Terms and Conditions

TERMS AND CONDITIONS OF SERVICE

  1. Definitions. “STG” means Superior Transport Group Inc and “Customer” means you, the person or entity engaging STG for its services, including any of your employees, agents, divisions, entities, subsidiaries or affiliates. STG and Customer may be referred to individually as a “Party” and collectively as the “Parties.” The “Agreement” shall mean these Terms and Conditions of Service.
  2. Services. STG will arrange for the transportation of shipments (such arrangement, the “Services”) of Customer’s cargo (each, a “Shipment”) pursuant to the terms of this Agreement. STG will perform the Services solely in its capacity as a property broker authorized by the Federal Motor Carrier Safety Administration under docket number MC-689893. STG is not a motor carrier and does not take possession of cargo. The transportation of Shipments tendered to STG will be performed by third party motor carriers, air carriers, rail carriers, freight forwarders, and other transportation providers or arrangers (collectively, “Carriers”).
  3. Non-Exclusive/No Minimums. Customer may seek the services of other third-party logistics providers and is not required to tender any minimum number of shipments to STG. STG may perform services for any third-party and is not required to perform any minimum amount of services for Customer, nor is STG required to accept any particular shipment from Customer. Either Party may suspend the Services at any time, provided that Customer shall pay for all shipments for which STG has provided all or partial Services.
  4. Credit Approval. Payment terms and credit limits are subject to credit approval, which shall be determined from time to time and in STG’s sole discretion. Customer grants STG the continuing right to perform credit and background checks, and reviews of Customer and its financial data, as STG deems necessary. STG reserves the right to grant, refuse or change credit terms in its sole discretion and without prior notice.
  5. Payment. Customer will pay STG the amounts mutually agreed to by the Parties by commercially reasonable means, including via STG’s customer-facing online or mobile applications or via email or telephone. If STG provides Services for which no mutually agreed upon rate is established, then Customer agrees to pay the amount set forth in STG’s invoice(s). In addition, Customer shall be responsible for payment of all fees and charges related to accessorial services not foreseen or reasonably required at the time the Parties agreed to rates, but which are performed by STG or the Carrier with respect to a Shipment, as well as any additional fees, surcharges and taxes (other than STG’s income tax) arising from or related to any services rendered, even if such costs are set out in an amended or second invoice. Customer shall pay all invoices within thirty (30) days of the invoice date, without reduction or setoff. When paying by credit card or electronic funds, Customer agrees it will be responsible for all bank or credit card fees, which may be automatically debited from Customer’s credit card or bank account. If Customer fails to make full and timely payment, STG may decline to provide Services and Customer’s account may be referred for collection. Invoices that are past due shall be subject to an interest charge of twelve percent (12%) per annum or the maximum allowed by applicable law, if less than twelve percent (12%). Customer shall also pay all reasonable costs, attorneys’ fees and expenses STG incurs to enforce its rights to collect its rates and charges hereunder. Unless disputed in writing by Customer within sixty (60) days from the date of invoice, the Customer will be deemed to have conclusively accepted and approved such invoice and waives any right to dispute such invoice.
  6. Compliance: Customer represents and warrants that it: (a) is and will be in compliance with all applicable

laws, rules, orders, executive orders, and regulations, including, but not limited to those applicable laws of any country to, from, through or over which the Shipment may be transported; (b) is the owner of the cargo or otherwise authorized to tender the Shipment to STG, to arrange the Services in accordance with this Agreement and to make decisions about the Shipment,(c) is the proper party to receive payment on a claim for loss, damage or delay to the cargo (if any); (d) will ensure that the cargo is accurately and

completely described, classified, packaged, labeled, and placarded; (e) all information it provides to STG is truthful, accurate and complete; and (f) is responsible for properly and safely loading and securing all cargo that is loaded outside of the presence of Carrier personnel, regardless of whether notated as “shipper load and count” or similar designation. Customer shall advise STG at the time of tender if a Shipment is valued over $100,000. Although STG may provide a form bill of lading for use in transportation, Customer shall provide all information for preparation of the bill of lading and Customer shall be considered the preparer of the bill of lading and the offeror of any cargo. Placing STG’s name on a bill of lading shall not change STG’s status as a broker. STG shall have no liability for any loss, damage or expense due to Customer’s failure to comply with this section (including subparts below) and Customer shall defend, indemnify and hold STG harmless for any loss, damage or expense (including reasonable costs and attorneys’ fees) arising from or related to a violation of this section (including subparts below). Without limiting the foregoing in any way:

  1. if Customer tenders hazardous materials or dangerous goods for transportation, Customer shall be solely responsible for complying with all applicable laws, rules, and regulations with respect to such cargo and must provide all necessary notice and documentation, including but not limited to a Safety Data Sheet (“SDS”), at the time of its request for Services.
    1. if Customer tenders any cargo intended for human or animal consumption, Customer shall be solely responsible for all obligations of a shipper set forth in any applicable law, rule or regulation, including, but not limited to 21 C.F.R. 1.900 et. seq. and Customer shall be solely responsible for communicating any food handling instructions or notices on a per shipment basis in writing at the time of its initial request for Services; in the absence of any such written instruction or notice, neither STG nor Carriers shall have any liability related to or arising from failure to exercise any specialized handling including, but not limited to, controlled temperature transportation.
    1. Customer represents and warrants that it: (i) and its officers, directors and managers are not and will not be, a person or entity with whom U.S. persons or entities are restricted from doing business under applicable law, including but not limited to, the USA Patriot Act of 2001 or the regulations of the Office of Foreign Assets Control, Department of the Treasury (“OFAC”) and (ii) is not entering into this Agreement and no shipment shall be tendered to STG, directly or indirectly, in violation of any laws relating to drug trafficking, money laundering or predicate crimes to money laundering.
  2. Independent Contractors. STG and Customer shall be independent contractors in their respective performance of this Agreement and nothing in this Agreement shall create a partnership, joint venture, subcontractor or employer-employee relationship. Customer does not exercise or retain any control or supervision over STG, its operations, or employees and has no authority to bind STG to any contract, debt or obligation. STG and Carriers are independent contractors and, as such, STG does not control any Carrier’s performance nor does it have control over Carrier’s personnel or equipment. Carriers (including their employees, agents or representatives) are not partners, joint venturers, employees, agents, or subcontractors of STG and no Carrier has authority to bind STG to any contract, obligation or liability.
  3. Carriers: Except as expressly set forth herein, STG makes no warranties or representations as to the manner or terms of a Carrier’s services and does not guarantee that any Carrier satisfies any specific customer requirement, obligation or standard.
  4. Delivery: STG shall require Carriers to provide services with reasonable dispatch. All displayed or provided transit times are estimates and do not include the day of pickup, holiday and/or no service days as defined by the individual Carrier. STG does not guarantee delivery by any specific date or time and will have no liability for delay in pick-up or delivery of cargo except to the limited extent expressly assumed in this paragraph. Notwithstanding the foregoing, STG may agree to arrange shipments with a guaranteed delivery date, but only if requested by Customer in writing prior to the time of tender, STG accepts such guaranteed delivery date in writing, and Customer pays an additional fee for such guaranteed delivery

services (the “Guaranteed Service Fee”). If a Carrier fails to comply with the guaranteed services requirements, the Customer shall have fourteen (14) days from the actual delivery date of the Shipment to file a written claim with STG. If STG does not receive a timely claim, then guaranteed service requirements will be deemed satisfied conclusively and the claim will be denied. If the Carrier fails to timely deliver a shipment when using the guaranteed delivery service, Customer’s sole remedy will be a refund of the Guaranteed Service Fee for such shipment.

  1. Shipping Documents. This Agreement shall control over any contradictory term in any bills of lading, rate

confirmations, shipment tenders, proofs of delivery or similar documentation (collectively “Shipping Documents”). Shipments, and the underlying Carrier’s services, may be subject to the Carrier’s terms and conditions, tariff, circular, or similar document (collectively, “Tariffs”), in which case, the Tariffs shall control as to the Carrier’s services and liability. Customer is responsible for obtaining, reviewing and understanding the terms of such Tariffs. Customer expressly waives its rights under 49 CFR §371.3, including its right to review STG’s payments to or rates negotiated with Carriers. The Parties expressly waive all rights and remedies under Title 49 U.S.C., Subtitle IV, Part B to the extent that it conflicts with this Agreement.

11.   Cargo Loss, Damage or Delay For Domestic, Surface Shipments.

  1. In the event of a loss, damage, shortage, theft or delay to cargo (collectively, “Cargo Loss”) while in the care, custody or control of a Carrier, upon Customer’s request, STG shall assist Customer in the filing and resolution of a claim with the Carrier. STG shall require that Carriers be liable for loss, damage or delay to cargo in accordance with 49 U.S.C. §14706. The claims process shall be governed by 49 CFR Part 370. All claims must be presented by Customer to STG within nine (9) months of the delivery date or the claim is waived; provided that concealed damage claims must be presented to STG within five

(5) days of the delivery date. Customer shall timely provide all information necessary to submit and enforce any such claim and shall cooperate with STG’s reasonable requests related to such claims. The minimum amount for any claim for loss, damage or delay shall be $50 per less than truckload (“LTL”) shipment and $250 per all other shipment types, including but not limited to full truckload, partials, intermodal (after any applicable limit of liability is applied). The filing of a claim does not relieve Customer of any responsibility for payment of STG’s invoice(s).

  • Customer agrees that a Carrier’s liability for Cargo Loss shall be the lesser of: (a) any limit or disclaimer of liability for Cargo Loss by tariff, by contract, under any applicable law, or as set forth in the shipping documentation; or (b) (i) $100,000 per occurrence for domestic, full truckload shipments or (i) $50,000 per occurrence or $2 per pound for all other modes of transportation.
    • STG shall not be liable for any Cargo Loss except if caused by STG’s gross negligence or willful misconduct. Under no circumstances shall STG be liable for: (a) the acts or omissions of the Carrier, Customer or third parties; (b) the nature of the Shipment or inherent vice of the cargo or any defect in the cargo; (c) improper packaging, breakage, or wear and tear; (d) leakage or failure to detect concealed damage; (e) lack of or failure of equipment; (f) the selection of a Carrier for a particular shipment; or (g) storages charges, wrecker fees, charges related to port congestion or labor shortages. If STG is liable for Cargo Loss its liability shall be limited to the lesser of (a) the charges invoiced (or to be invoiced) by STG for the Shipment at issue or (b) $2,500.
    • If Customer requires coverage beyond the limits of liability set forth in this Agreement, Customer may purchase supplemental cargo insurance for its shipment , which request is only deemed accepted if Customer pays an additional cost for such coverage. The terms of the supplemental insurance coverage shall be governed by the relevant insurance policy. All such insurance is provided by third parties, as STG is not an insurer or an insurance producer. STG is not liable for selecting insurance, paying for coverage, paying any deductibles or any decision to deny or pay a claim covered by such insurance.


  1. Limitation of Liability. EXCEPT TO THE EXTENT PROHIBITED BY LAW, STG SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOST REVENUE OR LOSS OF GOODWILL, INCLUDING, BUT NOT LIMITED TO, CLAIMS ARISING FROM OR RELATED TO LOST PROFITS OR BUSINESS INTERRUPTION, REGARDLESS OF WHETHER STG HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. EXCEPT FOR MATTERS OF CARGO LOSS AND DAMAGE WHICH HAVE THEIR OWN LIMIT OF LIABILITY PURSUANT TO SECTIONS 11, 15 & 16 AND FOR MATTERS OF GUARANTEED SERVICES WHICH HAS ITS OWN LIMITATION OF LIABILITY PURSUANT SECTION 9, UNDER NO CIRCUMSTANCES SHALL STG’S LIABILITY FOR ANY MATTER ARISING FROM OR RELATING TO THIS AGREEMENT OR THE SERVICES PROVIDED HEREUNDER, REGARDLESS OF THE CAUSE OF ACTION, EXCEED THE LESSER OF (A) THE AMOUNTS PAID TO STG BY CUSTOMER UNDER THIS AGREEMENT DURING THE 6 MONTHS BEFORE SUCH LIABILITY AROSE OR (B) $250,000. THE FOREGOING LIABILITY CAP WILL APPLY EVEN IF CUSTOMER’S REMEDIES UNDER THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. CUSTOMER ACKNOWLEDGES THAT ALL OF THE LIMITS OF LIABILITY SET FORTH IN THIS AGREEMENT ARE NECESSARY FOR STG TO PROVIDE COMPETITIVE RATES AND SERVICES; THEREFORE, ALL LIMITS OF LIABILITY CONTAINED HEREIN ARE MATERIAL TERMS OF THIS AGREEMENT.
  2. Lien. STG shall have a general and continuing lien on the Shipment for all sums due relating to the

Shipment or any amounts otherwise owed by Customer regardless of whether such amounts relate to prior shipments. The Customer authorizes STG to advise third-parties of asserted liens and to hold possession of any shipment against which a lien is asserted. If Customer fails to make payment arrangements or post security to STG’s satisfaction, STG will have the right to sell the Shipment in accordance with any commercially reasonable methods and will remit to Customer any net proceeds after the sale which exceeds the total amount owed (including any costs of sale, and accrued unloading, loading and storage charges).

  1. Disclaimer of Warranties. THE SERVICES ARE PROVIDED “AS IS.” EXCEPT AS PROHIBITED BY LAW, STG MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR REGARDING SHIPMENTS.
  2. Air, Ocean & International Transportion. For all air and ocean shipments, Customer agrees to the terms and conditions found on the seperate Air, Ocean & International terms and conditions. The Air & Ocean Terms hereby incorporate the terms of this Agreement. To the extent that any provision of the Air & Ocean Terms conflict with this Agreement, the Air & Ocean Terms shall control.
  3. Mexico & Cross Border Shipments. For all shipments traveling within Mexico or to/from the United States of America (“US”) or Canada and Mexico, Customer agrees to the terms and conditions found on the MX specific terms and conditions. The Mexico Terms hereby incorporate the terms of this Agreement. To the extent that any provision of the Mexico Terms conflict with this Agreement, the Mexico Terms shall control. Please note, as more fully set forth in the Mexico Terms, you should not expect any insurance or liability recovery for shipments within Mexico or to/from the US or Canada and Mexico. STG offers supplemental cargo insurance coverage, but such coverage is for cargo only and is not considered bound until you receive confirmation from an STG representative and receive a copy of the certificate of insurance for the shipment. In the US, carriers are required to have cargo insurance coverage of $100,000 for transit only from the applicable to destination or vice versa.
  4. Forum Selection and Choice of Law. Any claim, dispute or litigation relating to this Agreement shall be exclusively filed in a state or federal court located in Cook County, Illinois and shall be subject to federal law or, if federal law does not apply, then Illinois law without reference to conflict of law rules. The parties waive any challenge or defense to personal (but not subject matter) jurisdiction of, or venue in, any such court. If Customer files an action in violation of this provision, STG shall be entitled to reimbursement of all attorneys’ fees and costs incurred in connection with dismissing the action for improper venue or

transferring the action to the venue set forth herein. STG AND CUSTOMER WAIVE THE RIGHT TO A TRIAL BY JURY.

  1. Entire Agreement. Unless the Parties have entered into a shipper broker agreement or similar

transportation management agreement which disclaims applicability of this Agreement, and is executed by STG’s in-house legal counsel or vice-president level (or higher) employee, this Agreement shall apply to all Services provided by STG. STG reserves the right to change the terms of this Agreement by mailing notice to Customer. This Agreement is the entire agreement between the Parties on this subject and supersedes all prior or contemporaneous written or oral representations or agreements between the Parties on this subject.

  1. Severability. In the event that the operation of any portion of this Agreement results in a violation of any law, or any provision is determined by a court of competent jurisdiction to be invalid or unenforceable, the Parties agree that such portion or provision shall be severable and shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and that the remaining provisions of the Agreement shall continue in full force and effect.
  2. General. STG’s failure to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by STG in writing.
  3. Force Majeure. Neither Party shall be liable for a default in the performance or discharge of any duty or obligation under this Agreement (other than payment of invoices) when caused by acts of God, public enemy, labor disputes and disorders, lockouts, strikes, work stoppages, fire, floods, windstorms, corruption, earthquakes, tidal waves, tornadoes, hurricanes, civil commotion, pandemic, epidemic, closing the public highways, intentional or malicious acts of third persons, acts or orders of governmental authorities or any other matters beyond the reasonable control of the Parties.
  4. Contact. Customer agrees that STG may contact Customer by telephone, text message (including by an automatic telephone dialing system and/or with an artificial or pre-recorded voice) or by email at any phone number or email for marketing purposes. Customer is not required to give this consent as a condition of purchasing or using any goods or services from STG.

AIR, OCEAN & INTERNATIONAL TERMS & CONDITIONS

  1. Air & Ocean Transportation. Customer hereby appoints STG to act as its true and lawful agent for the purpose of managing the transportation of Customer’s goods, on Customer’s behalf, in air, ocean and international commerce. STG hereby accepts Customer’s appointment as its agent and agrees to perform as such according to these terms and conditions. Customer shall provide STG all information necessary for STG to perform the managed transportation services as agent of Customer and further shall at all times comply in full with any and all requirements of applicable laws, rules, and regulations pertaining to Customer’s products, sales, distribution, operations, tender for transportation, import and export activities. STG shall only bear liability to Customer in its capacity as agent to the extent of harms resulting from STG’s sole negligence or gross misconduct while acting outside STG’s scope of agency. Customer acknowledges and agrees that STG shall have no liability or indemnification obligation arising out of any claim for freight charges, demurrage, import duties, any act or omission of a Carrier, or any Cargo Loss or other claims. Customer shall defend, indemnify, and hold harmless STG, its principals, employees, and agents from and against any and all liabilities, claims, and suits, including costs and expenses (such as reasonable attorneys’ fees) to the extent such claim is arising out of or related to: (a) the acts or omissions of Customer; (b) the acts or omissions of STG when performing on behalf of and as instructed by Customer; (c) violation of applicable laws or regulations by Customer; (d) any third party claim, including for payment of amounts owed regarding goods or services for which Customer received or was intended to receive benefit; or (e) breach of the terms of this Agreement.
  2. Air Cargo Liability. Carrier’s liability for Cargo Loss for Shipments transported by domestic or

international air shall be pursuant to the Convention for Unification of Certain Rules for International Carriage by Air, signed at Montreal on 28 May 1999 (“Montreal Convention”) regardless of the jurisdiction(s) of performance. Such liability shall exist from the time the cargo is tendered to a Carrier at the Customer’s requested point of origin, until final delivery at Customer’s requested point of delivery, as evidenced by a signed proof of delivery. The measure of the loss, damage or injury shall be the lesser of the full value of the kind and quantity of the freight so lost, damaged or destroyed or 22 special drawing rights per kilogram as set forth in Article 22 of the Montreal Convention.

  • Ocean Cargo Liability. Carrier’s liability for Cargo Loss for Shipments transported by international ocean s shall be pursuant to the Carriage of Goods by Sea Act (“COGSA”) regardless of the jurisdiction(s) of performance. Such liability shall exist from the time the cargo is tendered to Carrier at the Customer’s requested point of origin, until final delivery at Customer’s requested point of delivery, as evidenced by a signed proof of delivery. The measure of the loss, damage or injury shall be the lesser of the full value of the kind and quantity of the freight so lost, damaged or destroyed or $500 per package or customary freight unit.
  • International Cargo Liability. For all international shipments not otherwise covered by the Agreement, Carrier and STG’s liability shall be limited two dollars ($2) per pound up to a maximum of fifty thousand dollars ($50,000) per shipment for all modes of transportation.

MEXICO AND CROSS BORDER SHIPMENT TERMS AND CONDITIONS

  1. Applicability. For all shipments traveling within Mexico or to/from the United States of America

(“US”) or Canada and Mexico, these Mexico and Cross Border Shipment Terms and Conditions

(“Mexico Terms”) shall apply. The Mexico Terms hereby incorporate the terms of this Agreement. To the extent that any provision of the Mexico Terms conflict with this Agreement, the Mexico Terms shall control. All capitalized terms not otherwise defined herein shall have the meanings set forth in the Agreement.

2)     Cargo Loss, Damage, Theft, Delay.

  1. In the event of a Cargo Loss while in the care, custody or control of a Carrier, STG’s liability shall be limited pursuant to Section 11(c) of the Agreement. For all claims for Cargo Loss, STG will use commercially reasonable efforts to file a claim against Carriers and to recover documents from Carriers, third parties or government entities related to the Cargo Loss, but STG cannot guarantee their cooperation. For Shipments where the Cargo Loss occurs in Mexico or, for cross border shipments, where the Cargo Loss occurs (i) before reaching the first cross dock, yard or warehouse in the US for northbound shipments; (ii) after it reaches the last cross dock, yard or warehouse in the US for southbound shipments: STG shall require that Carriers be liable pursuant to the applicable terms of Articles 66, 67, 68, and 69 of the Federal Road, Bridges, and Auto-transportation Law of Mexico, and the sole exhibit “Conditions for the Provision of Services Covered by the Bill of Lading Supplement” of the decree updating the Bill of Lading Form for Federal Motor Carrier Transportation and Ancillary Services. Customer must timely request the filing of a claim for Cargo Loss in accordance with applicable Mexican law. For all shipments crossing the border between the US and Mexico, any Cargo Loss shall be presumed to have occurred in Mexico, unless Customer can establish by a preponderance of evidence that the Cargo Loss occurred in the US.
    1. Please note that the liability limits under Mexican law are very low and that recovery of any

damages from a Carrier is unlikely. STG offers supplemental cargo insurance coverage, but such coverage is for cargo only and is not considered bound until you receive confirmation from an STG representative and a copy of the certificate of insurance for the shipment. If you purchase supplemental cargo insurance and experience a Cargo Loss, STG will assist in filing and managing your claim through resolution, provided that you timely file your claim in accordance with applicable law and the terms of the coverage. For all shipments crossing the border between the US and Mexico, any Cargo Loss shall be presumed to have occurred in Mexico, unless Customer can establish by a preponderance of evidence that the Cargo Loss occurred in the US.

3)     Compliance.

  1. In addition to the compliance requirements in the Agreement, the terms of this Section shall apply to Shipments traveling within Mexico and cross border shipments between the US and Mexico. Customer represents and warrants that it will comply with all applicable laws,

regulations and Mexican standard norms that may apply to Customer’s Shipments. For clarity, this includes all transportation, customs, import and export laws, regulations and Mexican norms. Unless STG has confirmed otherwise in writing, STG is not a customs broker and shall not be responsible for any customs brokerage or operations.

  • For each Shipment, Customer shall provide all required documentation to STG and Carrier, as applicable, including but not limited to, all information and documentation needed by Carrier to issue the Complemento Carta Porte. Consistent with Section 6 of the Agreement, Customer shall ensure that all such documentation and information is truthful, complete and

accurate. The information and documentation may include, but is not limited to, the value, quantity, weight, volume, and description of the cargo, pickup and delivery addresses, and other information as may be required by applicable law. In addition to any other indemnification obligations as may be set forth in the Agreement, Customer shall defend, indemnify and hold harmless STG and its Carriers from any obligation, fine, sanction, cost, expense, and/or liability arising from, related to or caused by untruthful, inaccurate or incomplete information or documentation provided by Customer.

  • To the extent that Customer requests Services related to food Shipments, in addition to any other applicable obligations set forth in the Agreement, Customer shall comply with all applicable laws, regulations and Mexican Standard Norms, including but not limited to, the Ley General de Salud, Norma Oficial Mexicana -251-SSA-2009; Norma Oficial Mexicana– 94 SCFI-2015; as applicable Norma Oficial Mexicana NOM-194-SSA1-2004, Norma Oficial Mexicana NOM-213-SSA1-2002, Norma Oficial Mexicana NOM-243-SSA1-2010, Norma Oficial Mexicana NOM-242-SSA1-2009, and Norma Oficial Mexicana NOM-201-SSA1-2002, and any applicable laws and regulations contained within the Reglamento de Control Sanitario de Productos y Servicios.To the extent Customer requests Services related to hazardous materials, in addition to any other applicable obligations set forth in the Agreement, Customer shall comply with all applicable laws, regulations and Mexican Standard Norms, including but not limited to the Reglamento para el transporte terrestre de materiales y residuos peligrosos, Norma Oficial Mexicana NOM-043-SCT/2003, Norma Oficial Mexicana NOM-002/1-SCT2/2009, Norma Oficial Mexicana NOM-003-SCT/2008, Norma Oficial Mexicana NOM-005-SCT/2008, Norma Oficial Mexicana NOM-007-SCT-2-2022, Norma Oficial Mexicana NOM-011-SCT2/2012, Norma Oficial Mexicana NOM-011-1-SCT-2-2022.
    • Acknowledgement. Customer acknowledges and understands that the Carrier shall only be

required to maintain the insurance coverages required by applicable law for shipments within Mexico or to/from the US or Canada and Mexico; provided that Carriers traveling in the US as part of a cross border shipment will be required to have cargo insurance coverage of $100,000 for transit ONLY: (i) after reaching the US transload facility or the US carrier’s or US forwarder’s yard or facility for northbound shipments; (ii) up until it reaches the US transload facility or the US

carrier’s or US forwarder’s yard or facility for southbound shipments.

  • Inspection of the Cargo. STG and its Carriers shall have the right, but not the obligation, to conduct an inspection of the cargo to the extent that either of them reasonably suspect that the cargo is dangerous, not properly described, not permitted to be transported according to applicable law or not within the categories of cargo for which STG or Carrier agree to provide services. Neither STG nor Carrier shall be responsible for or liable in any way for shipments which are dangerous, not properly described, not permitted to be transported according to applicable law or not within the categories of cargo for which STG or Carrier agree to provide services.
    • Mexican Taxes. For portions of the Services rendered in Mexico, each party shall be responsible for the payment of their own taxes and fees.
    • Controlling Language. This Agreement and Mexico Terms are being provided in English and in Spanish as a convenience. The English version shall be the controlling version.
    • Accessorials. All shipments shall be subject to the accessorials in the table below.
DescriptionCustomer Charges for MX and USA/Canada
Team Driver RequiredAn additional $0.30 per mile will apply.
  Stop off chargeAverage RPM for additional mileage on load + $75 for first stop, +$100 for second stop, $125 for third stop, thereafter for each additional stops $150.
  Detention (with power)Charges per hour, after 2 hours free time, will be $20.00 per quarter hour. Max charge of $480 per 24 hour period.
Detention (without power)2 Days free time. $75 per day.
Detention (Transfer). Red light at customs.$35.00 1 hour free.
Layover Per Day$270 per day single driver, $325 per day team driver.
Truck Ordered, Not Used (TONU)$250.00
Truck Ordered, Not Used (TONU) Transfer only$100.00
Border city local Movement$175.00
Border Detention Charges dry van48 hours free for detention charges, $75 per day after free time.
Trailer Weight$150 Charge Per Occurrence, Re-Weigh Trailers.
  Load/security equipmentNo charge if return to the carrier $25 Load Straps – $50 Load Locks – $25 Load bars.
  Lumper ChargesPass through at cost, with receipt.
  Congestion ChargeFor shipments delivering into the NYC Metro Area (zip codes 100-108, 110-119) a $250 surcharge will be paid.
    Re-consignmentShipments that are re-consigned after the original dispatch are subject to $85 charge plus additional mileage at the applicable rate per mile from the original customer location to the new Consignee.
  RedeliveryWhen driver is required to attempt a redelivery at no fault of the carrier, a $85 fee will be paid.
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