Terms & Conditions

These Terms & Conditions govern all freight brokerage services provided by Finemark Inc. By tendering a shipment, requesting a quote, or otherwise engaging Finemark Inc., you agree to the terms set forth below.

1. Definitions

"Finemark" or "Broker"

Finemark Inc., a licensed property broker operating under USDOT/MC #989644.

"Shipper"

The person, company, or entity that tenders, ships, or arranges for transportation of cargo through Finemark.

"Carrier"

The motor carrier, intermodal provider, or other transportation provider engaged by Finemark to transport the Shipper's cargo.

"Shipment"

Any load, parcel, or freight tendered to Finemark for arrangement of transportation.

"Release Value"

The maximum cargo liability for any single Shipment as defined in Section 7.

2. Scope of Services — Broker, Not Carrier

Finemark is a licensed property broker only. Finemark does not own, operate, lease, or control any motor vehicles and is not a motor carrier, freight forwarder, or warehouseman. Finemark's role is limited to arranging transportation between Shipper and Carrier. Carriers engaged by Finemark are independent contractors solely responsible for the safe and lawful transportation of cargo, including compliance with all applicable federal, state, and local regulations.

3. Quotes, Rates & Capacity

All spot quote rates are based on availability at time of request only and do not guarantee truck capacity. Quoted rates are valid for the date of quote unless otherwise specified in writing. Capacity, fuel pricing, and market conditions can shift rapidly and may require requoting. Quotes on over-dimensional or oversize shipments are based upon dimensions and weight provided by Shipper; any variance between provided and actual dimensions or weight can and will affect the quoted price.

4. Fuel Surcharge

Due to the rapid changes in fuel costs, all quotes and invoices are subject to a variable fuel surcharge based on prevailing fuel market conditions at the time of delivery. Shipper may inquire for current fuel surcharge rates at the time of dispatch.

5. Payment Terms

Unless otherwise agreed in writing, all invoices are due net thirty (30) days from invoice date. Past-due balances may accrue interest at the rate of 1.5% per month (18% APR) or the maximum permitted by law, whichever is lower. Shipper agrees to pay all reasonable collection costs and attorneys' fees incurred by Finemark in collection of past-due amounts. Shipper shall not offset, deduct, or withhold payment of any invoice on the basis of a cargo claim, shortage, damage, or other dispute; all such matters shall be handled separately under Section 8.

6. Accessorials & Detention

Accessorial charges including but not limited to detention, layover, truck order not used (TONU), redelivery, driver assist, lumper fees, tarping, escorts, permits, reconsignment, and storage are billed in addition to line-haul rates. Detention typically begins after two (2) hours free time at origin and two (2) hours free time at destination unless otherwise quoted. Shipper is responsible for payment of all accessorials properly documented by the Carrier.

7. Cargo Liability & Release Value

Mexico Cargo Coverage: There is no cargo insurance in Mexico. Cargo insurance must be purchased separately before shipment tender. Door-to-door shipments do not constitute or imply coverage in Mexico. Shipper is solely responsible for arranging and verifying cross-border cargo coverage prior to tender.

8. Cargo Claims Procedure

All cargo claims for loss, damage, or shortage must be submitted in writing to Finemark within nine (9) months of the date of delivery (or date the shipment should have been delivered). Suit must be filed within two (2) years and one (1) day from the date Finemark or the Carrier provides written notice of disallowance of the claim. Claims must include: (a) bill of lading, (b) freight invoice, (c) delivery receipt noting exception, (d) detailed statement of loss with supporting documentation, and (e) photographs where applicable. Concealed damage must be reported within five (5) business days of delivery.

9. Limitation of Liability

10. Indemnification

Shipper shall indemnify, defend, and hold harmless Finemark, its officers, directors, employees, and agents from and against any and all claims, damages, losses, fines, penalties, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) Shipper's misrepresentation of cargo weight, dimensions, classification, value, or hazardous-materials status; (b) Shipper's breach of these Terms; (c) Shipper's failure to properly load, block, brace, secure, or label cargo; or (d) any cargo that is illegal, contraband, or undeclared hazardous material.

11. Hazardous Materials & Restricted Commodities

Shipper must disclose in writing at time of tender any cargo that is hazardous, regulated, temperature-controlled, high-value (over $100,000), or otherwise restricted. Failure to disclose voids all cargo coverage and shifts all liability to Shipper. Finemark reserves the right to refuse any shipment.

12. Force Majeure

Neither party shall be liable for any delay or failure in performance due to causes beyond its reasonable control, including acts of God, weather, natural disasters, pandemic, war, terrorism, civil unrest, strikes, governmental action, port closures, fuel shortages, road closures, or carrier equipment failure not attributable to negligence.

13. Website Use

Use of www.finemarkgroup.com is subject to the following: (a) Eligibility — you must be at least 18 years old to use the website or services; (b) Permitted Use — the website may be used only for lawful purposes and in compliance with these Terms; (c) Prohibited Actions — users may not engage in unauthorized access or hacking of Finemark's systems, transmit malicious software or harmful content, or copy or distribute content from the website without permission. Finemark may terminate or restrict access to the website or services without notice for violation of these Terms or unlawful behavior.

14. Intellectual Property

All content on www.finemarkgroup.com, including text, graphics, logos, images, and software, is the property of Finemark Inc. or its licensors and is protected by copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, or create derivative works from Finemark's content without prior written consent.

15. Communication Consent

By providing your phone number or email address, you consent to receive communications from Finemark Inc., including operational, transactional, marketing, and promotional messages. You may opt out of marketing communications at any time by contacting Finemark or using the opt-out options provided in the communications. Operational and transactional messages related to active shipments will continue regardless of marketing opt-out.

16. Governing Law & Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Indiana and applicable federal law (49 U.S.C. § 14101 et seq.), without regard to conflict-of-law principles. Any action arising out of or related to these Terms shall be brought exclusively in the state or federal courts located in Allen County, Indiana, and the parties consent to personal jurisdiction and venue therein.

17. Entire Agreement & Modification

These Terms, together with any rate confirmation, written agreement, or quote signed by an Officer of Finemark, constitute the entire agreement between the parties with respect to the subject matter and supersede all prior or contemporaneous communications, representations, or agreements. Any terms printed on Shipper's bill of lading, purchase order, or other document that conflict with or add to these Terms are expressly rejected and shall not be binding on Finemark unless agreed to in writing by an Officer of Finemark. Finemark reserves the right to update these Terms at any time; the version posted at www.finemarkgroup.com at the time of tender shall control.

18. Severability

If any provision of these Terms is held unenforceable, the remaining provisions shall continue in full force and effect, and the unenforceable provision shall be modified to the extent necessary to make it enforceable while preserving the parties' original intent.