Terms and conditions governing use of ABGL Inc. services and website
These Terms of Service ("Terms") constitute a legally binding agreement between you (the "Customer," "Shipper," or "User") and ABGL Inc. ("ABGL," "we," "us," or "our"), a freight broker licensed under the Federal Motor Carrier Safety Administration (FMCSA), with its principal office at 3305 Breckinridge Blvd, Suite 108, Duluth, GA, United States.
ABGL Inc. is a licensed freight broker (FMCSA Broker Authority). We arrange for the transportation of freight by connecting shippers with qualified, pre-screened motor carriers. ABGL does not itself transport freight and is not a motor carrier. All transportation is performed by independent motor carriers.
Our services include arranging domestic and cross-border freight transportation within the United States, Mexico, and Canada, including but not limited to: temperature-controlled (reefer) freight, dry van, flatbed, and dedicated fleet services. Cross-border shipments are subject to applicable customs, regulatory, and compliance requirements of each country.
Access to our website at abglinc.com is provided for informational purposes and to facilitate quote requests and inquiries. You agree to use the website only for lawful purposes and in a manner that does not infringe the rights of others or restrict their use of the site.
Each shipment arranged by ABGL is subject to a separate freight brokerage agreement or load confirmation document executed between ABGL and the Customer. In the event of any conflict between these Terms and a specific load confirmation or written agreement, the specific agreement shall control with respect to that shipment.
ABGL exercises reasonable care in selecting carriers and verifies that carriers hold appropriate operating authority, insurance, and safety ratings. However, ABGL does not guarantee the performance, safety, or reliability of any individual carrier and is not responsible for the acts or omissions of motor carriers in performing transportation services.
Customer is responsible for providing accurate and complete information regarding the freight to be shipped, including commodity description, weight, dimensions, freight class (for LTL shipments), special handling requirements, hazardous materials classification (if applicable), and pickup/delivery requirements. Inaccurate information may result in additional charges, delays, or refusal of the shipment.
All rates quoted by ABGL are estimates based on information provided at the time of quoting. Final charges may vary due to accessorial services, fuel surcharge adjustments, weight or freight class corrections, or other factors identified during shipment execution. ABGL will notify Customer of material rate changes prior to confirming a shipment where practicable.
Charges for accessorial services (including but not limited to liftgate service, residential delivery, inside delivery, detention, re-delivery, storage, and limited access fees) are the responsibility of the Customer and will be billed in addition to the base freight rate.
Unless otherwise agreed in writing, payment is due within the timeframe specified on the invoice. Late payments may be subject to interest charges at the maximum rate permitted by applicable law. Customer is responsible for all costs of collection, including reasonable attorneys' fees, in the event of non-payment.
Fuel surcharges are subject to change based on applicable carrier tariffs and prevailing fuel indices (such as the U.S. DOE Weekly Retail On-Highway Diesel Price). Current fuel surcharge levels are reflected in quoted rates at time of booking.
Freight loss or damage claims are governed by the terms of the applicable bill of lading and the liability provisions of the motor carrier performing transportation. For domestic US shipments, carrier liability is generally governed by the Carmack Amendment (49 U.S.C. § 14706). For cross-border shipments into Mexico or Canada, different liability regimes apply and carrier liability may be limited.
As a freight broker, ABGL's liability for freight loss, damage, or delay is limited to direct damages arising from ABGL's own gross negligence or willful misconduct in carrier selection, not to exceed the amount of the brokerage fee paid by Customer for the affected shipment. ABGL is not liable for consequential, indirect, incidental, punitive, or special damages of any kind.
All freight claims must be filed in writing within nine (9) months of delivery (or, in the case of non-delivery, within nine (9) months of the scheduled delivery date), in accordance with 49 C.F.R. § 370. Customer must preserve all packaging, documentation, and evidence of damage to support a claim. ABGL will assist Customer in facilitating claims against the responsible carrier.
ABGL recommends that all Customers obtain appropriate cargo insurance coverage for their shipments. Standard carrier liability limits may not fully cover the value of your freight. ABGL can assist in identifying cargo insurance options upon request. ABGL does not itself insure cargo unless expressly agreed in writing.
For shipments crossing into or out of Mexico or Canada, Customer is responsible for ensuring that all goods are legally exportable/importable and that complete and accurate customs documentation is provided, including commercial invoices, packing lists, certificates of origin (USMCA/T-MEC where applicable), and any permits or licenses required for the specific commodity.
ABGL is not responsible for delays caused by customs inspections, border hold procedures, documentation deficiencies, or actions of customs authorities in any country. Any additional charges resulting from customs holds (including storage, detention, or re-inspection fees) are the responsibility of the Customer.
Customer represents and warrants that no shipment arranged through ABGL contains goods that are prohibited by applicable law in the origin, transit, or destination country. Customer assumes full liability for any shipment containing prohibited or undeclared goods.
Customer agrees to indemnify, defend, and hold harmless ABGL Inc. and its officers, employees, and agents from and against any claims, losses, damages, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) Customer's breach of these Terms; (b) inaccurate or incomplete shipment information provided by Customer; (c) Customer's failure to comply with applicable laws or regulations; or (d) the nature of the goods tendered for shipment.
All content on our website, including text, graphics, logos, and software, is the property of ABGL Inc. or its content suppliers and is protected by applicable intellectual property laws. You may not reproduce, distribute, or create derivative works from our website content without our express written permission.
Our website and informational content are provided "as is" without warranty of any kind. ABGL makes no representations or warranties regarding the accuracy, completeness, or reliability of information on our website. We do not warrant that our website will be uninterrupted, error-free, or free of viruses or other harmful components.
To the fullest extent permitted by applicable law, ABGL Inc.'s total liability to Customer for any claim arising out of or related to these Terms or our services shall not exceed the brokerage fees paid by Customer to ABGL in the three (3) months preceding the event giving rise to the claim. In no event shall ABGL be liable for indirect, consequential, punitive, special, or incidental damages, even if advised of the possibility of such damages.
These Terms shall be governed by and construed in accordance with the laws of the State of Georgia, United States, without regard to its conflict of law principles. Federal law, including applicable provisions of 49 U.S.C. (transportation law), also governs where applicable.
Any dispute arising out of or related to these Terms or ABGL's services that cannot be resolved informally shall be submitted to binding arbitration in Gwinnett County, Georgia, under the rules of the American Arbitration Association (AAA) Commercial Arbitration Rules. Judgment on the arbitration award may be entered in any court of competent jurisdiction.
Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.
ABGL shall not be liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, natural disasters, pandemic, war, civil unrest, government action, labor disputes, carrier equipment failure, or severe weather conditions affecting border crossings or transportation routes.
ABGL reserves the right to modify these Terms at any time. Updated Terms will be posted on this page with a revised "Effective Date." Your continued use of our website or services following any modification constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
These Terms, together with any executed freight brokerage agreement, load confirmation, or other written agreement between ABGL and Customer for a specific shipment, constitute the entire agreement between the parties with respect to the subject matter herein and supersede all prior discussions, representations, or agreements.
For questions about these Terms of Service, please contact: