrier, including, but not limited to, any requirements related to condition, design, maintenance, or type of transportation equipment; sealing of trailers; cross- contaminant restrictions; segregation or isolation of Food consignments; records relating to equipment (such as prior use or cleaning); temperature range requirements; temperature records (including method of measuring, monitoring, and documenting temperature); pre-cooling requirements; required transit- times, etc., (any such instructions, hereinafter the “Specialized Instructions”). Any such Food Handling Notice shall specifically identify the consignment to which it relates and in no event shall any Food Handling Notice purporting to apply to multiple consignments (including any Food Handling Notice purporting to apply to any specifically enumerated commodities, any category of commodities, or commodities moving to or from specified locations) be binding on Company or otherwise apply to the services, regardless of whether receipt of such general Food Handling Notice has been confirmed by Company. Company’s sole responsibility with respect to such Specialized Instructions is limited to providing such Specialized Instruction to the motor carrier.

‌Preparation of Bills of Lading

If Bill of Lading lists Company as the carrier, such listing is solely for the convenience of Customer and does not change Company’s status as a broker.

No Liability for Selection or Services of Third Parties and/or Routes

The Company is in the business of arranging for transportation by third-party motor carrier or other transportation intermediaries and is neither trained, licensed, nor otherwise qualified to assess, analyze, or predict the likelihood of a motor carrier’s safe operation. The Company relies on Federal and State authorities to only allow safe motor carriers on public roads and is under no duty to investigate motor carrier operations. The Company shall use reasonable care in its selection of third parties. Selection of a third party by Company to provide transportation services does not warrant or represent that such party or firm will render such service nor does Company assume responsibility or liability for any action(s) and/or inaction(s) of such third party or its agents, and Company shall not be liable for any delay, damage, or loss of any kind, which occurs while a shipment is in the custody or control of a third party or its agent. All claims in connection with the act of a third party shall be brought against such party and/or its agents. In connection with such claim, the Company shall reasonably cooperate and facilitate the handling of the claim with the third party but in no way shall Company be liable for any charges or costs associated with the delay, damage, or loss.

‌COD or Cash Collect Shipments

Company shall use reasonable care regarding written instructions relating to “Cash/Collect on Delivery (COD) shipments, bank drafts, cashier’s and/or certified checks and other similar payment documents and/or instructions regarding collection of monies but shall not have liability if the bank or consignee refuses to pay for the shipment.


The first two (2) hours at the shipper or receiver are free. Any additional hours will require a detention payment of $150.00/hour in most cases. However, rates for specialized equipment may be in excess of $150/hour.

‌Independent Contractor

The relationship of the parties to each other shall at all times be that of independent contractors. Customer understand and acknowledges the relationship between Company and each carrier is and shall at all times be that of independent contractors. None of the provisions of these Terms and Conditions, or any act or omission of either party shall be construed for any purpose to express or imply a joint venture, partnership, principal/agent, fiduciary, or employer/employee relationship between the parties. Each party shall provide sole supervision and shall have exclusive control over the actions and operations of their respective employees and agents pursuant to these Terms and Conditions. Neither party has any right to control, discipline or direct the performance of any employees or agents of the other party. Neither party shall represent to any party that it is anything other than an independent contractor in its relationship to the other party.

‌Governing Law; Venue

These Terms and Conditions are to be construed according to United States federal law and regulations governing transportation and, to the extent not governed or preempted thereby, the laws of the State of West Virginia. The parties hereby stipulate the exclusive jurisdiction of the courts situated in Randolph County, West Virginia, over any litigation between the parties arising hereunder, except that the case may be initiated in or removed to the appropriate federal court in West Virginia. Each party waives any argument of forum non conveniens.

‌Insurance Coverage

The Customer is responsible for maintaining property insurance covering the Goods in transit including loading and unloading.

‌Carriers Insurance

Company requires all carriers to maintain the following insurance coverages:

  1. Auto Insurance in the amounts not less than: Bodily injury/Property Damage $1,000,000 per occurrence.

  2. Cargo Insurance in an amount not less than $100,000.00 per shipment.

It is the Company practice to obtain a Certificate of Insurance for each motor carrier demonstrating the above limits but has no duty to obtain, review, or read motor carrier’s insurance policies or to identify policy limits, scheduled autos, exclusions, or endorsements not identified on the Certificate of Insurance.

‌Shippers Interest/Excessive Cargo Insurance Coverage

Company has no duty to discover the value of Customer’s goods or to arrange for Carriers with adequate insurance coverage in excess of $100,000.00 unless requested by Customer to do so in writing and confirmed by Company in writing prior to shipment and on a per load basis. In all cases, Customer shall pay all premiums and costs in connection with procuring requested insurance. Customer may obtain additional insurance coverage, up to the actual or declared value of the shipment, by requesting such coverage in writing and agreeing to make payment, which must be confirmed in writing by the Company prior to rendering services for the covered transactions.

‌Declaring Higher Value to Third Parties

Company requires all carriers to have $100,000 in cargo coverage. However, carriers to whom the shipment is entrusted may limit liability for loss or damage. The Company will request excess insurance coverage only upon specific written instructions from the Customer, on a per load basis, unless otherwise agreed to by contract. Customer must agree to pay for any additional costs associated with the increased insurance coverage. Any coverage on the Goods will be subject to the terms and conditions of the specific policy procured. Customer acknowledges and agrees that Company’s role is limited to facilitating placement of coverage with entities licensed to sell insurance and that Company is not in the business of selling insurance or insuring risk. In the absence of written instructions or the refusal of the third party to agree to pay for additional insurance, at Company’s discretion, the Goods may be tendered to the third party subject to the terms of the third party’s limitations of liability and/or terms and conditions of service.

‌Transit within Mexico

Company does not provide insurance coverage for shipments within the country of Mexico. Neither the Company nor any Carrier will have liability for loss, damage or delay, of Goods or shipments occurring in Mexico.

‌Restricted Commodities

Customer will not request, and Company has no responsibility to arrange, the transport of any prohibited commodity identified in this Section. In instances where Customer tenders a prohibited commodity, Customer will defend, indemnify, and hold Company harmless against all claims resulting from Company refusing to arrange transport of any prohibited commodity. In instances where Customer tenders a prohibited commodity without the knowledge of Company, Customer will defend, indemnify, and hold Company and any third party motor carrier utilized by Company harmless against all claims resulting from the transportation of such prohibited commodity. The following commodities are strictly prohibited and has the sole burden to ensure that no shipments contain:

  1. Any time sensitive or critical written material or documents for example, but without prejudice to the generality of this clause, bids and/or contract proposals and/or designs and/or patterns and/or plans and/or manuscripts and all other documents.

  2. Antiques and/or Fine Art, unless the individual item value is less than USD 1000.

  3. Alcoholic beverages with the exception of beer and wine.

  4. Bulk cargoes of every description unless carried in ISO tank containers or purpose built road or rail tank conveyances.

  5. Cigarettes, cigars, and any other tobacco products.

  6. Computer chips and/or Computer Processing Units and/or laptop computers and/or mobile/cellular telephones and/or MP3 players.

  7. Deeds and/or securities and/or treasury notes and/or any other cash equivalents and/or tickets and/or vouchers and/or stamps and/or duty stamps and any other documents negotiable or equivalent as cash.

  8. Jewelry and/or watches unless the individual item value is less than USD 500.

  9. Money and/or coins of every description.

  10. Livestock and/or bloodstock and/or living creatures.

  11. Precious Metals and items that are made from or which may include Precious Metals

  12. Precious or Semi-precious Stones or items that are made from or which may include Precious or Semi- precious stones.

‌Used Cargo

There are extra challenges insuring used cargo, particularly in determining the condition of the cargo pre- shipment. It is crucial that the shipper or their representative performs a pre-shipment condition report accurately describing the condition of the cargo along with pre-shipment photos both pre-load and post- load. In the event shipper fails to perform these duties, coverage may be excluded for marring, denting, scratching, chipping, rust, oxidation, discoloration, wear tear, gradual deterioration, and mechanical, electrical and electromagnetic derangement unless caused by a peril insured against.

‌Credit, Billing and Payment Terms


‌Credit Application

A credit application must be submitted from all customers and approved by the credit department before arrangement for transportation is made. A clean, completed credit application must include a signature confirming personal guarantee. Customer affirms that information provided in its credit application is current and accurate.

‌Credit Limit

All charges must be paid by Customer in advance unless the Company agrees in writing to extend credit to Customer. A line of credit is not guaranteed to be extended to Customer. Company has the sole and absolute discretion to refuse, increase, and decrease any credit limit at any time and is not required to disclose the decision. Customer must accept all conditions of prepayment (COD) if required at the time of tender.

‌Prepayment (COD)

Customer will be required to pay in advance if, for any reason, Company has not established credit terms for Customer. The Company COD Terms & Conditions and Authorization Form must be completed by Customer and approved by Company before Company may arrange transportation for the shipment.

Payment via credit card or electronic deposit must be received by Company prior to delivery and Company may instruct carrier to withhold delivery until payment is made. There will be a 4% fee assessed to credit card payments.

‌Credit Hold

A credit hold is at the sole and absolute discretion of Company due to any past due invoice or credit limit exceeded. Company may refuse any arrangement of transportation due to a credit hold and may revoke or reduce credit due to creditworthiness concerns.

‌Payment Terms

Payment terms are NET 30 from invoice date and are subject to credit approval. Payment must be in USD and there will be a 4% fee assessed on credit card payments.

‌Collection Costs

In any dispute involving monies owed to Company, Customer will pay all collection costs, attorneys fees, court costs, and any other collection costs incurred by Company and associated with collecting amounts due.


‌Rates and Charges

Customer will be responsible for any additional charges assessed by Company due to deviation from the agreed upon terms including, but not limited to, weight, pallet count, product commodity, dimensions, appointment date and times, etc.

‌Dispute of Invoice(s)

Customer must notify Company in writing of any dispute regarding an invoice within 10 days of invoice date and provide supporting documentation to facilitate reasonable resolution. If Customer fails to notify Company of the dispute promptly, Customer has accepted such invoice in full and waived any and all claims or defenses to paying such invoice. Any such claim not made within the indicated period shall be deemed waived. All overcharge and duplicate payment claims shall be paid within 30 days of Company’s agreement on payment of the overcharge or undercharge claim.

‌Third Party Billing

In the event Customer uses third-party payment services, Customer ultimately remains responsible for timely payment of invoices regardless of any agreements Customer makes with the third-party payment company. Terms agreed upon between Company and Customer will supersede any agreement between Customer and the third-party payment company.

‌Cargo Loss and Damage Claims

‌Our Responsibilities

We realize that damaged cargo causes an inconvenience to you and your customer. We will make every attempt to facilitate the settlement of your claim in a timely and efficient manner. However, Company is not responsible for claims for loss or damage to Goods.

‌Carrier Liability

The Carmack Amendment holds the carrier liable for loss, damage, or delay to goods in its possession without proof of negligence, unless the carrier can prove it was not negligent and/or one of the defenses listed below applies:

  1. An Act of God – this defense is applied when a motor carrier can prove the cargo damage occurred due to a natural disaster or phenomenon out of their control.

  2. The Public Enemy – If the damage results from an interaction with hostile military forces, the carrier isn’t held responsible for the cargo claim.

  3. Act of the Shipper – Proving the damage was caused by an act of the shipper removes the carrier’s liability for the claim. Examples of this include the product was poorly packaged and not able to withstand the rigors of long haul or shipment was loaded improperly by the shipper or its representatives.

  4. Public Authority – If the government is the reason for the damage this defense applies. Examples include road closures, product recalls, and quarantines.

  5. The inherent vice or nature of the Goods transported – Some types of freight are subject to decay, defects, and diseases that quickly damage their quality beyond what is manageable.

The Carmack Amendment limits the motor carrier’s liability to the actual loss or injury to the Goods. Courts interpret this to be the difference between the market value of the property in which it should have arrived less the market value of the actual condition in which it arrived.

‌Shipper Responsibilities

It is the shipper’s responsibility for proper packaging, properly marking the packaging, and providing proper descriptions on the shipping documents. It is the shipper’s responsibility to block and brace their loads to prevent shifting while in transit. Shipper shall provide all dunnage, tie-down devices, and any special tools required to secure the load.

Customer and/or its shipper is responsible for ensuring that all carrier information including but not limited to driver’s name and license information, carrier name and Federal DOT and MC number >displayed on side of tractor, VIN number, and license plate number will be thoroughly checked, documented, and verified as the hired carrier.

Customer will indemnify, defend, and hold Company harmless from any claim or cause of action related to a breach of this warranty.

It is a recommended best practice for the shipper to take pictures of the tractor, trailer, and Goods after Goods have been loaded and secured.

Customer shall indemnify, defend, and hold Company, its employees, agents, and carriers harmless from and against, and shall pay and reimburse, any and all liability, claims, losses, costs, fines, penalties, expenses (including attorney’s fees), judgments, or demands on account or damage of any kind whatsoever asserted by third parties, including but not limited to personal injury, property damage, damage or loss to Goods, or any combination thereof, suffered or claimed to have been suffered, arising out of Customer’s acts and omissions under these Terms and Conditions, including, but not limited to: (i) the negligence or intentional misconduct of Customer; and (ii) Customer’s or its employees’ or agents’ violation of applicable laws or regulations or breach of these Terms and Conditions.

‌Shipper Lawful Freight

Customer represents and warrants that all Goods it tenders, and its acts and omissions incident to such tender, shall comply at all times with applicable laws, regulations, and ordinances, including those related to the transportation of hazardous materials as defined in 49 CFR §§ 172.800 and 173 et seq.

Customer is obligated to inform Company immediately if any such shipment constitutes hazardous materials. Customer shall defend, indemnify, and hold Company harmless from any fines, penalties, or any other liability of any kind, including reasonable attorney’s fees, arising out of Customer’s failure to comply with this section.

‌Shipper Load & Count and Shipper Seals

High quality, tamper proof, shipper-provided and applied cargo security seals may be used at the time of loading of Full Truck Load shipments only. Shippers will load, count, and seal the Goods to ensure their integrity throughout transit. Seals must be attached by shipper’s employee, not the driver. Seal numbers should be recorded on the bill of lading or shipping document. Where shipments are sealed by the shipper before tending to the carrier, the carrier has no liability for overages, shortages, loss, or damage caused by shipper’s improper loading.

‌Consignee Responsibilities

Customer shall require its consignee to identify and document loss and/or damage on the delivery receipt at time of delivery on both the consignee’s and the carrier’s copy of the bill of lading or delivery receipt. The absence of such documentation creates a presumption that the shipment was delivered in good condition and the burden of proof will be on the Customer to prove otherwise. Failure to make a notation on the delivery receipt is prima facie evidence of the shipment’s good condition at the time of delivery and can only be overcome by clear and convincing evidence to the contrary.

At time of delivery, the Customer or its consignee MUST check the Goods for visible signs of damage. Take pictures of damage to Goods while still on truck when possible. Open shipments that show signs of loss or damage while the driver is present. Examine the contents with the driver and record detailed description of damage on driver’s shipping document and your delivery receipt. Have the driver sign a copy of the delivery receipt with detailed description of damage. Notify Company immediately.

At time of delivery the seal numbers should be checked against shipper’s seal numbers. Seals, doors, and locks should be inspected for possible tampering. Only the consignee should be permitted to remove the seal. Any observable discrepancies (damage, shortage, load shift, etc.) should be promptly recorded and pictures taken and documented. The Goods should be unloaded and inspected for evident of shortage, packaging damage, contamination, etc. and a report made to Company.

If these steps are not followed and loss or damage is found later with no notation or vague notation to the shipping document, it will be more difficult to obtain a timely and satisfactory settlement of your claim.

‌Filing the Claim and Time Limits

Company must be notified within 8 months of delivery of the Goods or, if delivery did not occur, within 8 months of the scheduled delivery (“Notification of Loss”). An oral Notification of Loss must be followed by a written Notification of Loss and all supporting documentation.

If Customer determines Customer has a claim for cargo loss or damage, Company will act as claims administrator for the claim and will timely file the claim with the carrier. All claims will be processed with the carrier in accordance with 49 CFR Part 370. All documentation must be submitted to Company within 30 days after notification or Company’s facilitation of the claim will be closed. After 9 months from delivery or scheduled delivery, whichever is later, the Company will no longer be responsible for facilitating the claims process and Customer must file directly with the Carrier and their insurance company. The timeframe for filing lawsuits is limited to 18 months from the date on which the claim is denied.


To hold a motor carrier liable for cargo damage, the Customer must prove that:


  1. The Goods were in good condition when picked up by the carrier;

  2. The Goods were damaged when delivered (or weren’t delivered); and

  3. The damage resulted in a specific (monetary) amount of damage.


A claim filed within the appropriate time limits must include:


  1. Assert liability against the carrier for loss, damage, or delay;

  2. Include sufficient facts to identity the shipment or property involved;

  3. Demand a specified or determinable amount of money. Claims must reflect the actual cost of the goods damaged or lost, not the retail value; and

  4. Complete Reckart Logistics Standard Form for Presentation of Loss and Damage Claim.

‌Documentation Requirements

Claims should be supported by legible copies of the following:

  1. The original bill of lading;

  2. The paid freight bill;

  3. Proof of the value of the commodities lost or damaged (an invoice) ;

  4. Repair invoice (if applicable);

  5. Inspection report (if applicable);

  6. Copies of request for inspection;

  7. Notification of loss;

  8. Waiver of inspection by the carrier;

  9. Photographs prior to loading and post-delivery;

  10. Written statement and/or affidavits; and

  11. Other supporting documentation when appropriate.

‌Consequential Damages

Consequential damages, also known as special damages, include any expenses resulting from failure to deliver Goods on time (i.e., delay) and in good condition, such as lost profits, additional storage fees, or extra labor costs, are not recoverable against the carrier or the Company unless notice was given at the time of the shipment that failure to make timely delivery will result in specified damages.

‌Delay Claims

A carrier is required by law to deliver with “reasonable dispatch”. Reasonable dispatch is defined as the “usual and customary time for similar shipments between the same origin and destination.” Claims for losses caused by delay must be supported by the required delivery date noted on the face of the bill of lading. When a specific date is not noted, the carrier is only responsible for loss or damage to Goods caused by an unreasonable delay. These are extremely difficult claims for a shipper/consignee to collect on. In any event, Company is not responsible to the Customer or others for delay or deterioration of Goods.

‌Concealed Loss or Damage

Concealed damage is damage or shortage that is not discovered (or could not be discovered) until after the carrier has completed delivery of the goods because the goods where concealed in their packaging from start to finish. In a concealed damage claim, claimant must prove that the damage or shortage existed at the time of delivery and could not have occurred afterwards – “burden of proof”. Claims of loss or damage to contents of a shipment that were not discoverable at the time of delivery must be reported within 5 days of delivery. Notice of loss or damage and request for inspection may be given by telephone but must also be given in writing. While waiting for carrier inspection, the consignee must hold the cargo contents in the same condition they were in when the damage was discovered. If 5 days have passed before between the delivery date and notification to carrier and request for inspection, then consignee must offer strong proof that loss or damage was not incurred by the consignee after delivery of shipment and that the damaged or missing items were the result of the carrier’s negligence or inaction.

‌Mitigation of Loss – Duty to Mitigate

The duty to mitigate refers to your obligation to make reasonable efforts to minimize the severity of damage and/or to prevent further damage from happening. Customer is obligated to mitigate its loss and damage to Goods and is not entitled to abandon the Goods to Company or the carrier.


Salvage refers to goods that have been damaged rendering them unfit for sale or use in their original condition. Salvage sales are the sale of damaged Goods, generally at a price lower than the purchase value of the Goods in order to avoid incurring additional costs, such as disposal fees, and to lower claim value. If the damaged Goods still hold some value, the carrier or insurer is entitled to deduct that value from the claim payment. Customer is REQUIRED to use all reasonable and good faith efforts to mitigate its damages for any loss or future damages.

‌Injury to Persons or Property

Company shall not be liable to Customer or any other person or entity for injury to persons or property unless such injury is solely attributable to Company’s negligent acts or omissions. To the extent Customer causes or contributes to such injury it shall defend, indemnity, and hold Company harmless from any claims, suits, causes of action, including reasonable attorney’s fees and costs.

‌No Right to Offset

Customer shall have no right to and agrees not to withhold payment from Company for arranging the shipment of goods based on pending cargo claims. The Company has the right to bill any other vested party for unpaid freight bills. Customers recourse for loss or damage is solely against the Carrier that had care, custody and control of the shipment.

‌Refused or rejected shipments

If the Carrier arrives at a facility and the shipment is rejected without unloading and inspection, shipper and consignee should promptly be notified and disposition instructions should be provided (salvage, return to shipper, etc.).

Upon return to shipper (or third-party for disposition), the shipment should be unloaded and inspected by an independent inspector and a report made. Based on inspection, determination should be made whether Goods are fit for human consumption and/or its intended purpose, salvaged or destroyed, with reasons for determination.

If the Carrier arrives at a facility and the consignee refuses the Goods and the Customer refuses to give timely instructions regarding the disposal of the Goods, the Company may, at its sole discretion, place the Goods in storage at the risk and expense of the Customer.


Customer agrees that it shall not directly or indirectly, as owner, partner, joint venturer, employee, agent, consultant, independent contractor, or shareholder, knowingly utilize any carrier who was first made available to Customer as a result of the services. This Section shall apply while Customer receives services from Company and for a period of 1 year after Customer tenders its last shipment to Company. Customer further agrees and acknowledges that a monetary remedy for a breach of section may be inadequate and that such breach may cause Company irrevocable harm. In the event of such breach, in addition to any other remedies Company may have, including, without limitation, injunctive relief or other equitable remedies, Customer agrees to pay Company a commission of fifteen percent (15%) of all gross transportation charges paid by Customer to the carrier and such commission shall be due and payable within 10 days after the billing date. Company will also be entitled, without the posting of a bond and in addition to any commission, to seek temporary and permanent injunctive relief, including temporary restraining orders, preliminary injunctions, and permanent injunctions.