SPL Terms & Conditions

Final pricing is based on the terms and conditions listed below. In the event any of these are not applicable and require any changes, please contact us for possible price revisions.  

According to the terms of this agreement and in consideration of services provided and fees charged, the “Customer” engages Specialized Power Logistics, LLC (“SPL”) as its agent to arrange transportation services and to provide logistics advice.

Customer understands that SPL is not a carrier, but that SPL will use its best efforts to select and engage responsible carriers, warehouseman and other transportation intermediaries on behalf of the Customer. Customer understands that the terms and conditions of the storage receipts of warehouseman and contracts of carriage of the water, air or ground carriers which SPL retains will apply to Customer as if Customer had entered into those contracts itself.

Customer shall comply with all applicable laws and government regulations of any country to, from, through or over which its goods may be carried, including those relating to the packing, carriage, or delivery of the goods, and shall furnish such information to SPL as may be necessary to comply with such laws and regulations. Shipments covered by these terms and conditions are prohibited if diverted contrary to U.S. law. Customer warrants that the goods are properly marked, addressed, and packaged to withstand any contemplated method of transport. Customer, or such person or entity that originates and tenders goods for handling or transport, hereby consents to an inspection of the cargo.

1. “Specialized Power Logistics, LLC.” represents that it will make every reasonable effort to make delivery as requested. The estimated pickup or delivery time is not guaranteed. “Specialized Power Logistics, LLC.” shall not be responsible for delays or any costs due to mechanical breakdown, regulatory limitations, traffic detours, acts of God or any cause. “Specialized Power Logistics, LLC.” shall not be liable for liquidated or consequential damages for failure or alleged failure to deliver on a date certain or within any stated period of time.  Excludes any special train costs. If width is 13 ft or above special train costs may be charged. 
   
   
2. Maximum Rail Carrier Liability is $25,000.  Customer agrees to accept limited liability while in transit & moving under this agreement. Customer waives the right to full liability of cargo under Carmack law.  Customer also agrees that under this agreement, Carmack liability will limit to $25,000 per shipment. 
   
   
3. Access to Receiving Facility and Delivery Point, “Specialized Power Logistics, LLC.” will be responsible for all permits and clearance on public highways leading to the job site. Delivery shall be by trucks under their own power. All obstructions at point of origin and destination, such as overhead clearances, towing, pushing or other work required, to be provided by others.
   
   
4. At least thirty (45) days notice to be provided “Specialized Power Logistics, LLC.” to secure hauling permits, approvals, and escorts on superloads.
   
   
5. For Movement of loads exceeding 254,000#’s Gross Vehicle Weight in Texas, a state-mandated bridge evaluation will be conducted. This process can take 4 to 12 weeks for completion. This evaluation is charged on a per-bridge basis, which makes it impossible to provide a precise permit cost in advance. For estimating purposes, $3,000 has been included in your pricing structure to cover the cost of this evaluation. Upon issue of the permit, or denial of the application, the actual cost will be known and your pricing will be adjusted accordingly. This evaluation by the state will not commence without a written Purchase Order or Contract specifying “Specialized Power Logistics, LLC.” as the carrier awarded this transportation project. All permit application costs and bridge evaluation fees are invoiced to “Specialized Power Logistics, LLC.”, and re-billed to you the customer at cost plus 15%. These costs are billed regardless of whether or not the permit application is actually approved.  Any other state permit or engineering will be billed at a cost plus 15%.  
   
   
6. In-Plant clearances with sufficient compaction will be the responsibility of the shipper and/or consignee. Inadvertent damage to the surrounding property at origin or destination due to the use or non-use of the transportation equipment is the risk of the shipper/consignee. Shipper/consignee shall indemnify and hold “Specialized Power Logistics, LLC.” harmless for same, to the fullest extent of the terms of Defense, Indemnification, and Hold Harmless, below. Relocation or renovation of obstacles at origin or destination, including but not limited to curbing, railroad tracks, fencing, etc., will be at the expense of the shipper/consignee.
   
   
7. Pricing is based on contract awarded for transport of all cargo listed on your packing list/inquiry. Changes in size, weight, quantity may require price adjustment.  Pricing is based on final Rail Clearance by the railroad and pricing may be adjusted based on clearance.  
   
   
8. Pricing includes all City/County/State permits and civilian escorts required (unless noted). Police escorts are estimated for purpose of quote, and will be subject to actual cost when known & billed at actual cost if greater.
   
   
9. Delivery of all permit loads is subject to equipment availability, route surveys and permit approval.
   
   
10. Payment for services rendered shall be due upon delivery of the load (COD) unless otherwise agreed by “Specialized Power Logistics, LLC.”, in writing, in advance of delivery. If it is agreed by “Specialized Power Logistics, LLC.” that credit terms be granted payment shall be due 15 days from invoice date. Interest charges of 1% per month will accrue on any unpaid balance through & including the date of payment. Nothing in this section shall be deemed a waiver of “Specialized Power Logistics, LLC.” to assert all liens allowed under local, state and federal authority. “Specialized Power Logistics, LLC.” reserves the right to refuse to release the item(s) shipped unless and until satisfactory payment has been made by or on behalf of shipper/consignee per the terms of this agreement.
    
    
11. Neither hazardous material nor cargo containing hazardous material as defined by the US DOT will be accepted for shipment, unless identified in advance at time of quotation.
    
    
12. Unless specifically indicated under ‘Clarifications’, in the Scope of Work Document, costs for utility assistance such as Telephone, Cable, Power Specialized Power Logistics, LLC., and DOT/Municipal Signal Shops are not included. If required, these services will be invoiced as additional, at cost plus 15%.
    
    
13. It is the customer’s responsibility to ensure the cargo is able to withstand the stresses of transport, including lashing and securement, or to advise “Specialized Power Logistics, LLC.” in writing in advance, and include technical drawings, of any special requirements in lifting, handling, blocking, securing, or covering of cargo. “Specialized Power Logistics, LLC.” will not be responsible for the structural or cosmetic condition of the cargo
    
    
14. Unless otherwise specified in our Scope of Work or Quote, loading and unloading of cargo will be the responsibility of others. Shipper and consignee will be responsible for safe assembly or disassembly of “Specialized Power Logistics, LLC.”’s hauling equipment both at origin and at destination points.
    
    
15. Unless otherwise specified, charges relating to dockage, wharfage and other terminal charges will be the responsibility of the shipper / consignee. “Specialized Power Logistics, LLC.” pricing does not provide for direct discharge ship-to-truck, or F.A.S. truck-to-ship, unless otherwise specified.
    
    
16. Tarping of load is not included in this proposal unless otherwise specified.
    
    
17. Shipping cradles, blocking, and cribbing of sufficient stability, and integrity will be the responsibility of others unless otherwise specified.
    
    
18. Activities related to this movement may begin upon receipt of the signed Quote and any & all initialed attachments, received from Shipper/Consignee or their authorized agent or other person or entity representing to “Specialized Power Logistics, LLC.” that they have authority to act on behalf of or bind or speak for Shipper/Consignee.
    
    
19. Shipper / consignee shall hold “Specialized Power Logistics, LLC.” harmless for shipping delays due to weather, Act of God, or force majeure.
    “Specialized Power Logistics, LLC.”  shall be the sole determiner of whether delays are due to weather, Act(s) of God, or force majeure, and Shipper/Consignee understands and agrees that “Specialized Power Logistics, LLC.”’s determination as to whether such delays are excused is determinative, and that such is necessary because of the variety and sensitivity of goods which Shipper/Consignee choose to have transported, and each load is different and therefore may be more sensitive to certain types or severity of weather, Act(s) of God, force majeure, or other factors. The term “force majeure” shall have its broadest meaning as defined by law, and shall include, without limitation, weather, regulatory delays, war or insurrection or civil unrest or riot or terrorist act, whether domestic or foreign in origin.
    
    
20. Insurance providing coverage in USA, Mexico, Canada  is not included in this proposal. Such insurance, if any, shall be procured by Shipper/Consignee,and will not, in any circumstance, be procured by “Specialized Power Logistics, LLC.”. In the event Shipper/Consignee elects to procure insurance providing coverage in USA, Mexico, Canada, Shipper/Consignee agrees to designate “Specialized Power Logistics, LLC.” as an additional insured on the policy. Specialized Power Logistics LLC. has cargo liability coverage and we provide our projects with our maximum coverage..  We can provide a quote for additional insurance as this coverage is not full cargo value insurance coverage. 
    
    
21. These Terms and Conditions, together with the Quote, form the entire agreement of the parties. No representations of any kind which are not set forth within the Quote and Terms and Conditions shall be enforceable against “Specialized Power Logistics, LLC.”, and Shipper/Consignee expressly agrees, warrants and represents that no representations of any kind, whether express or implied, save those included within the Quote and Terms and Conditions, have been made by or on behalf of “Specialized Power Logistics, LLC.” or its owners, agents, employees, or assigns, and further, that Shipper/Consignee has not relied upon any express or implied representations made by or on behalf of “Specialized Power Logistics, LLC.”, or its owners, agents, employees, or assigns.
    
    
22. Shipper/Consignee understands and agrees that “Specialized Power Logistics, LLC.” reserves the right to broker or subcontract loads as deemed necessary and appropriate within the sole discretion of “Specialized Power Logistics, LLC.”. These Terms and Conditions shall apply with regard to any brokered or subcontracted load.
    
    
23. In the event one or more terms, conditions, clauses, rights, or responsibilities set forth herein are deemed unenforceable for any reason, remaining terms and conditions shall remain in full force and effect.
    
    
24. Client agrees to indemnify, defend and save Specialized Power Logistics, LLC.  harmless from and against any and all losses, claims, suits, damages, liabilities and expenses (including without limitation reasonable attorneys’ fees) based upon, arising out of or attributable to Client’s negligence or failure to adhere to its obligations under this Agreement. In the event an action is instituted against Specialized Power Logistics, LLC.  and/or its subcontractors arising out of this Agreement and attributable to Client’s negligence, Client agrees to take up the defense and pay any judgment recovered including costs and the payment of a reasonable attorney’s fees
    
    
25. In the event “Specialized Power Logistics, LLC.” employs legal counsel to enforce any rights under this contract, including but not limited to the collection of freight charges, cost and interest as herein provided, “Specialized Power Logistics, LLC.” shall be entitled to payment of all actual attorney fees and collection costs incurred, whether or not legal action is instituted. For all suits, claims, causes of action or other legal proceedings arising out of goods provided or services performed by “Specialized Power Logistics, LLC.” and which are in any way related to offers or quotes made or given by “Specialized Power Logistics, LLC.”, this contract shall be interpreted under the laws of the state in which the authorized “Specialized Power Logistics, LLC.” representative signed the offer or quote, that state being Texas. Venue for all suits, claims, causes of action or other legal proceedings shall be proper in the county where the “Specialized Power Logistics, LLC.” representative was when the offer or quote was signed by said representative, which shall be Houston, Texas. Shipper/Consignee specifically agrees and accepts this choice of law and venue, and waives all right and claim to any other choice of law or venue.