Wicker Park Logistics LLC

Terms and Conditions of Service

A property broker licensed by the Federal Motor Carrier Safety Administration  |  MC No. 1201135  |  USDOT No. 3568399
Effective Date: 6/16/2026

Wicker Park Logistics LLC (“Wicker Park,” “we,” “us,” or “Broker”) is a property broker licensed by the Federal Motor Carrier Safety Administration (“FMCSA”). Wicker Park arranges for the transportation of freight by third-party motor carriers and other licensed transportation providers. Wicker Park is not a motor carrier, air carrier, or ocean common carrier, does not operate equipment or employ drivers, and does not itself transport freight. These Terms and Conditions of Service (“Terms”) govern all services that Wicker Park provides to its customers.

1. Acceptance and Application of These Terms

By tendering a shipment to Wicker Park, by requesting, booking, or accepting Wicker Park’s services, by submitting a credit application to Wicker Park, or by otherwise doing business with Wicker Park, the customer (“Customer,” “you,” or “Shipper”) agrees to be bound by these Terms.

If Customer and Wicker Park have signed a separate written Broker/Shipper Agreement or other written contract covering the services, that signed agreement controls to the extent its terms conflict with these Terms, and these Terms apply to all matters the signed agreement does not address. In the absence of a signed written agreement, these Terms constitute the agreement between Customer and Wicker Park for the services and apply by default to every shipment Customer tenders.

No purchase order, bill of lading, tariff, delivery receipt, website, or other document issued by Customer, and no term printed on or referenced by any such document, adds to, varies, or supersedes these Terms, regardless of whether Wicker Park signs or acknowledges the document, unless an authorized representative of Wicker Park expressly agrees to the change in a signed writing.

2. Definitions

“Servicing Motor Carrier” means a third-party motor carrier or other transportation provider engaged by Wicker Park to perform the actual transportation of a shipment.

“Shipment” means freight tendered by or on behalf of Customer for which Customer requests Wicker Park’s services.

“Rate Confirmation” means the written rate and service confirmation issued by Wicker Park for a Shipment.

3. Scope of Services

These Terms apply to Customer and to its subsidiaries, divisions, and co-packers that manufacture or process Customer’s products, to shipments of Customer’s products originating from or destined to third-party storage facilities used by Customer, and to any companies, plants, or facilities Customer acquires after accepting these Terms (collectively, “Facilities”).

These Terms apply to all freight that moves in interstate, intrastate, intra-provincial, or international commerce from origin points in the United States, Canada, and Mexico to destination points in the United States, Canada, and Mexico, including:

• inbound movements billed collect to Customer’s Facilities;
• outbound movements billed prepaid from Customer’s Facilities;
• outbound movements billed collect from Customer’s Facilities;
• shipments on which Customer is shown on the bill of lading as the third-party payor of freight charges; and
• any other shipment tendered from time to time by Customer to Wicker Park for broker services.

The relationship is non-exclusive. Nothing in these Terms grants Wicker Park any exclusive right to perform brokerage services for Customer or obligates Customer to tender any minimum volume of freight.

Broker, not carrier, for all services. Wicker Park arranges a range of transportation services, which may include truckload, less-than-truckload, partial, flatbed, intermodal, drayage, expedited, temperature-controlled, power-only, oversized, hazardous-materials, international, ocean, air, and last-mile movements. For every service, regardless of mode, Wicker Park acts solely as a broker that arranges transportation. The transportation itself is performed by third-party Servicing Motor Carriers and other licensed transportation providers. Wicker Park does not operate equipment, employ drivers, or transport freight, and does not act as the carrier of record for any mode.

4. Broker Status; Compliance With Law; No Carrier Liability

Wicker Park represents that it is duly and legally qualified to operate as a property broker and to arrange the transportation services described in these Terms, and it agrees to comply with all applicable federal, state, and local laws governing the provision of brokerage services. The parties understand and agree that Wicker Park functions as an independent intermediary, and not as a carrier, in selling, negotiating, providing, and arranging transportation for compensation, and that the actual transportation of shipments tendered to Wicker Park is performed by third-party motor carriers (“Servicing Motor Carriers”).

Wicker Park is not financially liable for any (i) act, inaction, or other misconduct of any Servicing Motor Carrier transporting freight for Customer; (ii) delay or failure of a Servicing Motor Carrier to deliver any shipment; or (iii) cargo loss, damage, or shortage on any shipment being transported to or for Customer by any Servicing Motor Carrier.

5. Payment and Charges

Acceptance of shipments. Customer may tender shipments to Wicker Park from time to time. A variety of factors determine whether a Servicing Motor Carrier will accept and deliver a given shipment, including the availability of drivers, the origin and destination, the type of goods, and the rate offered. Wicker Park has no obligation to accept any shipment tendered, and does not guarantee that it will be able to secure a Servicing Motor Carrier willing and able to accept a given shipment.

Rates and invoices. For any shipment tendered by Customer and accepted by Wicker Park, Wicker Park will invoice Customer in accordance with the rates and charges agreed to in writing by both parties before the shipment moves. If rates are negotiated and not otherwise confirmed in writing, those rates are considered “written” and are binding on Wicker Park’s invoice to Customer and on Customer’s payment to Wicker Park. If services are provided and it is later discovered that there was no applicable or understood rate, the charges invoiced by Wicker Park will be the agreed contract rate for the services provided, unless Customer objects within five (5) days of the invoice date.

Payment terms. Customer agrees to pay Wicker Park within thirty (30) days of receiving any invoice, without deduction or setoff unless agreed in writing, together with interest accruing monthly on past-due invoices at the lesser of (i) one percent (1%) per month or (ii) the maximum rate allowed by controlling law. Customer is also liable for any expenses, including court costs and attorney fees, that Wicker Park incurs in collecting its rates and charges.

Payment to carriers. Wicker Park is responsible for paying freight and other accessorial charges to the Servicing Motor Carriers it engages once Customer has paid those charges to Wicker Park. Wicker Park maintains in its written contracts with Servicing Motor Carriers that Wicker Park has the exclusive right to handle all billing of freight charges to Customer for the transportation services provided.

Disputed charges. If Customer seeks to contest charges billed by Wicker Park, it must do so within thirty (30) days of the date Customer receives the contested invoice. “To contest” means that Customer mails, e-mails, or transmits a facsimile to Wicker Park stating its objections to the charges billed, including the reasons for the objection.

Customer compliance. Customer remains responsible for ensuring that all shipping and product-handling instructions comply with all applicable state and federal laws and regulations governing the goods being shipped and the prevention of adulteration, including the Federal Food, Drug, and Cosmetic Act, the Federal Meat Inspection Act, the Federal Poultry Products Inspection Act, the FDA Food Safety Modernization Act of 2011, the Sanitary Food Transportation Act of 2005, any applicable Canadian federal legislation, and any other applicable law, rule, or regulation of similar kind, each as amended. Wicker Park has no responsibility for monitoring or ensuring any of the foregoing.

6. Servicing Motor Carriers

Unless otherwise agreed in writing, Wicker Park requires by written contract that each Servicing Motor Carrier providing transportation services agrees:

• that it is duly and legally licensed under applicable state, provincial, and federal law to provide the transportation services, and that it does not have an unsatisfactory or unfit safety rating issued by the U.S. Department of Transportation (“DOT”) or any state or provincial authority with jurisdiction over its operations;
• that it performs services under contract, and that no provision of any tariff, service guide, bill of lading, delivery receipt, or other shipment documentation applies to services performed with respect to shipments tendered by or to Customer;
• that it will obtain a receipt showing the kind and quantity of product delivered to the consignee at destination;
• that it will furnish all equipment at its sole cost and expense, use only legally licensed and qualified personnel, and provide all services as an independent contractor;
• that it accepts liability as a motor carrier under the Carmack Amendment (49 U.S.C. § 14706, as amended) for loss or damage to goods, with no limitation of liability except that the Servicing Motor Carrier’s full-value liability is limited to $100,000 per trailer or conveyance unless a higher value is declared in writing before pick-up and the carrier has agreed to it, and that it waives any right to salvage;
• that it will, at its sole cost and expense, procure and maintain Commercial General Liability insurance of not less than $1,000,000 per occurrence; Commercial Automobile/Trucking Liability insurance of not less than $1,000,000 per occurrence; All-Risk Broad-Form Motor Truck Cargo Legal Liability insurance of not less than $100,000 per occurrence; and Workers’ Compensation insurance with statutory limits;
• that it will defend, indemnify, and hold harmless Customer and Wicker Park from any claims arising from the services to the extent caused by the carrier’s negligence or other wrongful conduct; and
• that it will perform the transportation directly with equipment under its own authority, and will not co-broker, trip-lease, or otherwise subcontract the transportation of any shipment, except for permitted interlining.

7. Indemnification

Wicker Park will indemnify, defend, and hold Customer harmless from and against any and all liability, claims, loss, costs, fines, penalties, expenses (including attorney fees), or judgments arising directly out of the services provided in connection with these Terms to the extent caused by (1) the gross negligence or intentional misconduct of Wicker Park; (2) Wicker Park’s or its employees’ violation of applicable laws or regulations; (3) Wicker Park’s breach of these Terms; or (4) claims for payment made by Servicing Motor Carriers, provided Customer has made timely payment to Wicker Park, without offset, of the full amount owed for the services underlying the carrier’s claim (including all freight charges, fuel charges, tolls, scale charges, wash charges, other ancillary charges, and brokerage fees).

Customer will indemnify, defend, and hold Wicker Park harmless from and against any and all liability, claims, loss, costs, fines, penalties, expenses (including attorney fees), judgments, or demands of any kind, including personal injury, property damage, and cargo damage, suffered by any person and directly or indirectly arising out of Customer’s performance, to the extent caused by (1) the negligence or intentional misconduct of Customer; (2) Customer’s or its employees’ or agents’ violation of applicable laws or regulations; (3) Customer’s or its employees’ or agents’ breach of these Terms; (4) the goods purchased, sold, or shipped by Customer or services rendered by Customer; (5) any error in shipping paperwork or handling instructions from Customer; or (6) any injury to or death of any driver or other third party at any Facility.

If such claims are caused by the joint and concurrent negligence or other fault of the parties, or of the parties and a third party, the indemnity obligations are borne by each party in proportion to its degree of fault. Any indemnified party will promptly tender the defense of any claim to the indemnifying party. In no event will Wicker Park be responsible for any special, punitive, or consequential damages under these Terms, regardless of whether Wicker Park had notice of the possibility of such damages.

8. Independent Contractor

Wicker Park is an independent contractor under these Terms. Wicker Park’s employees are under Wicker Park’s exclusive management and control, and Customer neither exercises nor retains any control over Wicker Park, its operations, or its employees in any manner.

9. Broker Insurance

Wicker Park complies with all insurance and bonding requirements imposed on it by law, including its obligation to maintain a broker surety bond for the benefit of its customers.

10. Cargo Loss, Damage, or Shortage

Customer acknowledges and agrees that a Servicing Motor Carrier’s liability for cargo loss and damage is limited to $100,000 per trailer or conveyance. When communicating a shipment to Wicker Park, and in no event later than forty-eight (48) hours before scheduled pick-up, Customer may request that Wicker Park arrange transportation with a higher declared valuation, as set forth in the Rate Confirmation. If Wicker Park agrees, it will arrange transportation with a Servicing Motor Carrier that accepts the higher valuation, provided Customer declares the increased value on the face of the bill of lading presented at pick-up.

In the event of a cargo loss, damage, or shortage claim, Wicker Park will facilitate filing the claim with the Servicing Motor Carrier as long as Customer complies with this section. Customer agrees to notify Wicker Park promptly after becoming aware of any such claim and to submit a written claim, fully supported by all relevant documentation (including the signed delivery receipt), describing the nature and cause of the claim. Customer must submit a written claim to Wicker Park within one (1) month of delivery, or within one (1) month of the date delivery should have occurred if no delivery is made; otherwise Wicker Park has no obligation to assist in facilitating the claim.

Wicker Park is not a motor carrier and has no liability for cargo loss, damage, or shortage under any circumstance. Customer acknowledges that Servicing Motor Carriers are not the employees or agents of Wicker Park. A Servicing Motor Carrier’s failure to possess insurance required by law is not a negligent act, omission, or willful misconduct on the part of Wicker Park. Where less-than-truckload, intermodal, or rail shipments are tendered, the published service conditions, accessorial charges, and released rates of the applicable Servicing Motor Carrier apply. Neither Wicker Park nor any Servicing Motor Carrier is responsible for consequential, indirect, incidental, special, punitive, or exemplary damages, or for damages of any type resulting from delay, whether or not foreseeable.

11. Shipping Documents

Unless otherwise agreed in writing, all shipments are accepted on a bill of lading. The bill of lading acts as a receipt only, and in no event are the terms and conditions printed on the bill of lading binding on the parties. On request, Wicker Park will instruct Servicing Motor Carriers to obtain a delivery receipt from the consignee showing the products delivered, the condition of the shipment, and the date and time of delivery.

12. Notification of Accidents or Delays

Wicker Park will notify Customer of any accident or other event of which Wicker Park becomes aware that prevents a Servicing Motor Carrier from making a timely or safe delivery.

13. Non-Circumvention

During the term of the relationship and for a period of three (3) years after it ends, regardless of the reason, neither Customer nor any of its agents will access, contact, solicit, or conduct business with any Servicing Motor Carrier made available by or through Wicker Park, and will not otherwise circumvent or attempt to circumvent Wicker Park by entering into direct or indirect offers, negotiations, or transactions with any Servicing Motor Carrier sourced or provided by Wicker Park. The parties agree that the exact damages from such circumvention would be difficult to determine. Accordingly, in addition to all other remedies available at law or in equity, in the event of circumvention by Customer or its agents or employees, Wicker Park is entitled to liquidated damages equal to ten (10) times the maximum service fees it would have realized from the affected transaction, plus all expenses, including legal fees, incurred in recovering that compensation.

14. Legal Restraint or Force Majeure

If performance by either party is affected by any cause beyond that party’s reasonable control, including fire, labor strife, riot, war, weather conditions, acts of the public enemy, acts of God, acts of terrorism, local or national disruptions to transportation networks or operations, fuel shortages, governmental regulations, or governmental request or requisition for national defense, and provided the cause is not attributable to that party’s acts or omissions and the party is taking reasonable measures to remove or mitigate its effects, then performance of all obligations under these Terms, except the payment of invoices, is suspended during the interruption, and that party will promptly notify the other. The suspension does not invalidate these Terms, and affected performance resumes when operations resume. Neither party is liable for damages resulting from such suspensions.

15. Communications

To the extent practicable, communications between Wicker Park and Customer, including invoicing, payment, Rate Confirmations, and proofs of delivery, will be electronic in a format mutually agreeable to the parties. The parties waive any objection to the authenticity of such electronic communications, provided they comply with the Electronic Signatures in Global and National Commerce Act, the Uniform Electronic Transactions Act, or related applicable legislation.

16. Confidentiality and Non-Solicitation

Neither party may disclose the terms of the parties’ dealings to a third party without the written consent of the other party. Customer agrees to protect and keep confidential Wicker Park’s trade secrets and confidential and proprietary information, and will not directly or indirectly disclose any of them, including information about Wicker Park’s past, present, or potential prices or rates and any other information Wicker Park identifies as confidential or that should reasonably be understood to be confidential. These confidentiality obligations do not apply to the extent disclosure is (i) required by law or regulation; (ii) made to a parent, subsidiary, or affiliate; or (iii) made to facilitate rating or auditing of transportation charges by an authorized agent who agrees to keep the information confidential.

Customer will not use Wicker Park’s name or identity in any advertising or promotional communication without Wicker Park’s written consent. Customer will not solicit any Servicing Motor Carrier of Wicker Park where (1) the carrier first became known to Customer as a result of Wicker Park’s efforts or (2) the carrier was first presented to Customer by Wicker Park. If Customer solicits such carriers during the relationship or for twelve (12) months afterward without using Wicker Park’s services, Customer will pay Wicker Park, for a period of twelve (12) months, commissions equal to twenty-five percent (25%) of the transportation revenue resulting from traffic transported in violation of this provision, and will provide Wicker Park with all documentation requested to verify that revenue.

17. Assignment; Modification; Benefit

Customer may not assign or transfer its rights or obligations, in whole or in part, without Wicker Park’s prior written consent. These Terms are binding on and inure to the benefit of the parties and their permitted successors and assigns.

18. Severability

If the operation of any portion of these Terms results in a violation of any law, that portion is severable, and the remaining provisions continue in full force and effect.

19. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of Illinois. In the event of any disagreement or dispute, the laws of Illinois apply, and suit must be brought in Illinois. Each party submits to the exclusive personal jurisdiction and venue of the state and federal courts located in Illinois for disputes involving these Terms.

20. Changes to These Terms

Wicker Park may revise these Terms at any time by posting an updated version on its website at wickerparklogistics.com. The version of these Terms in effect on the date Customer tenders a shipment governs that shipment. Customer’s continued tender or acceptance of services after a revision is posted constitutes acceptance of the revised Terms.

21. Entire Terms

These Terms, together with any signed Broker/Shipper Agreement and any applicable Rate Confirmations, constitute the entire agreement of the parties with respect to the subject matter, and may not be changed, waived, or modified except in a writing signed by an authorized representative of Wicker Park.

22. Contact Information