Legal

Terms of Service

Last updated: June 10, 2024  ·  TW INC Transportation LLC

1. Agreement to Terms

By engaging TW INC Transportation LLC (“TW INC,” “Carrier,” “we,” or “us”) to transport freight, applying for employment, or using our website at twinc.com, you (“Shipper,” “Broker,” or “you”) agree to be bound by these Terms of Service (“Terms”). These Terms, together with any applicable rate confirmation or transportation agreement, constitute the entire agreement between the parties for the transportation of property.

TW INC operates under USDOT 3860157 and MC 1409884, licensed by the Federal Motor Carrier Safety Administration (FMCSA) to provide for-hire motor carrier transportation services throughout the contiguous 48 United States.

2. Services

TW INC provides the following freight transportation services:

  • 53′ Dry Van — general commodities, palletized freight, drop & hook, live load
  • Cargo Van / Sprinter — expedited shipments up to approximately 3,500 lbs
  • Power Only — Carrier provides tractor only; Broker/Shipper provides trailer
  • Dedicated Lanes — contracted capacity on fixed origin/destination pairs
  • OTR & Regional — long-haul and regional coverage across all 48 contiguous states

TW INC reserves the right to decline any shipment at its sole discretion, including but not limited to: hazardous materials requiring special permits not held by Carrier, freight exceeding legal weight or dimension limits, or shipments that pose safety or compliance risks.

3. Rates and Payment

3.1 Rate Confirmation

All agreed rates are documented in a written Rate Confirmation Sheet signed by both parties prior to dispatch. Verbal rate agreements are not binding unless confirmed in writing. Carrier rates are quoted exclusive of any fuel surcharges, accessorial charges, or detention fees unless specifically included in the Rate Confirmation.

3.2 Accessorial Charges

The following accessorial charges apply unless waived in writing:

  • Detention: $60/hour after 2 free hours at shipper or consignee
  • Layover: $350/day when a driver is held overnight through no fault of Carrier
  • TONU (Truck Ordered Not Used): 25% of agreed linehaul rate
  • Redelivery / Reconsignment: Actual costs plus applicable linehaul rate
  • Lumper / Unloading: At actual cost, billed directly to Broker/Shipper

3.3 Payment Terms

Unless otherwise specified in a written agreement, invoices are due Net 30 days from date of delivery and submission of clean Proof of Delivery (POD). Invoices unpaid after 30 days accrue interest at 1.5% per month. Carrier reserves the right to place a lien on freight in accordance with applicable state law for unpaid charges.

4. Carrier Liability & Insurance

4.1 Cargo Liability

TW INC’s liability for loss of or damage to freight is governed by the Carmack Amendment (49 U.S.C. § 14706) and is limited to the actual value of the cargo at destination, not to exceed $100,000 per occurrenceunless a higher value is declared in writing and additional charges are agreed upon prior to pickup. Carrier’s liability is further subject to the following exclusions:

  • Acts of God, public enemy, or authority of law
  • Inherent vice or defect of the commodity
  • Improper packing or loading by Shipper
  • Delay claims (Carrier is not liable for consequential damages from delay)

4.2 Insurance Coverage

TW INC maintains the following minimum insurance coverage:

  • Public Liability & Property Damage: $1,000,000 per occurrence (FMCSA-required minimum for property carrier)
  • Cargo Insurance: $100,000 per occurrence for dry van freight
  • Workers’ Compensation: As required by the State of North Carolina

A Certificate of Insurance (COI) naming the requesting Broker or Shipper as an additional interested party is available upon written request. Carrier does not accept broker or shipper requirements to name them as additional insured unless agreed in a separate written contract.

4.3 Freight Claims

All freight claims must be filed in writing within 9 months of the date of delivery (or scheduled delivery for non-delivery claims), as required by 49 U.S.C. § 14706(e). Claims not filed within this period are time-barred. Civil actions for freight claims must be commenced within 2 years of the date Carrier disallows the claim in writing. Claims should be submitted to:
claims@twinc.com or via certified mail to the address below.

5. Prohibited Commodities

TW INC does not accept for transportation without prior written authorization:

  • Hazardous materials requiring placards (unless Carrier holds applicable permits)
  • Household goods (Carrier is not licensed as a household goods mover)
  • Live animals or plants
  • Human remains
  • Currency, negotiable instruments, or precious metals
  • Illegal contraband of any kind
  • Temperature-controlled freight (Carrier does not operate reefer equipment)

6. Compliance with Laws

TW INC operates in full compliance with all applicable federal and state regulations, including but not limited to:

  • Federal Motor Carrier Safety Regulations (49 CFR Parts 380–399)
  • FMCSA Electronic Logging Device (ELD) mandate (49 CFR Part 395)
  • Federal Motor Carrier Commercial Regulations (49 CFR Parts 370–379)
  • FMCSA Drug and Alcohol Clearinghouse requirements (49 CFR Part 382)
  • DOT driver qualification and hours-of-service rules

Shipper and Broker represent that all freight tendered to Carrier is accurately described, properly classified, packaged, and marked in compliance with applicable regulations, including DOT hazmat regulations where applicable.

7. Driver Employment Terms

7.1 Minimum Qualifications

All TW INC drivers must meet the following minimum qualifications:

  • Valid CDL-A license (CDL-B for cargo van positions)
  • Minimum 1 year of verifiable OTR or regional driving experience
  • Clean MVR: no more than 2 moving violations in the past 3 years; no DUI/DWI in the past 5 years
  • Must pass a DOT pre-employment physical examination and drug screen
  • Must be registered with the FMCSA Drug and Alcohol Clearinghouse
  • 23 years of age or older

7.2 Independent Contractors

Owner-operators engaged by TW INC as independent contractors enter into a separate Independent Contractor Agreement that governs compensation, equipment standards, insurance requirements, and operational responsibilities. Nothing in these Terms creates an employer-employee relationship for independent contractor engagements.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TW INC’S AGGREGATE LIABILITY TO ANY PARTY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE TRANSPORTATION SERVICES SHALL NOT EXCEED THE LESSER OF: (A) THE FREIGHT CHARGES PAID FOR THE SPECIFIC SHIPMENT GIVING RISE TO THE CLAIM, OR (B) THE APPLICABLE CARGO LIABILITY LIMIT STATED IN SECTION 4.1. IN NO EVENT SHALL TW INC BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES.

9. Indemnification

Broker and Shipper shall defend, indemnify, and hold harmless TW INC and its officers, employees, drivers, and agents from and against any claims, losses, or expenses (including attorneys’ fees) arising from: (a) Broker’s or Shipper’s negligence or breach of these Terms; (b) inaccurate freight descriptions or improper packaging; or (c) violation of applicable laws by Broker or Shipper.

10. Dispute Resolution

The parties agree to attempt in good faith to resolve any dispute informally within 30 days of written notice. If not resolved, disputes shall be submitted to binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, with proceedings conducted in Mecklenburg County, North Carolina. The award may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of North Carolina and applicable federal law (including the Carmack Amendment), without regard to conflict-of-law principles.

12. Modifications

TW INC reserves the right to modify these Terms at any time. Updated Terms will be posted on our website with a revised effective date. Your continued use of our services after such posting constitutes acceptance of the modified Terms.

13. Contact

TW INC Transportation LLC
128 S Tryon St, 19th Floor
Charlotte, NC 28202
DOT: 3860157  |  MC: 1409884
Phone: (888) 343-9272
Email: legal@twinc.com