General Terms and Conditions:
Windmill Transport (WMT) along with motor carriers under contract with WMT are required to provide proof of and maintain a cargo loss and damage liability insurance of $100,000.00 per shipment.
Loads valued in excess of $100,000.00 need to be confirmed in writing to your sales representative or WMT employee prior to pick up. This is to ensure we have the proper insurance coverage on your cargo and gives us the opportunity to arrange for increased insurance limits. Failure to provide timely written notice will result in your loads not being insured to the extent the value exceeds $100,000.00.
WMT carries $10,000 per shipment in LTL insurance coverage. Failure to provide timely written notice of LTL shipment value will result in your loads not having proper coverage in the extent the value exceeds $10,000. Windmill Transport will not take liability for cargo claims over $100,000 for shipments valued in excess of $100,000 if shipper/client did not notify us to get the proper coverage.
Windmill Transport (WMT) is a Broker. You understand and acknowledge that (1) Windmill Transport is not a motor carrier, (2) Windmill Transport is a broker which arranges for the transportation of freight by third-party motor carriers and (3) Windmill Transport intends to engage and contract with one or more Carriers (as defined below) for purposes of satisfying obligations under these Terms and Condition.
Windmill Transport Arranges for Transportation: Windmill Transport agrees to arrange for transportation of your freight (“Goods”) by third-party motor carriers (“Carrier(s)”) in compliance with all federal, state, provincial and local laws and regulations. Windmill Transport’s responsibility is limited to arranging for, but not actually performing, transportation of Goods.
No Exclusivity: You are not restricted from tendering freight to other brokers, freight forwarders, third-party logistics providers, or directly to motor carriers. Windmill Transport is not restricted from arranging transportation of freight for other parties.
Your Responsibilities
Compliance with Food Safety Laws: If applicable, You must comply and Windmill Transport will contractually require the Carrier to comply, with all applicable laws and regulations governing the safe and secure transportation of food products that will be ultimately consumed by humans or animals, including those required by local, provincial, state and federal laws, regulations, ordinances and rules including, but not limited to, the Food Safety Modernization Act (21 U.S.C. § 2201, et. seq.), the Federal Food, Drug and Cosmetic Act (21 U.S.C. § 341, et seq.), the Sanitary Food Transportation Act (49 U.S.C. 5701, et seq.), the U.S. Food and Drug Administration’s Final Rule on the Sanitary Transportation of Human and Animal Food (21 C.F.R. § 1.900, et seq.), all applicable U.S. Department of Agriculture and Food Safety and Inspection Service regulations, the Safe Food for Canadians Act SC 2012, c 24 and application regulation(s), the Products and Services Sanitary Control Regulations (Reglamento de Control Sanitario de Productos y Servicios) of Mexico and all applicable Mexican regulations and official standards (Normas Oficiales Mexicanas).
Shipper Written Instructions
i. You must provide necessary shipping instructions and properly identify all Goods in the bill of lading or other shipping instructions. You will not tender any restricted commodities including, but not limited to, hazardous materials and waste, oversize or overweight shipments, coiled or rolled products, or commodities requiring protection from heat or cold, without properly identifying such shipments and making necessary prior arrangements for transportation.
ii. At the time of booking, and prior to loading the Goods, You must further specify in the booking request and on the face of the bill of lading all instructions to be followed by the Carrier to maintain the safety of the Goods, including, without limitation, all temperature control requirements and temperature control documentation requirements, including an operating temperature for the transportation and, when necessary, the pre-cooling phase, all sanitation requirements and sanitation documentation requirements for the Goods, including those for the Carrier’s vehicle and transportation equipment, any design specifications and cleaning procedures (“Written Instructions”). Windmill will assist You in providing any Written Instructions to the Carrier transporting your Goods.
Cargo Loading and Securement
i. You are responsible for ensuring that Goods are properly and safely packaged and loaded. If Carrier is not allowed on the dock during loading, You are responsible for ensuring that Goods are supported, blocked, braced, and secured. If You are loading the Goods into the motor vehicles, You must inspect the vehicle or other transportation equipment provided by the Carrier, to ensure it meets the requirements specified in the Written Instructions and is in an appropriate sanitary condition for transporting the Goods.
ii. You must reject any equipment that is not in apparent suitable condition to protect and preserve the Goods during transportation. Vehicles and other transportation equipment used to transport the Goods will be deemed acceptable to You upon loading. Your failure to fulfill the obligations under this section will be considered an act or default of the Shipper, and a defense to any cargo claim resulting from the condition of the trailer.
Mitigating Damages: None of the provisions in these Terms and Conditions in any way limits your obligation to mitigate damages, including by salvaging all portions of a shipment for which there is a secondary market.
Windmill Transport’s Responsibilities
Carrier Contractual Requirements: The Windmill Transport company to whom Goods are tendered by You will require by written contract, that each Carrier providing transportation services agree:
i. That it is duly and legally licensed under applicable local, state, provincial and federal law to provide transportation services, that it does not have an unsatisfactory safety rating issued by the United States Department of Transportation or any state authority, or an unsatisfactory or conditional safety rating issued by any provincial authority with jurisdiction over its operations (provided that you understand and agree that reliable and mandatory safety ratings verification mechanisms are not available in all circumstances), and that it will comply with all applicable federal, state, provincial and local laws.
ii. That it is performing services pursuant to contract, and
iii. That it will obtain a receipt showing the kind and quantity of product delivered to the consignee of each shipment at the destination.
iv. that is has valid operating authority as required by local, state, provincial and/or federal laws.
v. that with respect of carriage to be performed in the United States or Canada, it shall have insurance coverage not less than:
1. $1,000,000 per occurrence for Auto Liability.
2. $100,000 per occurrence for Motor Truck Cargo Liability.
3. Statutory limits for Workers Compensation.
vi. that with respect of carriage to be performed in Mexico, it has the minimum insurance coverage required by applicable Mexican law (which does not include cargo coverage).
Receipts And Bills Of Lading: If requested by You, the applicable Windmill Transport company agrees to provide You with proof of acceptance and delivery of shipments in the form of a signed bill of lading or proof of delivery via mail, courier, or electronically by fax or email. The terms and conditions of any freight documentation used by You or Carrier (including as may be imposed by applicable laws in effect at the place of shipment origin) will not supplement, alter, or modify these Terms and Conditions. With respect to services to, from and within Mexico, You acknowledge and agree that to the extent required by Mexican law, carriers may be required to issue a supplemental bill of lading carta de porte con complemento or other similar documentation (the “Supplemental Bill of Lading”). Windmill Transport will make its best efforts to facilitate the proper issuance of the Supplemental Bill of Lading but shall not be responsible for such issuance or the lack thereof, or its accuracy or contents, all of which shall remain the responsibility of carrier and the verification of which proper and timely issuance shall be Your responsibility.
Payments: The Windmill Transport company to whom you have tendered Goods to for carriage will invoice You for its services in accordance with the rates, charges and provisions set forth herein, and any written supplements or revisions that are mutually agreed to between the Parties in writing. If rates are negotiated between the Parties and not otherwise confirmed in writing, such rates will be considered “written,” and will be binding, upon Windmill Transport’s invoice to You and your payment to the applicable Windmill Transport company. You agree to pay Windmill Transport’s invoice within 30 days of invoice date without deduction or setoff. Payment of the freight charges to Windmill Transport’s will relieve You, the shipper, consignee or other responsible party of any liability to Carrier for non-payment of its freight charges. Windmill Transport’s will indemnify You from and against any claim for freight payment brought by Carrier against You if You have paid the applicable Windmill Transport company and Windmill Transport has failed to pay Carrier.
Less than Truckload Freight (LTL).
Where Windmill Transport provides LTL services, the following additional terms and conditions apply and supersede and control over any conflicting provisions of these Terms and Conditions.
ii. Tariff Applicability. You acknowledge and agree that LTL shipments will be subject to those Carrier tariff terms applicable based upon the nature of services requested and the Goods tendered including, without limitation, those tariff provisions required to rate shipments or adjudicate Carrier liability for the same.
iii. Cargo Claims. If less than a full truckload of Goods is being transported, Carrier liability for loss or damage to Goods shall be as provided under the respective Carrier’s tariff, which may be subject to the release values stated in the National Motor Freight Classification.
Credit, Billing, and Payment Terms
Credit Application:
Customers must receive credit approval from Windmill Transport (WMT) before shipments are arranged. Required documentation includes:
A completed and signed Customer Profile Form
Billing info including physical/billing address, AP contact name, phone, and email
Federal Tax ID, DUNS number, business type, incorporation date, owner/President’s name, and any applicable MC, DOT, or freight forwarder numbers
Requested NET terms (default is NET 30 if unspecified)
Invoices & Delivery Method:
Invoices are sent via email by default or uploaded to the customer portal if required.
Third-Party Billing:
If using a third-party payment service, the customer remains fully responsible for timely payment, regardless of third-party arrangements.
Credit Review & Updates:
WMT may periodically review and update credit info using public data or customer-provided financials. Using WMT’s services constitutes consent to these reviews.
Credit Hold:
Accounts with past-due invoices may be placed on hold and pending shipments may be canceled until payment is received.
Credit Limits & Revocation:
WMT may approve, change, or revoke credit limits at its discretion without explanation. If credit is revoked, all unpaid balances become immediately due.
Rates & Charges:
Quoted rates are subject to these Terms. Additional charges may apply for discrepancies in weight, pallet count, commodity, timing, consignment, and other accessorials. If no rate was agreed prior to shipment, WMT’s current market rates will apply. Invoices include freight charges, fuel, and applicable accessorials. Discrepancies must be reported in writing within 5 business days of invoice receipt.
Special Requirements:
Special shipment instructions must be communicated in writing before pickup. Border documentation is the customer's responsibility. Delays due to customs or missing paperwork may incur charges.
Dispute Resolution:
Invoice disputes must be submitted in writing within 5 business days, with documentation. If not, the invoice is deemed accepted. WMT will assess disputes in good faith but reserves final decision rights.
Detention Charges:
The first 2 hours at pickup or delivery are free. After that, detention is negotiated in writing with your sales or operations rep. In most situations, maximum detention pay will not be higher than a layover charge.
Payment Terms:
All payments must be in U.S. Dollars and received by the due date on the invoice. Late payments are subject to a 1.5% monthly service charge. Customers are responsible for all legal and collection costs.
Liability for Payment:
Customers are responsible for all charges, even if instructed to bill another party. WMT may bill any party with an interest in the goods if invoices remain unpaid.
Prepayment:
Prepayment is required if credit is not approved. Prepaid customers may be subject to additional accessorial fees. By using a credit or debit card, customers agree to cover related processing or overdraft fees and waive any chargeback rights.