Terms of Service

1. Agreement to These Terms

These Terms of Service govern your access to the KTT Wagoner LLC website and your use of the freight coordination services that KTT Wagoner LLC provides. By visiting our website, submitting a message through our contact form or engaging our services, you agree to be bound by these terms. If you do not agree with any part of these terms, please do not use the website or the services.

These terms apply together with any written agreement, rate confirmation or statement of work that you and KTT Wagoner LLC sign. Where a signed agreement conflicts with these terms, the signed agreement governs the matter it addresses.

2. Definitions

In these terms, the words below have the meanings given here.

• Company, we, us and our refer to KTT Wagoner LLC, 1758 S 1900 W Ste B1, West Haven - 84401-0371, United States (US).
• Customer, you and your refer to the person or business that uses the website or engages our services.
• Carrier refers to a transport operator engaged to move a consignment.
• Consignment refers to the goods described in a load request.
• Services refers to the freight coordination services described in these terms.
• Website refers to kttwagoner.buzz and any page or feature made available through it.

3. Services We Provide

KTT Wagoner LLC provides freight coordination services. These services include load matching, route planning, schedule coordination, freight documentation, carrier liaison and seasonal capacity planning, together with the systems design work that supports them.

The services we provide are coordination and professional services. Unless a separate written agreement states otherwise, KTT Wagoner LLC does not operate as a motor carrier, does not hold itself out as a carrier and does not assume the role of a freight broker for any shipment. Carriers engaged to move a consignment operate under their own authority and are responsible for the transport itself, including compliance with transport law and the safety of the load.

We may add, change or withdraw a service at any time. We will give reasonable notice of a material change that affects an active arrangement.

Each of our six services can be engaged on its own or as part of a wider arrangement. Load matching places a consignment with a suitable carrier, route planning sets the roads and alternates it will follow, schedule coordination aligns the clocks of every party, freight documentation prepares and audits the papers, carrier liaison holds the relationship and the escalations, and seasonal capacity planning reserves equipment against the weeks that strain the fleet.

4. Eligibility and Accounts

Our website and services are intended for businesses and for adults. By using them, you confirm that you are at least the age of majority in your region and that you have the authority to bind the business you represent.

Where we provide access credentials, you are responsible for keeping them confidential and for all activity that occurs under them. You agree to tell us promptly if you believe a credential has been compromised. We may suspend or close access if we reasonably believe it is being used unlawfully or in breach of these terms.

5. Customer Obligations

Coordination works only when the parties involved provide accurate and timely information. You agree to do the following.

• Provide complete and accurate details about each consignment you ask us to coordinate.
• Tell us promptly about any change that affects a movement, including quantity, timing or destination.
• Make sure the goods you consign may be transported lawfully and are packaged for transport.
• Supply the documents and authorisations that a movement requires.
• Keep your contact details current so that we can reach the right person at the right time.
• Use the website and services only for lawful purposes.

If information you provide is inaccurate or incomplete, the coordination work may be affected, and you remain responsible for the consequences of the inaccuracy.

6. Accuracy of Load Information

A load match is only as good as the information behind it. Weight, dimensions, commodity, temperature requirements, hazardous characteristics and loading constraints all determine which carrier and which route will serve a consignment well. You agree that the information you give us is accurate to the best of your knowledge.

Where a consignment turns out to differ materially from its description, we may need to renegotiate the arrangement, rebook the carrier or delay the movement. Additional costs that arise from a material difference are the responsibility of the customer, except where the difference is caused by our own error.

We may ask for a written confirmation of the load details before we commit a carrier, particularly for a new lane or for a consignment with unusual requirements. That confirmation protects both parties and gives the carrier a clear basis for the movement.

7. Carriers and Third Parties

We select carriers with care, based on their record, their equipment and their fit for a particular lane. Once a carrier is engaged, the transport is performed by that carrier as an independent party. KTT Wagoner LLC does not control the day to day operation of a carrier and is not responsible for the acts or omissions of a carrier, a driver, a receiving dock or any other third party.

Before we place a consignment, we check that a carrier holds the authority and the insurance that the movement requires. We also keep a record of the carriers who have served a shipper well, so that the bench of reliable operators grows with every season.

Where the law or a contract gives you a claim against a carrier for loss of or damage to a consignment, that claim is normally made against the carrier under its own terms and applicable transport law. We will assist you with reasonable information and coordination in pursuing such a claim, but we do not assume the carrier liability ourselves.

8. Documentation and Records

Our freight documentation service prepares, audits and routes the papers a consignment needs. We rely on the information you provide to prepare those papers. You agree to review the documents we return to you and to tell us promptly about any error.

Documentation work can involve bills of lading, packing lists, commercial invoices, customs declarations, delivery receipts and rate confirmations. We check these records against one another for the small mismatches that cause large delays, and we trace each one to the party who should hold it. Our standard is that any party who should hold a paper holds the same version of it.

We keep records of the work we perform for the periods required by law and by our internal standards. You are responsible for keeping your own copies of the records your business requires. Our handling of personal information in these records is described in our Privacy Policy.

9. Scheduling and Appointments

We coordinate schedules and appointment windows to the best of our ability, using the information available at the time. Appointment windows are estimates and can be affected by weather, traffic, carrier availability, dock congestion and other factors outside our control.

Where a window must change, we will tell the affected parties as soon as we learn of the change and will work to find an alternative that meets the needs of the shipment. A missed window does not by itself entitle a party to compensation, except where a separate written agreement provides for it.

10. Fees, Rates and Payment

Fees for our coordination services are set out in a written quotation, a rate confirmation or a statement of work. Unless a document says otherwise, fees are stated in United States dollars and do not include taxes, duties or third party charges that may apply.

Invoices are payable within the period stated on the invoice. Where an invoice is not paid on time, we may suspend the services and charge interest on the overdue amount at the maximum rate the law allows. You are responsible for charges that a carrier or another party properly imposes in connection with a movement you requested.

We may ask for a deposit or for payment in advance for a new arrangement or for work that carries unusual risk. Any such requirement will be explained to you before the work begins.

Where a shipper runs a regular lane, we may agree a standing rate for a defined period. A standing rate gives the shipper predictability and gives the carrier a reason to reserve equipment for the lane before the spot market takes it.

11. Cancellation and Rebooking

You may cancel a coordination request or a booked movement by telling us as early as possible. The cost of a cancellation depends on how far the arrangement has progressed. Where a carrier has already committed equipment or begun a trip, the carrier may charge for the cancellation and that charge is passed to you.

We may cancel or decline a request if the information provided is incomplete, if the movement cannot be performed lawfully or safely, if a carrier is not available or if a necessary payment has not been made. Where we cancel at our convenience, we will tell you promptly and will not charge a coordination fee for the cancelled work.

12. Limitation of Liability

To the fullest extent the law allows, KTT Wagoner LLC is not liable for indirect, incidental, special, consequential or punitive damages, or for loss of profit, loss of revenue, loss of data or loss of business opportunity, arising out of or relating to the website or the services, even if we have been advised of the possibility of such damages.

To the fullest extent the law allows, our total liability for any claim arising out of or relating to the website or the services is limited to the amount of the coordination fees we received for the specific engagement that gave rise to the claim. Nothing in these terms excludes liability that cannot lawfully be excluded, including liability for fraud or for death or personal injury caused by our negligence.

Some jurisdictions do not allow a limitation of certain warranties or damages, so part of the section above may not apply to you. Where a limit is found to be unenforceable, the remaining parts of these terms continue in force and the limit is applied to the greatest extent the law allows.

13. Indemnification

You agree to indemnify and hold harmless KTT Wagoner LLC and its members, employees and agents from any claim, loss, liability, cost or expense, including reasonable legal fees, that arises out of your use of the website or the services, your breach of these terms or the information you provide to us, including information that is inaccurate or that infringes the rights of another party.

This obligation survives the end of your relationship with KTT Wagoner LLC for as long as a claim may arise.

14. Confidentiality

Each party may receive information about the other that is not public, such as rate details, lane volumes, customer lists or coordination methods. Each party agrees to protect that information, to use it only for the purposes of the arrangement and to share it only with parties who need it to perform the work.

Confidentiality obligations do not apply to information that is public through no fault of the receiving party, that the receiving party already lawfully held or that the law requires it to disclose. Where the law requires a disclosure, the disclosing party will give notice where it is lawfully able to do so.

15. Intellectual Property

The website and its content, including text, layout, graphics and the code that builds the pages, are owned by KTT Wagoner LLC or are used with permission. The name KTT Wagoner LLC, the site design and the coordination methods we describe belong to the company.

You may view and print pages from the website for your own business use. You may not copy, modify, publish, sell or distribute the content or the design without our written permission. Nothing in these terms transfers ownership of any intellectual property from KTT Wagoner LLC to you.

16. Acceptable Use of the Website

You agree to use the website lawfully and to avoid activity that harms the site or the people who use it.

• Do not attempt to gain unauthorised access to the site or to its systems.
• Do not use the site to send unlawful, misleading, abusive or harmful content.
• Do not introduce malware or interfere with the operation of the site.
• Do not scrape the site or overload it with automated requests.
• Do not impersonate another person or misrepresent your authority.

We may suspend or block access if we reasonably believe these rules have been broken, and we may report unlawful activity to the relevant authorities.

17. Force Majeure

Neither party is liable for a failure or delay caused by an event beyond its reasonable control. Such events include severe weather, road and pass closures, natural disaster, fire, flood, epidemic, labour action, war, civil disturbance, a failure of power or communication networks, and an act of a public authority.

Where such an event prevents performance, the affected party will tell the other promptly and will work in good faith to reduce the impact and to resume performance as soon as it is able.

18. Dispute Resolution and Governing Law

The parties will first try to resolve a dispute through good faith discussion. If a dispute cannot be resolved in that way, the parties may agree to mediation before a qualified mediator. If mediation does not resolve the matter, the dispute may be brought before a court of competent jurisdiction.

These terms are governed by the laws of the State of Utah and the applicable laws of the United States, without regard to conflict of law rules. The courts located in Utah have jurisdiction over a dispute that is not otherwise resolved, and each party consents to that jurisdiction.

19. Changes to These Terms

We may update these terms to reflect changes in our services, our practices or the law. When we make a material change, we will revise this page so that the current version is always the one that applies. Your continued use of the website or the services after an update means that you accept the revised terms.

If a change is significant and affects an active arrangement, we will tell the customer directly. If you do not agree with an update, you may stop using the website and may end the arrangement in accordance with its terms.

These terms, together with any signed agreement and our Privacy Policy, form the entire understanding between the parties on the matters they cover. If any part of these terms is found to be invalid or unenforceable, that part will be adjusted to the smallest extent necessary and the rest of the terms will remain in full effect.

20. Contact Information

Questions about these Terms of Service may be sent to KTT Wagoner LLC through the channels below.

We answer questions about these terms during our posted business hours, and match-ups and questions alike are confirmed before the yard closes for the day.