CUSTOMER TERMS & CONDITIONS

By using our services, you (“Customer”) agree to these Terms and Conditions. Please read them carefully.

McClain & Associates is a licensed property broker under FMCSA MC311552 and DOT 2223799. We provide domestic and international transportation coordination and management services (collectively, the “Brokerage Services”).


Important: McClain does not own trucks, equipment, or vessels and does not act as a carrier. We operate solely as a third-party intermediary and engage independent contractors to
perform transportation and related services.

Unless a separate written agreement exists, these Terms govern all Brokerage Services provided to you.

  • McClain strives to coordinate shipments efficiently but does not guarantee timeliness, except to dispatch reasonably.
  • Customers must provide full, accurate, and timely information about cargo, including hazardous materials, food products, or other regulated goods, and any taxes, tariffs, or
    cross-border requirements (“Cargo Disclosures”).
  • Customers are responsible for indemnifying and holding McClain harmless for any claims, damages, fines, or penalties arising from inaccurate, incomplete, or untimely Cargo Disclosures.
  • Extension of initial credit or continuation of credit is at the sole discretion of McClain. If McClain extends credit, invoices are due within standard terms of net 30 days, unless agreed to otherwise in writing. Late payments accrue a 1.5% monthly finance charge.
  • Customer agrees to be fully responsible for payment of any charges incurred by any subsidiary, associated, or affiliated companies named by Customer and hereby guarantees payment thereof.
  • Customers are responsible for all collection costs, including reasonable attorneys’ fees, in the event of legal action.
  • Invoice disputes must be submitted in writing within 30 days of receipt with sufficient detail for review. If no dispute is submitted, the invoice is considered accepted.
  • McClain requires domestic motor carriers to maintain $100,000 in cargo insurance. 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. For dedicated truckload shipments exceeding $100,000 in value, Customers must secure their own insurance or request a quote for a shipper’s interest policy through McClain.
  • McClain is not liable for cargo loss, theft, damage, or delay beyond the insurance coverage maintained by Carriers.
  • Customers assume risk for shipments via LTL, truckload, rail, air, ocean, or cross-border transport where Carrier liability may be limited.
  • McClain may provide cargo claims management but offers no guarantee of recovery and is not liable for claims solely for managing them.
  • Customers may not withhold or offset payments to McClain due to cargo claims.

McClain shall maintain the following insurance policies, at all times during the term of these Terms and Conditions:


  Coverage                                                                                                                                                      Limit


                     Commercial General Liability                                                                                                                              $2,000,000.00

                     Automobile Liability                                                                                                                                              $2,000,000.00

                    Contingent Cargo                                                                                                                                                      $100,000.00

                    Workers Compensation                                                                                                                                      $1,000,000.00

  • Customers must provide goods properly packaged, marked, and accompanied by a manifest or bill of lading.
  • Goods that do not conform to the description may be refused.
  • Customers agree to pay rates as agreed in quotes, agreements, or attachments.
  • McClain is not responsible for concealed defects, shortages, or damage caused by inherent characteristics of the goods.
  • McClain will promptly notify Customers of any loss or damage.
  • Claims must be submitted in writing within 30 days of delivery or notification of loss, whichever is shorter. Claims must include:
  • Description of goods
  • Basis for liability
  • Claim value
  • Supporting documentation (carton IDs, claim forms, etc.)
  • McClain is not liable for special, indirect, consequential, or punitive damages, including lost profits or production, even if advised of the possibility.
  • Maximum liability is limited to the insurance maintained by Carriers as described above.
  • These Terms are governed by the laws of Missouri, without regard to conflict of law principles.
  • Jurisdiction and venue for disputes shall be arbitration or, alternatively, the state and federal courts of St. Louis County, Missouri.
  • Customers may not offset payment obligations against disputed claims without written consent from McClain.
  • McClain may update these Terms and Conditions at any time. Continued use of Services constitutes acceptance of the revised Terms.

Customer must defend, indemnify and hold McClain, their employees and agents and Carriers (collectively, for this paragraph, “Indemnified Parties”) harmless against any losses caused by or resulting from:



  • (i) Customer or Customer employees’ or agents’ negligence or intentional misconduct,
  • (ii) Customer breach of these Terms and Conditions, or
  • (iii) Customer or Customer employees’ or agents’ violation of applicable laws or regulations.


Customer must also indemnify the Indemnified Parties from any attempts to recover from them by your insurance carrier or any other party. The obligation to defend includes payment of all reasonable costs of defense, including attorney fees, as they accrue.

By using McClain & Associates’ services, you acknowledge and agree to these Terms and Conditions.