Last Updated: May 27, 2025
By tendering freight, merchandise, or other property (collectively, the “Goods”) to CrossDockNow.com, its parent, subsidiaries, affiliates, employees, officers, directors, agents, subcontractors, vendors, and representatives (collectively, “CDN” or “we/us/our”), the shipper, consignee, owner of the Goods, and any other person or entity having or claiming an interest in the Goods (collectively, “Customer/you/your”) acknowledge that they have read, understood, and agree to be legally bound—without exception—by these Terms and Conditions (“Terms”). These Terms supersede and replace any prior or contemporaneous agreements, tariffs, bills of lading, rate sheets, service guides, purchase orders, oral promises, or other terms, unless expressly accepted by CDN in a separate written agreement signed by an authorized officer of CDN.
“Services” means any and all cross‑docking, transloading, warehousing, handling, drayage, transportation arrangement, storage, consolidation, deconsolidation, labeling, packaging, or related services performed or arranged by CDN at any time.
Services are provided exclusively at CDN’s facility in Laredo, Texas or at such other locations, vendors, or subcontractors as CDN may elect in its sole discretion. CDN may decline, suspend, or modify Services, shipments, or these Terms at any time and for any reason, with or without notice.
4.1 Due Date. All charges are earned upon tender of the Goods and are payable in full immediately—unless CDN agrees in writing to alternate credit terms—and without set‑off or deduction.
4.2 Right to Hold Goods. CDN shall have, and Customer hereby grants, a continuing first‑priority warehouseman’s, carrier’s, and general lien on the Goods and on any monies due Customer, to secure payment of all present and future charges, advances, expenses, fees (including attorneys’ fees and costs), and any other sums owing to CDN. CDN may retain possession of, refuse to release, and/or sell the Goods at public or private sale—at Customer’s risk and expense—after giving any notice required by applicable law.
4.3 Release at Discretion. Notwithstanding the foregoing lien, CDN reserves the absolute right, but not the obligation, to release or deliver the Goods to (i) the record owner of the Goods, (ii) any person presenting documentary evidence of ownership satisfactory to CDN, or (iii) any party designated by a court of competent jurisdiction, all as CDN may determine in its sole discretion.
CDN reserves the unrestricted right to reject, refuse, reroute, return, dispose of, or otherwise handle any shipment or individual item of Goods for any reason, including but not limited to: non‑compliance with these Terms, improper or inadequate packaging, hazardous character, unpaid charges, legal prohibitions, force majeure, or at CDN’s sole business discretion. CDN may amend rates, methods, schedules, or any aspect of the Services at any time.
CDN’s posted hours of operation are estimates only and may change at any time without notice due to employee availability, holidays, weather, facility maintenance, safety concerns, or for any other reason deemed appropriate by CDN. CDN shall not be liable for any costs, losses, or damages arising from such changes.
Customer represents and warrants that: (a) it is lawfully entitled to tender the Goods; (b) all descriptions, weights, counts, dimensions, and classifications are complete and accurate; (c) no Goods are hazardous, dangerous, explosive, perishable, restricted, or regulated except as fully disclosed in writing to, and accepted in writing by, CDN; and (d) the Goods are properly marked, packaged, labeled, and classified for safe handling and transit. CUSTOMER SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CDN FROM ANY AND ALL CLAIMS, FINES, PENALTIES, OR DAMAGES ARISING FROM BREACH OF THE FOREGOING WARRANTIES.
CDN DOES NOT PROVIDE CARGO, PROPERTY, OR ANY OTHER INSURANCE. CUSTOMER IS SOLELY RESPONSIBLE FOR OBTAINING, AT ITS OWN EXPENSE, ANY INSURANCE COVERAGE FOR LOSS, DAMAGE, THEFT, OR DELAY TO THE GOODS.
9.1 Absolute Release. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CDN SHALL NOT BE LIABLE—UNDER ANY THEORY OF CONTRACT, TORT (INCLUDING SOLE, JOINT, OR CONCURRENT NEGLIGENCE), STRICT LIABILITY, WARRANTY, OR OTHERWISE—for ANY LOSS, DAMAGE, THEFT, DELAY, MISDELIVERY, FAILURE TO DELIVER, LOSS OF PROFIT, LOSS OF MARKET, LOSS OF USE, INTERRUPTION OF BUSINESS, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES WHATSOEVER AND HOWSOEVER CAUSED, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR CDN WAS ADVISED OF THE POSSIBILITY THEREOF.
9.2 Cap on Liability. In all events, CDN’s aggregate liability, if any, shall be limited to the lesser of (i) USD 100.00 OR (ii) the actual fees paid to CDN for the specific Service giving rise to the claim. CUSTOMER EXPRESSLY WAIVES ANY RIGHTS TO GREATER DAMAGES OR REMEDIES.
9.3 Indemnity. Customer shall defend, indemnify, and hold harmless CDN from and against any and all claims, demands, liabilities, losses, fines, penalties, costs, expenses, and attorney’s fees arising out of or related to: (a) the Goods; (b) Customer’s breach of these Terms; (c) any act or omission of Customer, its agents, contractors, or employees; or (d) CDN’s enforcement of its rights hereunder.
10.1 Unexpected Services. CDN may perform—or arrange for—additional or accessorial services (including but not limited to re‑palletizing, re‑working, re‑labeling, detention, storage beyond agreed period, use of specialized equipment, or overtime labor) as CDN deems necessary for the safe, lawful, or efficient handling of the Goods. Customer shall pay CDN’s then‑current rates or such charges as CDN unilaterally determines are reasonable.
10.2 No Refunds / Credits. All payments are final and non‑refundable. Any refund or credit extended by CDN shall be purely discretionary. CDN may deduct from any such amount administrative or processing fees and compensation for time spent at rates solely determined by CDN.
CDN shall not be liable for any delay, failure, or inability to perform arising from causes beyond its reasonable control, including but not limited to acts of God, weather, fire, flood, epidemic, strike, labor disturbance, war, terrorism, governmental action, embargo, riot, civil commotion, equipment breakdown, or shortage of materials or power.
These Terms shall be governed by, and construed in accordance with, the laws of the State of Texas without regard to its conflicts‑of‑law principles. CUSTOMER IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF, AND VENUE IN, THE STATE OR FEDERAL COURTS LOCATED IN WEBB COUNTY, TEXAS FOR ANY DISPUTE ARISING HEREUNDER, AND WAIVES ALL OBJECTIONS THERETO.
If any provision of these Terms is held unenforceable or invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
No waiver by CDN of any breach or default shall be deemed a waiver of any subsequent breach or default. CDN’s failure to enforce any provision shall not constitute a waiver of its right thereafter to enforce such provision or any other provision of these Terms.
CDN may amend, revise, or replace these Terms at any time, with or without notice, by posting the updated Terms on its website. Continued tender of Goods or request for Services after such posting constitutes Customer’s acceptance of the amended Terms.
Unless otherwise specified, all notices to CDN shall be in writing and delivered to: operations@crossdocknow.com; CrossDockNow.com, 123 Example Logistics Dr., Laredo, TX 78045; Attn: Legal Department.
CUSTOMER ACKNOWLEDGES THAT IT HAS READ THESE TERMS, UNDERSTANDS THEM, AND AGREES TO BE BOUND BY THEM. CUSTOMER FURTHER ACKNOWLEDGES THAT IT HAS HAD THE OPPORTUNITY TO SEEK INDEPENDENT LEGAL COUNSEL REGARDING THESE TERMS BEFORE TENDERING GOODS OR REQUESTING SERVICES.