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REVCON LOGISTICS, LLC

WEBSITE, TMS AND TRANSPORTATION SERVICES TERMS AND CONDITIONS

These Website, TMS and Transportation Services Terms and Conditions (“Terms”) govern access to and use of the Revcon Logistics, LLC website, customer portal, transportation management system, rate-quoting tools, shipment-booking tools, and transportation brokerage and related services (collectively, the “Services”).

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By accessing or using the Services, creating an account, requesting or accepting a rate, tendering a shipment, generating or using a Revcon bill of lading, or otherwise engaging Revcon Logistics, LLC for transportation-related services, you (“Customer,” “you,” or “your”) acknowledge that you have read, understand, and agree to be bound by these Terms.

If you are accessing or using the Services on behalf of a company or other organization, you represent and warrant that you have authority to bind that entity to these Terms.

 

1. REVCON LOGISTICS AND BROKER STATUS

Revcon Logistics, LLC (“Revcon”) is an Arizona limited liability company and is registered with the Federal Motor Carrier Safety Administration (“FMCSA”) as a property transportation broker under MC-1411126.

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Revcon is a transportation broker and not a motor carrier, common carrier, or contract carrier with respect to transportation arranged under these Terms. Revcon arranges transportation services with independent motor carriers and other transportation providers (“Carriers”) on behalf of its customers.

Carriers engaged to transport freight are independent contractors and are not employees, agents, joint venturers, or representatives of Revcon.

Revcon reserves the right, in its sole discretion, to decline or refuse to arrange any shipment.

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2. SCOPE OF SERVICES

Depending upon the services selected by Customer, Revcon may provide or facilitate services including:

  • less-than-truckload (“LTL”) transportation;

  • truckload (“TL”) transportation;

  • expedited, hotshot, flatbed, rail, or other transportation brokerage;

  • managed transportation services;

  • transportation management system (“TMS”) access;

  • carrier selection and procurement;

  • shipment tracking;

  • claims administration assistance;

  • freight audit and payment services;

  • reporting and business intelligence; and

  • other transportation or logistics-related services agreed upon between Revcon and Customer.

 

Certain customers may also have a separate Managed Transportation Agreement, Transportation Services Agreement, statement of work, addendum, pricing agreement, or other written agreement with Revcon (“Customer Agreement”).

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If a Customer Agreement expressly conflicts with these Terms, the Customer Agreement will control with respect to the subject matter of that conflict.

 

3. WEBSITE AND TMS ACCOUNTS

Customer is responsible for maintaining the confidentiality and security of all usernames, passwords, login credentials, API credentials, and other access information associated with Customer’s account.

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Customer is responsible for all activities conducted through its account by its employees, representatives, vendors, agents, or other authorized users.

Customer shall promptly notify Revcon if it becomes aware of unauthorized access to or use of its account.

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Revcon may suspend, limit, or terminate access to the Services if Revcon reasonably believes that an account has been compromised, used improperly, or used in violation of these Terms.

 

4. AUTHORITY OF USERS

Any individual submitting shipment information, requesting or accepting rates, dispatching freight, creating shipping documents, or otherwise using the Services on behalf of Customer represents and warrants that he or she is authorized to act for and legally bind Customer.

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Customer is responsible for actions taken by its authorized users through the Revcon website, TMS, APIs, electronic communications, or other systems.

 

5. CUSTOMER INFORMATION AND SHIPMENT DETAILS

Customer is responsible for providing complete and accurate information concerning each shipment.

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This includes, as applicable:

  • origin and destination;

  • commodity description;

  • NMFC item and freight class;

  • actual weight;

  • dimensions;

  • pallet or handling-unit count;

  • linear feet;

  • density;

  • declared or released value;

  • hazardous-material status;

  • packaging type;

  • accessorial requirements;

  • pickup and delivery requirements; and

  • any other information affecting transportation, pricing, safety, legality, or carrier selection.

 

Rates generated through the TMS or otherwise provided by Revcon are based on the information supplied by Customer.

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Customer is responsible for additional transportation charges resulting from inaccurate, incomplete, or changed shipment information, including carrier reweighs, reclasses, inspections, dimension corrections, accessorial charges, detention, storage, redelivery, limited-access charges, liftgate charges, residential charges, appointment charges, layovers, truck ordered not used charges, or other Carrier-assessed charges.

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6. RATE QUOTES

Unless expressly stated otherwise in writing, all rates are quotes and may be subject to adjustment based upon actual shipment characteristics or services performed.

Rates may change based upon carrier pricing, capacity, market conditions, fuel prices, shipment specifications, service requirements, or the expiration of a quoted rate.

A quote applies only to the shipment information on which the quote was based.

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Revcon may adjust or reinvoice a shipment if:

  1. Customer supplied inaccurate or incomplete information;

  2. actual shipment characteristics differ from those quoted;

  3. the Carrier performs additional or different services;

  4. Customer, shipper, consignee, or another party requests additional services;

  5. the Carrier applies an accessorial or correction after shipment;

  6. the Carrier conducts a weight, dimension, density, classification, or commodity inspection; or

  7. additional governmental, customs, tax, assessment, fine, penalty, or similar charges apply.

 

Displayed transit times are estimates unless a specific guaranteed service has been purchased and confirmed.

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Pickup dates and standard delivery dates are not guaranteed.

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7. LTL SHIPMENTS

LTL rates may be determined by freight class, NMFC classification, density, weight, dimensions, linear feet, commodity, origin, destination, service level, or other Carrier pricing criteria.

Customer is responsible for accurately classifying and describing its freight.

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Carrier inspections, reweighs, reclassifications, density adjustments, dimensional measurements, linear-foot determinations, or other post-shipment corrections may result in additional charges.

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8. TRUCKLOAD AND OTHER SPECIALIZED SERVICES

Unless otherwise agreed in writing, truckload rates contemplate standard dock-to-dock transportation, shipper load, and consignee unload.

Additional charges may apply for detention, layover, driver assistance, additional stops, loading or unloading services, lumper charges, equipment changes, permits, escorts, tarping, over-dimensional freight, storage, truck ordered but not used (“TONU”), or other services.

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Specialized transportation services, including flatbed, hotshot, expedited, rail, or other modes, may be subject to additional requirements and Carrier terms.

 

9. BILLS OF LADING AND SHIPPING DOCUMENTS

Customer shall use the Revcon system-generated bill of lading (“BOL”) unless Revcon authorizes another document in writing.

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Customer is responsible for reviewing the BOL and ensuring that all shipment information is complete and accurate before freight is tendered.

If Revcon prepares, corrects, modifies, or replaces a shipping document based upon information supplied by Customer, the document will be deemed prepared on Customer’s behalf.

Revcon shall not be responsible for additional charges, claim limitations, service failures, or other consequences arising from:

  1. unauthorized alteration of a Revcon BOL;

  2. use of a BOL not authorized by Revcon;

  3. tendering freight to a Carrier other than the Carrier designated by Revcon;

  4. inaccurate shipment information; or

  5. failure to include required quote numbers, service levels, accessorial requirements, or other shipment-specific information.

 

10. CARRIER RULES, TARIFFS AND LIMITATIONS

Transportation is subject to applicable laws and to the selected Carrier’s governing rules, tariffs, service guides, classifications, contracts, bills of lading, and limitations of liability to the extent applicable.

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Carrier rules may contain limitations relating to, among other things:

  • maximum cargo liability;

  • commodities with limited or released value;

  • used goods;

  • prohibited commodities;

  • concealed damage;

  • concealed shortage;

  • packaging;

  • claim filing;

  • inspections;

  • salvage;

  • delivery appointments;

  • storage;

  • detention; and

  • guaranteed or expedited services.

 

Customer is responsible for understanding Carrier rules applicable to its shipments.

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Upon request, Revcon may assist Customer in identifying applicable Carrier rules, but Revcon does not warrant the completeness or applicability of any Carrier tariff or service provision.

 

11. PACKAGING, LOADING AND FREIGHT CONDITION

Unless Revcon separately agrees in writing to provide packaging or loading services, Customer, shipper, or the party physically tendering the freight is responsible for ensuring that freight is properly:

  • packaged;

  • crated;

  • palletized;

  • blocked and braced;

  • secured;

  • marked;

  • labeled;

  • classified; and

  • prepared for transportation.

 

Packaging must be sufficient to withstand the ordinary rigors of the transportation mode selected.

 

Customer shall comply with applicable laws, regulations, Carrier rules, and industry requirements relating to shipment preparation.

 

12. HAZARDOUS MATERIALS AND REGULATED COMMODITIES

Customer shall disclose in advance if a shipment contains hazardous materials, dangerous goods, regulated materials, restricted commodities, or any commodity subject to special transportation requirements.

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Customer is responsible for accurate classification, packaging, labeling, placarding, documentation, and compliance with all applicable governmental requirements.

 

Customer shall indemnify and hold Revcon harmless from claims, penalties, fines, losses, expenses, or damages resulting from Customer’s failure to properly disclose or prepare such commodities.

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13. PAYMENT TERMS

Unless different payment terms have been established in writing by Revcon, invoices are due within fourteen (14) days.

 

Amounts shall be paid in U.S. Dollars without unauthorized deduction, offset, or withholding.

 

Past-due balances may accrue a service charge of one and one-half percent (1.5%) per month, or the highest amount permitted by applicable law, whichever is less.

 

Customer shall be responsible for reasonable collection expenses, including attorneys’ fees and collection-agency costs, incurred by Revcon in collecting overdue amounts.

 

Credit terms and credit limits are subject to approval and may be modified or withdrawn by Revcon at any time.

 

14. INVOICE DISPUTES

Customer must notify Revcon in writing of any invoice dispute within thirty (30) days after the invoice date.

 

The notice must identify the invoice and specifically describe the basis for the dispute.

 

Failure to provide timely written notice may constitute acceptance of the invoiced charges.

 

Customer shall timely pay all undisputed amounts while any disputed amount is being reviewed.

 

A freight claim for loss or damage does not constitute an invoice dispute and does not relieve Customer of its obligation to pay transportation charges.

 

15. FREIGHT CLAIMS

Revcon will reasonably assist Customer with submitting cargo loss, damage, or shortage claims to the responsible Carrier when requested.

Revcon is not the Carrier and does not independently insure the Carrier’s cargo liability.

 

Carrier liability and the handling, investigation, approval, denial, settlement, inspection, or payment of freight claims are governed by applicable law and the Carrier’s applicable rules, tariffs, contracts, and limitations of liability.

 

Customer remains responsible for establishing and documenting its claim.

 

Supporting documentation may include:

  • signed delivery receipt or proof of delivery;

  • evidence of condition at origin;

  • photographs;

  • commercial invoice or evidence of product cost;

  • repair invoices;

  • salvage information;

  • inspection documentation;

  • packaging information; and

  • other evidence requested by the Carrier.

 

Customer should report freight loss, shortage, or damage to Revcon as soon as possible after discovery.

 

Concealed loss or damage should be reported immediately because Carrier notification deadlines may be substantially shorter than the period permitted for filing a formal cargo claim.

 

Payment of transportation charges is not contingent upon resolution or payment of a cargo claim.

 

Revcon does not guarantee that a Carrier will approve or pay a claim.

 

16. CARGO LIABILITY AND INSURANCE

Unless otherwise expressly agreed in writing, Customer shall look to the transporting Carrier, Customer’s own cargo insurance, shipper’s interest insurance, or other applicable insurance for loss of or damage to cargo.

 

Carrier liability varies by Carrier, commodity, service level, tariff, released value, and other factors.

 

Certain commodities may be subject to substantially reduced liability limits.

 

Customer is responsible for determining whether Carrier liability is sufficient for the value of its shipment and for obtaining additional cargo insurance when appropriate.

 

Any optional insurance product offered or facilitated through a third-party insurer will be subject to the insurer’s own policy terms, exclusions, underwriting requirements, and claims decisions.

 

17. REVCON’S LIABILITY

Revcon’s role is to arrange transportation rather than physically transport freight.

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To the fullest extent permitted by applicable law, Revcon shall not be liable for cargo loss, damage, shortage, delay, misdelivery, non-delivery, or other transportation-related loss caused by a Carrier or another third party.

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Revcon shall not be liable for losses resulting from:

  1. acts or omissions of a Carrier;

  2. acts or omissions of Customer, shipper, consignee, or other third party;

  3. inaccurate shipment information;

  4. improper or insufficient packaging, loading, blocking, bracing, securing, marking, or labeling;

  5. inherent vice or nature of the goods;

  6. governmental action;

  7. weather;

  8. labor interruption;

  9. mechanical failure;

  10. acts of God;

  11. public emergencies;

  12. events beyond Revcon’s reasonable control; or

  13. Customer’s violation of these Terms.

 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REVCON SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST SALES, LOST PRODUCTION, LOSS OF BUSINESS OPPORTUNITY, OR LOSS OF USE, REGARDLESS OF WHETHER REVCON WAS ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

Except in the event of Revcon’s gross negligence, willful misconduct, or liability that cannot lawfully be limited, Revcon’s aggregate liability arising from a particular shipment shall not exceed the fees earned by Revcon for arranging that shipment.

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18. SERVICE AND TRANSIT TIMES

Transit times, pickup dates, tracking information, estimated delivery dates, and similar information provided through Revcon’s website, TMS, Carrier systems, APIs, emails, or other communications are estimates unless a specifically designated guaranteed service has been purchased.

Revcon does not guarantee Carrier performance.

 

19. GUARANTEED SERVICES

When an eligible Carrier guaranteed service is selected and separately charged, the Carrier’s specific guaranteed-service rules apply.

Customer must notify Revcon of an alleged guaranteed-service failure within fourteen (14) days after actual delivery, or within any shorter period required by the applicable Carrier.

Any refund or credit is contingent upon the Carrier’s acceptance of the guaranteed-service claim and payment or issuance of credit to Revcon.

Revcon shall not be independently liable for a Carrier’s failure to satisfy a guaranteed-service commitment.

Use of an unauthorized BOL or failure to comply with the Carrier’s guaranteed-service requirements may void the guarantee.

 

20. WEBSITE CONTENT AND AVAILABILITY

Revcon attempts to keep information presented through the Services accurate and current but does not warrant that website, TMS, rate, transit, tracking, carrier, or other information will always be complete, accurate, uninterrupted, or error-free.

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The Services may periodically be unavailable due to maintenance, technical issues, third-party systems, telecommunications failures, Carrier systems, cybersecurity events, or circumstances beyond Revcon’s control.

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Revcon may modify, suspend, or discontinue any portion of the Services at any time.

 

21. THIRD-PARTY SYSTEMS AND LINKS

The Services may contain or rely upon data, integrations, services, websites, APIs, software, or technology provided by third parties.

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Revcon is not responsible for the availability, accuracy, content, security, privacy practices, or performance of third-party systems or websites.

Use of third-party services may be subject to separate terms and conditions.

 

22. ACCEPTABLE USE

Customer shall not:

  • attempt to gain unauthorized access to Revcon systems;

  • interfere with the operation or security of the Services;

  • upload malicious code;

  • scrape, copy, reverse engineer, or systematically extract proprietary data from the Services except as authorized;

  • use another party’s credentials without authorization;

  • use the Services for unlawful or fraudulent purposes;

  • misrepresent shipment information; or

  • use rates or proprietary information supplied by Revcon for unauthorized resale, redistribution, benchmarking, or commercial exploitation.

 

Revcon may suspend or terminate access for violation of this section.

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23. INTELLECTUAL PROPERTY

The Revcon name, logos, website, software interfaces, reports, dashboards, workflows, written materials, graphics, databases, rate displays, and other proprietary materials are owned by

 

Revcon or its licensors and are protected by applicable intellectual-property laws.

 

Except as expressly permitted by Revcon, Customer may not reproduce, distribute, modify, publish, sell, license, or commercially exploit Revcon proprietary materials.

 

Customer retains ownership of Customer-provided data, subject to Revcon’s right to use such data as reasonably necessary to provide, administer, improve, analyze, and support the Services.

 

24. PRIVACY AND DATA

Revcon’s collection and use of personal information are governed by Revcon’s Privacy Policy, as updated from time to time.

Customer represents that it has the right to provide Revcon with any personal, shipment, employee, vendor, consignee, or other information submitted through the Services.

 

25. ELECTRONIC COMMUNICATIONS AND TRANSACTIONS

Customer consents to conducting transactions with Revcon electronically.

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Electronic communications, shipment tenders, account activity, rate acceptances, system entries, electronic signatures, acknowledgments, and records may be used as evidence of Customer’s transactions and instructions.

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Customer agrees that electronic records associated with its account may satisfy requirements that a transaction or agreement be in writing to the extent permitted by applicable law.

 

26. INDEMNIFICATION

Customer shall defend, indemnify, and hold harmless Revcon and its owners, officers, employees, agents, and representatives from third-party claims, liabilities, penalties, fines, damages, costs, and reasonable attorneys’ fees arising out of or relating to:

  1. Customer’s violation of these Terms;

  2. inaccurate or incomplete information supplied by Customer;

  3. Customer’s goods or commodities;

  4. improper packaging, loading, securing, labeling, or documentation;

  5. hazardous or regulated materials;

  6. violation of applicable law by Customer; or

  7. acts or omissions of Customer or persons acting on Customer’s behalf.

 

27. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY PROVIDED IN A WRITTEN AGREEMENT SIGNED BY REVCON, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REVCON DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND FITNESS OF A PARTICULAR CARRIER OR SERVICE FOR CUSTOMER’S PURPOSE.

 

28. FORCE MAJEURE

Revcon shall not be liable for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemic, pandemic, governmental action, war, terrorism, civil disturbance, labor disruption, transportation interruption, fuel shortage, equipment shortage, cyberattack, utility interruption, telecommunications failure, or failure of third-party systems.

 

29. SUSPENSION OR TERMINATION OF SERVICES

Revcon may suspend or terminate Customer’s access to the Services for:

  • nonpayment;

  • credit concerns;

  • suspected fraud;

  • cybersecurity concerns;

  • violation of these Terms;

  • unlawful activity;

  • misuse of Revcon systems; or

  • other material risk to Revcon, its customers, Carriers, or service providers.

 

Termination or suspension does not relieve Customer of obligations arising before termination, including payment obligations.

 

30. GOVERNING LAW AND VENUE

These Terms and any dispute arising from or relating to them shall be governed by the laws of the State of Arizona and applicable federal law, without regard to conflict-of-law principles.

 

Any legal action arising from or relating to these Terms or the Services shall be brought in the state courts located in Maricopa County, Arizona, or the United States District Court for the District of Arizona, as applicable.

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Each party consents to the personal jurisdiction and venue of those courts.

 

31. ATTORNEYS’ FEES

In any legal proceeding arising from or relating to these Terms, the prevailing party shall be entitled to recover its reasonable attorneys’ fees and costs to the extent permitted by applicable law.

 

32. CHANGES TO THESE TERMS

Revcon may update these Terms from time to time.

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The revised Terms will be posted on Revcon’s website with an updated Effective Date.

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Where legally required or where Revcon determines that changes materially affect an existing contractual relationship, Revcon may provide additional notice or request renewed acceptance.

 

Continued use of the Services after revised Terms become effective constitutes acceptance of those Terms to the extent permitted by law.

 

33. SEVERABILITY

If any provision of these Terms is determined to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

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Any invalid or unenforceable provision shall be enforced to the maximum extent permitted by law.

 

34. WAIVER

Failure by Revcon to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision.

 

35. ASSIGNMENT

Customer may not assign or transfer its rights or obligations under these Terms without Revcon’s prior written consent.

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Revcon may assign these Terms in connection with a merger, acquisition, corporate reorganization, sale of substantially all assets, or transfer of the applicable business or operations.

 

36. ENTIRE AGREEMENT AND ORDER OF PRECEDENCE

These Terms, together with any applicable Customer Agreement, statement of work, pricing agreement, addendum, BOL, or other written agreement between Revcon and Customer, constitute the agreement between the parties concerning the matters addressed herein.

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In the event of a direct conflict, the following order of precedence shall apply unless otherwise expressly agreed in writing:

  1. a specifically negotiated and executed Customer Agreement or addendum;

  2. these Terms;

  3. shipment-specific rate confirmation or written service terms;

  4. the Revcon BOL; and

  5. applicable Carrier rules or tariffs with respect to matters governing the Carrier’s transportation services.

 

37. CONTACT INFORMATION

Questions concerning these Terms may be directed to:

Revcon Logistics, LLC
PO Box 27912, Scottsdale, AZ 85255

FMCSA Broker Authority: M​

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