These Terms of Service ("Terms") govern the use of the website, services, and transportation operations provided by Iron Fenix Logistics ("Iron Fenix," "we," "our," or "us"). By engaging our services, submitting a load tender, applying as a driver, or using our website, you agree to be bound by these Terms.
1. Services
Iron Fenix Logistics is a motor carrier authorized by the Federal Motor Carrier Safety Administration (FMCSA), providing flatbed, step-deck, and specialized heavy-haul freight transportation across the contiguous United States, along with 24/7 dispatch support.
2. Carriage of Goods
All shipments are subject to the terms of our standard Broker-Carrier Agreement, Master Transportation Agreement, or the rate confirmation issued for the load, together with the Carmack Amendment (49 U.S.C. § 14706) and applicable federal and state law. In the absence of a separate signed agreement, these Terms govern.
3. Rates, Invoicing & Payment
- Rates are confirmed per load via written rate confirmation prior to dispatch.
- Accessorial charges (detention, layover, tarping, permits, escorts, lumper, TONU) apply per published or quoted schedule.
- Invoices are due net 30 days from receipt unless otherwise agreed in writing.
- Past-due balances accrue interest at 1.5% per month or the maximum rate permitted by law.
4. Cargo Liability
Iron Fenix maintains cargo insurance in accordance with FMCSA requirements. Liability for loss or damage is governed by the Carmack Amendment, subject to the limits stated in the rate confirmation or governing contract. Claims must be filed in writing within nine (9) months of delivery and any lawsuit filed within two (2) years and one (1) day of claim denial.
5. Shipper & Broker Obligations
- Provide accurate commodity description, weight, dimensions, and special handling instructions.
- Properly load, block, brace, and secure freight when shipper-loaded.
- Ensure loaded weight does not exceed legal limits without prior permitting.
- Provide safe and accessible pickup and delivery locations.
6. Driver & Owner-Operator Terms
Drivers and owner-operators contracting with Iron Fenix must hold a valid CDL, current medical certification, and meet all FMCSA qualification standards under 49 CFR Part 391. Independent contractor relationships are governed by a separate Owner-Operator Lease Agreement.
7. Cancellations & TONU
Loads cancelled after dispatch are subject to a Truck Order Not Used (TONU) fee and any accrued deadhead, fuel, and time-based charges as detailed in the rate confirmation.
8. Force Majeure
Neither party is liable for delay or failure to perform caused by events beyond reasonable control, including weather, road closures, accidents, labor actions, government orders, pandemics, or acts of war.
9. Indemnification
Each party agrees to indemnify and hold harmless the other from claims arising from its own negligence or willful misconduct, subject to the limits and allocations stated in any governing written contract.
10. Website Use
The Iron Fenix website is provided "as is." We do not warrant uninterrupted or error-free operation. You may not use the site to transmit unlawful, harmful, or infringing content, or to attempt unauthorized access to our systems.
11. Governing Law & Venue
These Terms are governed by the laws of the State of Texas and applicable federal law. Venue for any dispute lies exclusively in the state or federal courts located in Harris County, Texas.
12. Changes to Terms
We may update these Terms from time to time. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.
13. Contact
Iron Fenix Logistics
Houston, Texas
Phone: +1 (432) 231-0457
Email: info@ironfenixlogistics.com