Terms of Service
Welcome to Hatchway Trade Group, Inc. ("HTG," "we," "us," or "our"). These Terms of Service ("Terms") govern your use of our freight brokerage and logistics services, including our website, technology platform, and any related services (collectively, the "Services").
By accessing or using our Services, you ("Customer," "you," or "your") agree to be bound by these Terms. If you do not agree to these Terms, please do not use our Services.
1. Services
HTG provides freight brokerage, logistics consulting, intermodal drayage, ocean intermediary services, warehousing, and agent empowerment programs (the "Services"). We act as an intermediary between shippers and carriers to arrange transportation of freight.
1.1 Brokerage Services
HTG does not own or operate transportation equipment. We arrange for third-party motor carriers to transport your freight. HTG holds authority as a property broker under MC Number issued by the Federal Motor Carrier Safety Administration (FMCSA).
1.2 Service Availability
Services are subject to availability, capacity, and acceptance by HTG. We reserve the right to refuse service for any reason, including but not limited to freight that poses safety risks, violates regulations, or exceeds our operational capabilities.
2. Customer Obligations
As a Customer using our Services, you agree to:
- Provide accurate, complete, and timely information about your freight, including weight, dimensions, commodity description, special handling requirements, and pickup/delivery locations
- Ensure freight is properly packaged, labeled, and prepared for transportation in accordance with applicable regulations
- Provide all necessary documentation, including bills of lading, commercial invoices, and hazardous materials declarations when applicable
- Pay all charges in accordance with the payment terms agreed upon
- Comply with all applicable federal, state, and local laws and regulations
- Not tender freight that is prohibited, illegal, hazardous (unless properly declared and authorized), or in violation of regulations
3. Rates and Payment
3.1 Rates
Rates for Services are provided via quote and are subject to the specific details you provide. Rates may be adjusted if actual shipment characteristics (weight, dimensions, commodity, service requirements, or delivery location) differ materially from the information provided at the time of quote.
3.2 Payment Terms
Payment is due within the timeframe specified on your invoice, typically Net 30 days from invoice date unless otherwise agreed in writing. HTG reserves the right to require prepayment, credit card payment, or other security for new customers or high-value shipments.
3.3 Late Payment
Late payments are subject to a service charge of 1.5% per month (18% per annum) or the maximum rate permitted by law, whichever is less. HTG reserves the right to suspend service for accounts with past-due balances.
3.4 Accessorial Charges
Customers are responsible for accessorial charges including but not limited to detention, layover, redelivery, storage, liftgate service, inside delivery, or special equipment when such services are required or requested.
4. Liability and Claims
4.1 Limitation of Liability
HTG's liability for loss or damage to freight is limited to the liability of the motor carrier transporting the freight, which is governed by federal law (49 U.S.C. ยง 14706) and is generally limited to the lesser of: (a) the actual loss or damage, or (b) $0.50 per pound per article, unless a higher declared value is stated and additional charges are paid.
4.2 Claims Procedure
All claims for loss, damage, or delay must be submitted in writing to HTG within nine (9) months of delivery (or, in the case of non-delivery, within nine months of the scheduled delivery date). Claims must include:
- Original bill of lading
- Original invoice showing the value of the freight
- Detailed description of the loss or damage
- Photographs of the damage (when applicable)
- Repair estimates or invoices (when applicable)
Failure to comply with these requirements may result in denial of the claim.
4.3 Cargo Insurance
HTG maintains contingent cargo insurance, but this does not increase the carrier's liability limits. Customers shipping high-value freight should purchase additional cargo insurance and declare the full value of the shipment.
5. Indemnification
Customer agrees to indemnify, defend, and hold harmless HTG, its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to:
- Your breach of these Terms
- Your violation of any law or regulation
- Inaccurate or incomplete information you provide
- The nature, condition, or packaging of your freight
- Any claims by third parties related to your freight
6. Insurance and Licensing
HTG maintains the insurance coverage and surety bond required by the FMCSA for property brokers. HTG also ensures that all motor carriers it engages hold appropriate operating authority and insurance coverage as required by federal regulations.
7. Force Majeure
HTG shall not be liable for any delay or failure to perform due to circumstances beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil unrest, labor disputes, natural disasters, severe weather, government actions, public health emergencies, or failures of third-party carriers or service providers.
8. Confidentiality
Both parties agree to maintain the confidentiality of proprietary or confidential information disclosed during the course of business. This obligation does not apply to information that is publicly available, independently developed, or required to be disclosed by law.
9. Governing Law and Dispute Resolution
9.1 Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming and applicable federal law, including the Federal Aviation Administration Authorization Act of 1994 (FAAAA) and regulations of the FMCSA, without regard to conflict of law principles.
9.2 Arbitration
Any disputes arising out of or related to these Terms or the Services shall be resolved through binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The arbitration shall take place in Cheyenne, Wyoming. Judgment on the arbitration award may be entered in any court having jurisdiction.
9.3 Exceptions
Claims for freight loss, damage, or delay shall be subject to the Surface Transportation Board's cargo claim rules (49 CFR Part 1005) and may be filed in an appropriate court of competent jurisdiction.
10. Limitation on Actions
Any legal action related to freight loss, damage, or delay must be commenced within two (2) years from the date HTG provides written notice denying the claim or any part thereof. For all other claims, legal action must be commenced within one (1) year from the date the cause of action accrues.
11. Modifications to Terms
HTG reserves the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our website with a new "Last Updated" date. Your continued use of the Services after such modifications constitutes your acceptance of the updated Terms.
12. Termination
Either party may terminate the business relationship at any time with written notice. Termination does not relieve either party of obligations incurred prior to termination, including payment obligations and pending shipments.
13. Severability
If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.
14. Entire Agreement
These Terms, together with any written agreements, quotes, or invoices executed between HTG and Customer, constitute the entire agreement between the parties and supersede all prior or contemporaneous understandings, agreements, or representations, whether written or oral.
15. Contact Information
Hatchway Trade Group, Inc.
1712 Pioneer Avenue, Suite 1766
Cheyenne, WY 82001
Phone: (307) 395-2406
Email: Info@Hatchway.Trade
If you have questions about these Terms of Service, please contact us using the information above.