Multi-Transport Usage Policies and Guidelines
XPL Logistics LLC – Multi-Transport Terms
These terms and conditions (“Multi-Transport Terms”) govern all transportation coordination and related logistics services provided by XPL Logistics LLC (hereinafter referred to as “XPL” or the “Company”) in connection with freight movement via transportation methods other than standard full truckload. Covered services include, but are not limited to, less-than-truckload (“LTL”), intermodal, air, ocean, and rail freight, customs brokerage, warehousing, and the handling of oversized or overweight cargo (“Heavy Haul Freight”). These Terms also apply to shipments originating from or destined to locations outside the United States (collectively referred to as “Alternate Modes”).
These Multi-Transport Terms are incorporated by reference into and supplement XPL’s General Terms and Conditions (“General Terms”). In the event of a conflict between the provisions herein and those in the General Terms, the Multi-Transport Terms shall prevail. By engaging XPL’s services, the Customer agrees to be bound by the most recent version of these Terms, which are available on XPL’s website or in printed form upon request.
General Provisions
Modifications: XPL reserves the right to revise these Multi-Transport Terms at any time without prior notice. The version in effect at the time a shipment is tendered shall govern that transaction.
Definition of Parties:
“Customer” means any individual or entity requesting, benefiting from, or participating in any services rendered by XPL, including but not limited to shippers, consignees, receivers, and logistics intermediaries.
“Carrier” refers to any independent transportation provider utilized by XPL to execute services on behalf of the Customer. This includes, without limitation, motor carriers, railroads, ocean liners, air freight providers, intermodal operators, owner-operators, equipment lessors, and warehousing agents.
Brokerage Capacity: XPL operates solely as a federally licensed freight broker (FMCSA MC No. 1730101) and does not function as a Carrier. As such, XPL coordinates freight transportation through third-party Carriers and, where applicable, may facilitate payments related to those services.
Legal Compliance: Customers are solely responsible for complying with all applicable local, federal, and international laws and regulations. This includes but is not limited to statutes governing hazardous materials, customs processes, import/export controls, economic sanctions, and international trade restrictions. Customers must furnish all documentation required to demonstrate and support compliance.
Sanctioned Entities and Restricted Cargo: By requesting services, Customers represent and warrant that neither they nor their representatives appear on any governmental denied party or restricted entity list. XPL will not provide services involving sanctioned countries, parties, or goods unless formal written authorization from the relevant authorities is secured and XPL has explicitly agreed in writing to perform such services.
Authorized Agents: Any individual or entity acting on the Customer’s behalf shall be presumed to possess the legal authority to bind the Customer to these Terms and to coordinate shipment activities accordingly.
Indemnification: XPL shall bear no responsibility for the Customer’s failure to comply with legal or regulatory requirements. The Customer agrees to indemnify, defend, and hold XPL harmless from any and all penalties, damages, losses, claims, liabilities, and associated legal expenses resulting from such noncompliance.
Privacy and Data Responsibility: If the Customer shares any personally identifiable information (“PII”) with XPL, they affirm that they have secured all legally required consents and will only disclose data necessary for business operations. XPL will handle such data in accordance with its published Privacy Policy.
Severability: If any provision within these Multi-Transport Terms or the General Terms is deemed unlawful, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
Survival of Terms: The obligations, representations, and indemnities contained herein shall survive the termination of any agreement or service arrangement between the Customer and XPL. Only the specific XPL entity that performs the service shall bear legal responsibility for it; no other affiliate or related entity of XPL shall assume liability.
Shipments by Other Modes (Excluding LTL, Warehousing, and Heavy Haul)
For air freight shipments where XPL Global issues its own air waybill in the capacity of an indirect air carrier, the terms and conditions outlined in that specific waybill shall govern the shipment. In the absence of such a waybill, the Multi-Transport and General Terms will apply by default, and the Customer’s obligations with respect to the Carrier shall be dictated by the applicable Carrier Rules. In the case of international ocean freight shipments where XPL Global operates as a Non-Vessel Operating Common Carrier (NVOCC), the governing terms shall be those set forth in XPL’s ocean bill of lading and corresponding tariff. For all other modes and scenarios, the responsibilities of the Customer and the obligations of the Carrier shall fall under the jurisdiction of the respective Carrier’s published rules and policies.
Customers bear sole responsibility for ensuring adherence to all applicable terms, including, but not limited to, liability limitations, claims procedures, commodity-specific restrictions, and accessorial or ancillary charges. Shipments must be accurately declared and appropriately packaged in accordance with industry and regulatory standards. Any misrepresentation or deviation in declared dimensions, weight, packaging, or requested service level may result in adjustments to charges and may incur additional costs. Rate quotations provided by XPL are considered preliminary and non-binding, subject to modification based on actual shipment attributes or unexpected costs incurred during handling or transit.
All transit timeframes communicated are estimations and do not constitute a guarantee of on-time delivery. This is especially pertinent for air and ocean shipments, which may involve unique handling requirements for high-value, hazardous, perishable, or temperature-sensitive commodities. The governing Carrier Rules will apply with respect to limitations of liability, lien rights, and the procedures for filing claims. In the event of damage, delay, or loss, the Customer’s remedy is solely against the performing Carrier, and XPL shall not be held liable under such circumstances.
Import / Export / Customs-Specific Provisions
When providing import or export-related services, including customs brokerage, documentation handling, and regulatory coordination, XPL operates solely as an agent for the Customer. As such, XPL’s liability is strictly limited to the lesser of fifty dollars ($50) per occurrence or the total amount paid to XPL for the specific service rendered. Customs services, as defined under 19 C.F.R. §111.1, will not be performed without a properly executed Power of Attorney and full acceptance of these Terms. XPL is not required to file Importer Security Filings (ISFs) or perform any pre- or post-release customs procedures—including obtaining binding rulings, tracking liquidations, or filing protests—unless expressly agreed in writing and supported by full and accurate documentation from the Customer. All import/export data, declarations, and filings are prepared based exclusively on information furnished by the Customer, who bears full and sole responsibility for its accuracy, completeness, and timeliness. XPL assumes no liability for errors, omissions, or delays caused by customer-provided information unless gross negligence or willful misconduct is affirmatively proven. The Customer agrees to indemnify, defend, and hold harmless XPL from and against any fines, penalties, legal claims, bond liabilities, or damages—including those resulting from delayed or inaccurate filings or failures to meet regulatory documentation requirements—regardless of whether XPL's partial negligence contributed. Where XPL posts customs bonds, the Customer agrees to indemnify XPL for any resulting liabilities. XPL disclaims all responsibility for increased duties, penalties, or reclassifications by Customs and Border Protection (CBP), and will not be held liable for any estimates or suggestions provided in good faith regarding Harmonized Tariff Schedule (HTS) classifications or duty rates, which remain subject to revision by CBP at any time. Customers remain solely liable for verifying final classifications and compliance with licensing, valuation, marking, and other applicable import/export laws. XPL does not retain documentation beyond what is required under applicable law, and the Customer is solely responsible for compliance with recordkeeping obligations under 19 U.S.C. §§ 1508 and 1509. In accordance with 19 C.F.R. § 111.29(b)(1), XPL notifies Customers that payment to the broker does not relieve the importer of record of financial responsibility to CBP; therefore, payment by check directly to “U.S. Customs and Border Protection” is encouraged to ensure proper settlement. XPL is not liable for any loss, delay, misdelivery, or damage caused by third-party Carriers, brokers, or agents engaged in the shipment process. The Customer explicitly authorizes XPL to appoint third-party customs brokers, freight forwarders, or documentation agents on their behalf and agrees to be bound by the terms and limitations of such parties, including any liability restrictions.
LESS-THAN-TRUCKLOAD (LTL)
11. The following terms govern all shipments of Goods transported under Less-Than-Truckload (LTL) services:
Parties Involved
• The Customer is the responsible party for any Goods arranged for transport.
• XPL Logistics operates exclusively as a freight broker and does not function as a motor carrier.
• XPL facilitates transportation by arranging for licensed Carriers to move the Customer’s Goods.
Tariffs and Carrier Rules
• If any conflict arises between the terms of a contract between XPL and the Customer and the Carrier Rules effective at the time of shipment, the Carrier Rules take precedence.
• In the absence of such conflict, the General Terms and Multi-Transport Terms will govern.
• It is the Customer’s sole responsibility to request and review applicable Carrier Rules.
• XPL is not obligated to provide Carrier Rules to the Customer.
Bills of Lading (BOL)
• XPL will issue the appropriate Bill of Lading, which must be presented to the Carrier at pickup.
• Use of unauthorized or altered BOLs is strictly prohibited.
• All supporting documentation must be attached to or packaged with the shipment.
• If the correct BOL is not used, XPL reserves the right to amend or replace it at the Customer’s expense.
• Improper BOL usage may result in the cancellation of the transaction.
• XPL has no obligation to pay or honor quotes in the following cases:
– A BOL has been used or modified without authorization
– Freight was tendered to a Carrier not arranged by XPL
– A BOL not approved by XPL and/or the Carrier was used
Determination of Charges
• The Customer is responsible for all charges related to their shipment. These may include:
– Transportation fees
– Fuel surcharges
– Accessorial and post-shipment charges
– Any government-imposed taxes or penalties
• Shipment pricing is based on the following criteria:
– Carrier Rules
– Classification under the National Motor Freight Traffic Association (NMFTA)
– Weight, dimensions, density, pallet count, and volume
• Additional charges may apply if:
– The original quote was based on incorrect shipment details
– Additional Carrier services were needed
– The Customer authorized services not listed on the BOL
– An incorrect or unauthorized BOL was used
• While XPL aims to notify Customers of all anticipated charges, unforeseen costs may still arise, and XPL will make reasonable efforts to communicate them promptly.
Carrier’s Lien
• The Carrier reserves a possessory lien on all shipments for amounts owed in connection with the specific freight moved.
Claims and Limitations of Liability
• XPL does not accept liability for any loss, damage, delay, or non-delivery of freight.
• All risk of loss rests solely with the Customer.
• If liability is imposed by applicable law, it is strictly limited to the brokerage fee earned on the shipment.
• XPL is not liable for the negligence of its employees or any third party.
Insurance
• Insurance is governed solely by the Carrier’s applicable policies and rules.
• Filing a claim does not suspend the Customer’s obligation to pay.
• XPL assumes no responsibility for the issuance, denial, or resolution of any claim submitted to a Carrier or insurer.
Guaranteed Services – XPL Logistics
For all Less Than Truckload (LTL) shipments, transit times commence on the day following pickup, unless the carrier specifies otherwise. Please note that guaranteed transit times exclude holidays and "no service" days, as determined by the carrier.
If the carrier does not fulfill the guaranteed service level requested, the customer must submit a written claim to XPL Logistics within fourteen (14) days from the actual delivery date. Claims received after the 14-day window will not be honored, and it will be deemed that the carrier successfully met all service obligations.
Please be aware that XPL Logistics is not liable for any additional charges or penalties resulting from a missed guarantee.
Disclaimer of Warranties
XPL Logistics provides all services “as is,” without any express or implied warranties, including, but not limited to, warranties of merchantability or fitness for a particular purpose. This applies to all shipments, warehoused goods, freight in transit, and any related services or data.
XPL does not guarantee delivery by any specific time or date. Furthermore, under no circumstances shall XPL Logistics be held liable for special, incidental, or consequential damages, including—but not limited to—loss of profits, business interruption, or income, regardless of whether such damages were foreseeable or not.
Warehousing Services
These provisions apply to services related to the storage, fulfillment, labeling, and handling of goods by the Company. Customer affirms legal possession and authority over all warehoused items and must provide accurate and complete documentation. Goods may be refused if they do not match the provided description or present a hazard.
Charges are invoiced according to agreed rates or as dictated by market conditions or warehouse-specific terms. Delinquent payments may result in the Company exercising Self Help, including the disposal or sale of goods, without liability. Customers waive any notice rights under law and assume responsibility for associated costs. Insurance on goods is solely the Customer’s responsibility.
Warehouse liability is limited to negligence and does not cover acts beyond reasonable control. Liability is capped at the fees paid for the services. Claims must be submitted within 60 days and legal action must commence within nine months of delivery or notice of damage. Warehouses hold a lien on all goods stored for outstanding charges.
Force majeure protections apply. Customers are prohibited from directly soliciting warehouse providers for twelve months following service termination. Termination requires thirty (30) days’ written notice, during which the Customer must remove all goods.
Heavy Haul Shipments
XPL serves as a broker and does not act as a motor carrier. Customers are responsible for all charges, including those related to permits, surveys, escorts, utilities, delays, and government inspections. All quotations are estimates based on available information and subject to change due to route changes, technical adjustments, or regulatory issues.
Customer is responsible for site conditions, loading and unloading, and any required equipment assembly. Liability for delays or damage is excluded, and the Company’s total liability is limited to the fees earned on the shipment. Customer agrees to indemnify and defend the Company against any claims except in cases of proven gross negligence.
Drop Trailer Services
When trailers, containers, or chassis (“Company Trailers”) are provided by XPL, the Customer is responsible for any damage while in their custody. Trailers must be maintained according to regulatory and safety standards, and usage must be reported monthly. Excessive wear will incur additional charges. All Company Trailers are owned by Victory Equipment & Services, LLC, and use is subject to Victory’s End User Terms and Conditions. Customers waive all claims and agree to indemnify XPL for any incidents except those solely caused by XPL’s negligence.