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Terms & Conditions

Thank you for choosing NEXLogistix for your vehicle transportation needs. By using our vehicle transportation brokerage services, you and any person or entity you represent agree to these Terms and Conditions of Service (“TERMS”). These TERMS outline the rules, obligations, and expectations governing your relationship with NEXLogistix.

In the event of any conflict between these TERMS and any other documents, including motor carrier bills of lading, tariffs, service guides, or other agreements, these TERMS will prevail. Only NEXLogistix may modify these TERMS, and any such changes must be in writing to be valid.

Dispute Resolution Notice

These TERMS contain provisions governing how disputes between you and NEXLogistix will be resolved. Except for limited exceptions, you agree that any claims or disputes will be resolved through binding arbitration on an individual basis. This means you waive the right to participate in any class action, group lawsuit, or representative proceeding. Please carefully review Section 12 for details on your agreement to arbitrate disputes with NEXLogistix.

Section 1. Definitions

  1. “Additional Services” means any optional upgrades or add-ons ordered by the Customer, such as top-loading a vehicle, guaranteeing a specific pickup date, covered transport, or transporting additional personal belongings.
  2. “Bill of Lading” refers to the document provided by the Carrier to the Customer at delivery, detailing the condition of the Shipment, its Point of Origin, Destination, and other essential order information. This document also serves as a receipt or contract between the Carrier and the Customer.
  3. “Carrier” refers to a motor carrier of property as defined by 49 U.S.C. §13102(14), licensed by State and/or Federal Departments of Transportation, or a carrier of goods by sea as defined under 46 U.S.C. § 30701.
  4. “Carrier Form” means any receipt, inspection report, Bill of Lading, shipping order, or similar document provided by the Carrier at the Point of Origin and/or Destination.
  5. “C.O.D.” stands for “Collect on Delivery,” meaning payment is due at the time of delivery.
  6. “Customer” refers to the individual, company, or other entity (including its agents and representatives) requesting transportation of a Shipment through NEXLogistix.
  7. “Customer’s Agent” means any individual over the age of 18 authorized by the Customer to act on their behalf during the transportation process.
  8. “Destination” refers to the drop-off location specified by the Customer or mutually modified between NEXLogistix and the Customer before delivery.
  9. “Inoperable” describes a Shipment that cannot be driven or operated due to missing, damaged, or deteriorated parts, such as engine failure, transmission issues, or problems with the steering, brakes, tires, or other essential components.
  10. “NEXLogistix,” “we,” “us,” or “our” refers to NEXLogistix, LLC. NEXLogistix is a licensed transportation broker as defined under 49 U.S.C. §13102(2), arranging for the transportation of freight through third-party Carriers. NEXLogistix is not a Carrier and operates under applicable DOT and FMCSA regulations.
  11. “Order” refers to the Customer’s request for NEXLogistix to arrange transportation of their Shipment through a third-party Carrier.
  12. “Order Confirmation” means the written confirmation provided by NEXLogistix, summarizing details of the Order, including the Shipment description, Point of Origin, Destination, dates, and quoted price.
  13. “Point of Origin” refers to the pickup location specified by the Customer or modified by mutual agreement between NEXLogistix and the Customer before transport begins.
  14. “Shipment” refers to the Customer’s property—a motorized vehicle or automobile—transported through a Carrier arranged by NEXLogistix under these TERMS.

Section 2. Service Terms

  1. At the Customer’s request, NEXLogistix will arrange for the transportation of the Customer’s Shipment through a third-party Carrier, subject to these TERMS. NEXLogistix reserves the right, at its sole discretion, to decline or cancel any Order at any time.
  2. NEXLogistix’s role in the transaction is complete once a Carrier has accepted the Customer’s Order for transportation.
  3. The Customer acknowledges and agrees that NEXLogistix (i) operates solely as a transportation broker, (ii) is not a motor carrier or transportation provider, and (iii) does not present itself as offering direct transportation services.
  4. The Customer further understands that NEXLogistix does not take custody or possession of any Shipment, nor does it transport or handle vehicles directly. NEXLogistix assumes no liability for the Shipment at any point during the transportation process.
  5. For any ocean transport services arranged by NEXLogistix, the terms and conditions of the ocean Carrier’s bill of lading, tariffs, schedules, rates, and rules will apply. Ocean carriers typically offer limited liability coverage for loss or damage, and the Customer is responsible for contacting the carrier to inquire about purchasing additional insurance if needed.
  6. NEXLogistix will provide the Customer with estimated pickup and delivery dates; however, delays may occur before or during transportation due to factors beyond NEXLogistix’s control. These may include weather, road closures, mechanical issues, government regulations, or other unforeseen circumstances. NEXLogistix does not guarantee delivery times or dates and will not be held liable for any losses, costs, or inconveniences resulting from delays, regardless of the cause.

Section 3. Customer’s Responsibilities

  1. Accuracy of Information: The Customer acknowledges that they are solely responsible for ensuring the accuracy of all details provided, including the description of the Shipment (such as year, make, model, body style, and trim), Point of Origin, Destination, fees, and any special instructions included in the Order Confirmation and relevant Carrier Forms, Bill of Lading, or other necessary documents. Any modifications or corrections to the Shipment details or other Order elements may result in additional charges or the cancellation of the Order. The Customer waives any claims against NEXLogistix for any additional costs or cancellation if the Shipment does not conform to the details specified in the Order Confirmation.
  2. Shipment Size and Condition: The Customer must disclose the size and condition of the Shipment at the time of booking and prior to the scheduled pickup date. The Customer understands that if the Shipment is inoperable during transit, or if it has been modified from its original equipment manufacturer (OEM) condition (including features like aftermarket modifications, oversized wheels, extra-large tires, or lifted chassis) or if it is a larger vehicle such as a limousine or hearse, the Carrier may impose additional charges for transportation or may refuse to transport the Shipment altogether.
  3. Preparing the Shipment: The Customer is responsible for adequately preparing the Shipment for transport. This includes securing or removing any loose parts, fragile accessories, and low-hanging spoilers before pickup. All non-permanent, externally mounted luggage and racks must be removed prior to shipment. The Shipment should be presented to the Carrier in an operable condition with no more than a quarter tank of fuel. The Customer understands they are liable for any damages, losses, or claims related to the Shipment, other vehicles, or persons caused by parts of the Shipment that become loose or detached during transport.
  4. Alarm Systems: The Customer must deactivate any alarm systems installed in the Shipment or provide clear instructions for disengaging them to the Carrier. If the alarm activates during transit and there are no keys or instructions to disable it, the Carrier may take reasonable measures to silence the alarm without recourse from the Customer.
  5. Personal Property: The Customer is permitted to leave one suitcase or bag containing personal belongings, which should not exceed one hundred pounds (100 lbs.) and must be stored in the trunk or designated storage area of the Shipment. The Customer must inform NEXLogistix and the Carrier about any personal property included in the Shipment at the Point of Origin before loading. The Carrier reserves the right to reject any personal property deemed unsafe or illegal for transport. The Customer is strongly advised not to include negotiable instruments, legal documents, jewelry, furs, cash, antiques, or other valuable items in the Shipment. The Customer understands that both the Carrier and NEXLogistix are not liable for any personal items left in the Shipment, nor for any damage caused by improper loading of personal property. If personal belongings are included in the Shipment, it is at the Customer’s own risk.
  6. Prohibited Items: The Customer agrees not to load any explosives, firearms, ammunition, weapons, flammable materials, live animals, live plants, contraband, narcotics, alcoholic beverages, or any illegal goods into the Shipment. Should such prohibited items be discovered, they may be confiscated or disposed of by law enforcement or the Carrier, and the Order may be canceled without compensation. The Customer assumes full responsibility for any fines, damages, or liabilities resulting from violations of this provision.
  7. Shipments by Sea: The Customer understands that no personal belongings or illegal items are permitted in Shipments transported by sea, and the Shipment must be empty except for OEM or factory-installed equipment. The Customer is responsible for providing all required documentation for U.S. and international customs and must disclose the vehicle identification number (VIN) and approximate value in U.S. dollars when placing the Order. If the Point of Origin or Destination is a shipping port, the Customer agrees to cover any associated additional fees.

Section 4. Customer Warranties

The Customer warrants that they will adhere to all applicable laws, regulations, and rules, including but not limited to customs laws, import and export regulations, and any governmental directives of any country involved in the transport of the Shipment. The Customer agrees to provide any necessary information and documentation required to comply with these applicable laws, regulations, and rules. NEXLogistix assumes no responsibility for any loss or expenses incurred by the Customer or any other party as a result of the Customer’s failure to comply with this obligation. Any Customer’s Agent or entity acting on the Customer’s behalf also warrants that it has the authority to act on behalf of the Customer and is legally empowered to bind the Customer to these warranties.

Section 5. Pickup and Delivery of Shipment

  1. The Customer acknowledges that changes to the Point of Origin or Destination may be required due to various factors such as local zoning laws, road conditions, closures, low-hanging trees and wires, narrow streets, or restrictions in residential areas.
  2. If the Carrier cannot access the Point of Origin or Destination, the Customer agrees to meet the Carrier at an alternative location to facilitate the safe pickup or drop-off of the Shipment.
  3. The Customer or a designated Customer’s Agent must be present at both the Point of Origin and Destination for the pickup and/or delivery of the Shipment. If the Customer is unavailable, a Customer’s Agent must be appointed.
  4. At the Point of Origin during pickup, the Customer or Customer’s Agent agrees to: 1) thoroughly inspect the Shipment with the Carrier for any pre-existing damage, and 2) acknowledge the condition of the Shipment by a) documenting any pre-existing damage on the Carrier Form or Bill of Lading, b) signing the Carrier Form or Bill of Lading, and c) requesting a copy for their records. It is highly recommended that the Customer or Customer’s Agent takes photographs of the Shipment from various angles at the Point of Origin.
  5. At the Destination during delivery, the Customer or Customer’s Agent must carefully examine the Shipment in the presence of the Carrier for any potential transit damage and clearly document any new damage as an exception on the Bill of Lading. The Customer or Customer’s Agent agrees to sign and obtain a final copy of the Bill of Lading signed by the Carrier, which will serve as a definitive report of the Shipment’s condition, especially in the event of a dispute. Taking photographs of the Shipment from all angles before signing the Bill of Lading is strongly encouraged.
  6. The Customer understands that signing the Carrier’s Form or Bill of Lading at the Destination without noting any damage—regardless of the lighting or weather conditions during inspection—will be considered confirmation that the Shipment was received in satisfactory condition. Consequently, NEXLogistix and the Carrier will bear no further responsibility for the Shipment.

Section 6. Carrier Responsibilities

  1. The Carrier agrees to (i) pick up and deliver the Customer’s Shipment as close to the Customer’s door or designated Point of Origin and Destination as is legally and safely feasible, and (ii) transport the Shipment in a manner that meets commercial standards.
  2. The Carrier may provide a Carrier Form, receipt, or Bill of Lading at either the Point of Origin or Destination. The Customer or Customer’s Agent is responsible for reviewing this Carrier Form carefully, as it may serve as a transportation contract between the Customer and the Carrier. Any disputes or inquiries related to such documents must be directed to the Carrier.
  3. The Customer acknowledges that they may also be subject to the Carrier’s terms and conditions of service, tariffs, rules, or classifications. The Customer must request copies of these documents directly from the Carrier.

Section 7. Fees and Payment

  1. The Customer agrees to pay all amounts owed in full for each Order and any Additional Services according to the terms outlined in the Order Confirmation and these TERMS. Payments must be made without any offsets, chargebacks, or reductions due to actual, pending, or unfiled claims, losses, delays, or damages. Payment for NEXLogistix’s services is due once a Carrier accepts an Order, as the services are considered rendered at that time.
  2. All payments for the balance due to the Carrier for C.O.D. must be completed on or before the delivery of the Shipment. Payments should be made in cash, certified funds, cashier’s check, or money order, made payable to the Carrier. Personal checks, debit cards, and credit cards WILL NOT BE ACCEPT BE ACCEPTED FOR PAYMENTS TO THE CARRIER.
  3. Any outstanding invoices for NEXLogistix’s services will incur interest at a rate of one and a half percent (1.5%) per month. The Customer will also be responsible for all expenses incurred by NEXLogistix in collecting any outstanding charges, including reasonable attorney’s fees.
  4. If the Shipment is placed in storage due to the Customer’s refusal to pay the fees or accept delivery from the Carrier for any reason, the Shipment may be stored at the Customer’s expense. It will be subject to the Carrier’s lien for transportation charges until the outstanding balance is paid in full. The Customer will bear all storage and redelivery charges and agrees not to seek reimbursement from NEXLogistix.

Section 8. Cancellation and Refund Policy

  1. The Customer may cancel an Order at any time without incurring any costs or cancellation fees as long as the Order has not yet been accepted by a Carrier. If the Order is canceled for any reason after acceptance by a Carrier—including, but not limited to, Customer-initiated cancellations, cancellations due to the Customer’s breach of these TERMS, or if the Carrier is unable to pick up the Shipment for any reason upon arrival at the Point of Origin—the Customer agrees to pay a minimum cancellation fee of one hundred and forty-nine dollars ($149.00) as NEXLogistix’s services have been considered rendered at that point. The Customer understands that additional cancellation fees may apply, which could include dry run fees imposed by the Carrier and other vendors involved in fulfilling the Customer’s Order.
  2. The Customer is entitled to a refund only for the unfulfilled portion of services. If Additional Services were paid for but not rendered, and the Shipment was delivered, the sole remedy available to the Customer will be a refund for the unfulfilled portion of the Additional Services fees.
  3. To cancel an Order, the Customer must submit a written request via email to hello@nexlogistix.com. Cancellations communicated through telephone, text, chat, or any other means will not be accepted by NEXLogistix.

Section 9. Loss, Damage, or Delay Claims

  1. As a property transportation broker, NEXLogistix is not liable for any claims related to the loss or damage of cargo.
  2. Should the Customer experience a loss or damage regarding their Shipment, they acknowledge that the Carrier is the liable party, not NEXLogistix. It is the Customer’s obligation to file any claims directly with the Carrier responsible for transporting the Shipment.
  3. If the Customer opts to submit a claim against the Carrier, they must promptly inform NEXLogistix of the situation, doing so within forty-eight (48) hours after delivery. This notification enables NEXLogistix to supply the Customer with relevant information about the Carrier in a timely manner.
  4. The Customer understands that claims against motor Carriers fall under federal law, specifically the Carmack Amendment to the ICC Termination Act of 1995 (49 U.S.C. §14706). Claims involving ocean Carriers are typically governed by the Carriage of Goods by Sea Act (46 U.S.C. §30701). Customers are encouraged to seek their own legal counsel regarding these matters at their own expense.
  5. The Customer agrees that neither NEXLogistix nor the Carrier shall be held responsible for any loss or damage to cargo caused by factors beyond their control. Such factors may include, but are not limited to, adverse weather conditions (like storms or hail), natural disasters, civil disturbances, labor strikes, acts of terrorism, and any issues related to the Shipment’s condition, including loose or broken parts and personal belongings included in the Shipment.

Section 10. Indemnification

The Customer agrees to indemnify, defend, and hold harmless NEXLogistix, its affiliates, and their respective employees, officers, and directors from any and all losses, liabilities, damages, payments, settlements, judgments, penalties, fines, expenses (including reasonable attorney’s fees), and costs. This includes any suits, actions, or claims—whether actual, potential, threatened, or pending—brought by any individual or entity. This indemnification extends to claims related to personal injury or death, property damage, including real property and the environment, that arise from the actions or omissions of the Customer, its agents, employees, or representatives.

Section 11. Disclaimer and Limitation of Liability

  1. The total liability of NEXLogistix for any claims or damages, regardless of whether they arise from statute, contract, tort, or other legal theories, shall not exceed the total fees paid by the Customer to NEXLogistix for services outlined in the relevant Order Confirmation.
  2. EXCEPT AS OTHERWISE STATED IN THIS AGREEMENT, NEXLOGISTIX PROVIDES NO WARRANTIES FOR ITS SERVICES AND DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES. This includes, but is not limited to, implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose or use, as well as any warranties arising from the course of dealing, usage, or trade practices.
  3. NEXLogistix SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST BUSINESS, LOST PROFITS, LITIGATION, OR SIMILAR CLAIMS), SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES UNDER ANY LEGAL THEORY, ARISING IN ANY WAY FROM A SHIPMENT OR THESE TERMS, EVEN IF NEXLOGISTIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Section 12. Dispute Resolution and Arbitration

  1. Arbitration.
    • Any disputes, controversies, or claims between NEXLogistix and the Customer arising from or related to these Terms, any Order, NEXLogistix’s services, or any other engagement with NEXLogistix will be settled through binding arbitration instead of court proceedings. However, either party may: (1) pursue claims in small claims court if eligible, and (2) file suit in a competent court to seek injunctive relief regarding the infringement or misuse of intellectual property rights, including the request for temporary restraining orders. This arbitration agreement is governed by the Federal Arbitration Act and relevant federal arbitration laws.
    • There will be no judge or jury involved in the arbitration process, and the review of an arbitration award by courts is limited. Nevertheless, an arbitrator has the authority to award the same types of damages and relief as a court would, including injunctive and declaratory relief or statutory damages.
    • Before initiating arbitration, the Customer must send a signed letter detailing their identity, legal claims, and the relief sought to NEXLogistix at 223 Banyan Street, Lake Jackson, TX 77566. This should be sent via certified mail, Federal Express, UPS, or USPS express mail (signature required). NEXLogistix will do the same; if there is no physical address on record for the Customer, communication will be via email to the last known address. Arbitration will be conducted by the National Arbitration Mediation (“NAM”) following its rules, particularly for Consumer-Related Disputes. Both parties agree to let an arbitrator decide issues regarding the arbitrability of claims. The NAM’s rules will govern the payment of administration and arbitrator fees, with the filing party responsible for all filing fees. If the Customer prevails, they may request reimbursement of their costs. Conversely, if the arbitration finds the Customer’s claims to be frivolous, NEXLogistix may seek reimbursement of attorney’s fees. There will be only one arbitrator, and the Customer can choose to conduct the arbitration by phone, through written submissions, or in person at a location agreed upon by both parties. In instances where multiple disputes arise concerning similar issues, those claims will be arbitrated in the order filed, but all claims must be arbitrated within three (3) years. THIS ARBITRATION AGREEMENT SHALL SURVIVE THE TERMINATION OF THESE TERMS.
  2. Class Action Waiver. Both parties agree that any dispute resolution proceedings or lawsuits, whether through arbitration or in court, will occur solely on an individual basis and not as part of a class or representative action. Thus, the Customer waives the right to bring claims on behalf of a class. However, the Customer retains the right to pursue individual claims for public injunctive relief and small claims court actions. This provision does not prevent the parties from settling claims on a class-wide basis or coordinating claims in arbitration.
  3. Enforceability. Should any part of this arbitration agreement be deemed invalid, the exclusive jurisdiction outlined in the section titled “Governing Law; Jurisdiction” will apply to any court claims arising from or related to these Terms.
  4. Jury Trial and Small Claims Court. If a claim proceeds in court instead of arbitration for any reason, both parties waive their right to a jury trial. Additionally, both the Customer and NEXLogistix may bring a lawsuit in a competent court to seek injunctive relief regarding the infringement or misuse of intellectual property rights, including requests for temporary restraining orders.

Section 13. Special Provisions for Residents of California

Filing Complaints. According to California Civil Code § 1789.3, residents of California have the right to be informed about their ability to file complaints or grievances. California users may reach out to the Complaint Assistance Unit within the Division of Consumer Services at the California Department of Consumer Affairs. Complaints can be submitted in writing to 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834. Alternatively, users can contact them by phone at (916) 445-1254 or toll-free at (800) 952-5210, or via email at dca@dca.ca.gov.

Section 14. Governing Law and Jurisdiction

These TERMS will be interpreted in line with Title 49 of the United States Code and governed by the laws of Texas, without considering any conflict of law rules. Additionally, both parties consent to the jurisdiction of state or federal courts located in Texas for the resolution of any disputes, claims, or controversies related to these TERMS. This includes non-contractual disputes and claims that do not fall under the mandatory arbitration provisions outlined in Section 12 above.

Section 15. Miscellaneous

  1. These TERMS and the use of NEXLogistix’s services do not create any partnership, joint venture, employee, or agency relationship between the parties. Each party operates independently and does not have the authority to incur, assume, or create any obligations or liabilities on behalf of the other, whether expressed or implied.
  2. Customer may not assign any rights under these TERMS without prior written consent from NEXLogistix. These TERMS are binding and benefit both parties, including their successors and permitted assigns.
  3. If any provision of these TERMS is found unenforceable or invalid by a court with appropriate jurisdiction, that provision will be limited or removed to the minimum extent necessary, allowing the remaining provisions to continue in full force and effect.
  4. These TERMS replace any previous written or oral agreements between Customer and NEXLogistix and represent the entire agreement. Changes to these TERMS can only be made by NEXLogistix. Customer acknowledges that they have read and understood these TERMS in their entirety.
  5. Customer waives any claims or defenses based on not having read or understood these TERMS.
  6. The failure of NEXLogistix to enforce any right or provision in these TERMS does not waive the right to do so in the future. Any waiver must be in writing and signed by an authorized representative of NEXLogistix.
  7. NEXLogistix reserves the right to use Customer’s name, logo, and trademarks to identify them as a customer for marketing or promotional purposes, including on NEXLogistix’s websites and in other communications. If Customer prefers not to be used in this way, they must notify NEXLogistix by emailing privacy@nexlogistix.com.
  8. These TERMS form the complete agreement between Customer and NEXLogistix concerning the use of our services, superseding all prior communications, whether written, oral, or electronic. Customer may also be subject to additional terms, policies (including our Privacy Policy), and guidelines that may apply when using NEXLogistix’s services.