Shipper Agreement
Version: v1 · Effective Date: June 1, 2026 · Governing Law: State of Delaware, United States
1. Acceptance and Eligibility
This Shipper Agreement ("Agreement") is entered into between RIG53, Inc.("RIG53," "we," "us," or "our"), a Delaware corporation operating the RIG53 platform at rig53.com, and the shipper entity or individual that has registered for a shipper account and accepted this Agreement ("Shipper," "you," or "your").
By creating a shipper account, checking the acceptance checkbox, or tendering any freight through the RIG53 platform, you acknowledge that you have read, understood, and agree to be legally bound by this Agreement. Your acceptance timestamp is recorded and stored by RIG53.
To be eligible, you must be a lawfully organized business or individual with authority to tender freight for transportation. You must comply with all applicable laws governing the shipment of your goods, including DOT regulations, FMCSA requirements applicable to shippers, and all federal and state laws governing the commodities you tender.
2. Freight Tender Obligations
2.1 Timely Tender
You must make freight available for pickup at the agreed location and time set forth in the applicable load posting, Rate Confirmation, or booking confirmation. Detention charges may apply if freight is not ready for loading within the agreed free-time period. Standard free time is two (2) hours from the scheduled pickup appointment unless otherwise agreed in writing.
2.2 Shipper Load and Count
Where freight is loaded by you or your agents, you assume responsibility for proper loading, blocking, bracing, and securing of the cargo within the trailer. The carrier's liability for freight that is "shipper load and count" ("SL&C") may be limited where damage or shortage results from your loading practices.
2.3 Cancellation
If you must cancel a tendered load after a carrier has been dispatched, you must notify RIG53 and the applicable carrier or broker at least 4 hours before the scheduled pickup. Late cancellations may result in a cancellation or truck order not used ("TONU") charge payable to the carrier or broker.
3. Freight Description Accuracy
3.1 Mandatory Accuracy
You are solely responsible for providing complete and accurate descriptions of all freight tendered through the RIG53 platform, including: commodity type and name, total weight, piece count, dimensions, value, temperature requirements, special handling instructions, and any known characteristics that affect transportation, packaging, or liability.
3.2 Misrepresentation Liability
If freight is misdescribed, underweighted, or has undisclosed characteristics that result in additional carrier costs, cargo damage, injury, or regulatory violation, you are liable for all resulting damages and charges, including reweigh fees, reclassification costs, equipment damages, fines, and any claim or penalty arising from the misrepresentation.
4. Hazardous Materials Disclosure
4.1 Mandatory Pre-Tender Disclosure
If any freight to be tendered constitutes hazardous materials as defined under 49 CFR Part 172, you must disclose this prior to load posting and tender. You must provide all required hazmat documentation including a Shipper's Declaration for Dangerous Goods, proper UN numbers, packing group classifications, and emergency response information.
4.2 Shipper Liability for Hazmat
You are fully liable for any fines, penalties, cleanup costs, personal injury, or property damage resulting from your failure to properly identify, label, package, or document hazardous materials in accordance with 49 CFR Parts 171–180 and all applicable DOT regulations.
4.3 Prohibited Commodities
You may not tender on the RIG53 platform any freight that is illegal to transport under federal or applicable state law, including but not limited to: illegal narcotics, contraband, certain categories of prohibited explosives, and live animals (unless expressly supported by an applicable platform service tier).
5. Cargo Liability
5.1 Carrier Liability Standard
Motor carriers transporting your freight are liable for cargo loss or damage under the Carmack Amendment (49 USC §14706), subject to applicable defenses and limitations. RIG53 is not a carrier and assumes no liability for cargo loss, damage, or delay.
5.2 Declared Value and Insurance
If the value of your freight exceeds standard carrier cargo insurance limits, you are responsible for declaring that value at the time of tender and for obtaining supplemental cargo insurance coverage. Failure to declare excess value may limit your recovery in a cargo claim.
5.3 Claims Procedure
All cargo claims must be submitted in writing to the carrier and RIG53 within 9 months of delivery (or the expected delivery date for lost freight). Claims must include: description and documentation of the loss or damage, original BOL and freight bill, and proof of freight value.
6. Bill of Lading
6.1 Issuance
You must ensure a complete and accurate Bill of Lading ("BOL") is prepared and tendered to the carrier at the time of pickup. The BOL is a receipt for the freight, a contract of carriage, and a document of title. You are responsible for the accuracy of all information you provide for inclusion in the BOL.
6.2 RIG53 Platform BOL
BOLs generated through the RIG53 platform incorporate the terms of this Agreement by reference. Where a carrier's or broker's BOL form conflicts with this Agreement, the terms most protective of freight security and accurate documentation shall control.
6.3 Electronic BOL
Electronic BOLs generated and signed through the RIG53 platform are legally binding documents under applicable state electronic records laws (UETA) and the federal E-SIGN Act (15 USC §7001 et seq.).
7. Accessorial Charges
7.1 Shipper Responsibility
You are responsible for any accessorial charges that arise from your freight or facilities, including but not limited to: detention, layover, truck order not used (TONU), lumper fees, redelivery charges, inside delivery, liftgate services, and residential delivery charges, unless otherwise agreed in writing in the Rate Confirmation.
7.2 Advance Disclosure
You must disclose at the time of load posting any known accessorial requirements that will be imposed at pickup or delivery (e.g., appointment required, dock hours, lumper required, liftgate needed). Failure to disclose may result in additional charges for which you will be liable.
8. Payment Terms
8.1 Platform Fees
Fees for use of the RIG53 platform by shippers are set forth in your applicable subscription plan or usage agreement. All platform fees are due in accordance with the billing terms of your account.
8.2 Freight Charges
Freight charges payable to carriers or brokers are determined by the applicable Rate Confirmation. RIG53 may facilitate payment processing as a platform service, but ultimate responsibility for freight charge payment rests with you unless you have engaged a licensed broker to arrange and pay for transportation on your behalf.
8.3 Disputed Charges
Disputes regarding freight charges must be submitted in writing within 30 days of invoice receipt. You may not withhold undisputed amounts pending resolution of a separate dispute.
9. Platform Role — Neutrality
RIG53 is a neutral platform that facilitates connections between shippers, freight brokers, and motor carriers. RIG53 is not a motor carrier, freight forwarder, or broker. RIG53 does not take possession of freight, does not issue its own Bills of Lading as a carrier, and does not guarantee carrier performance, freight rates, delivery times, or cargo safety.
Each freight transaction on the RIG53 platform is a bilateral agreement between you (or your designated broker) and the applicable carrier. RIG53 facilitates but is not a party to the transportation contract unless expressly stated.
10. Confidentiality
You agree to keep confidential all non-public information disclosed through the RIG53 platform, including carrier rates, broker terms, platform pricing, and operational data. You may not use platform data outside the scope of arranging freight transportation or disclose it to third parties without written consent.
11. Indemnification
You agree to defend, indemnify, and hold harmless RIG53, Inc. and its officers, directors, employees, agents, successors, and assigns from and against any claims, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your breach of this Agreement; (b) inaccurate or incomplete freight descriptions; (c) undisclosed hazardous materials; (d) improper loading or packaging; (e) your violation of applicable law; (f) claims arising from your freight; or (g) any claim by a carrier or broker resulting from your acts or omissions.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, RIG53 IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF THIS AGREEMENT, INCLUDING CARGO LOSS, DELIVERY FAILURE, OR CARRIER NON-PERFORMANCE. RIG53'S TOTAL LIABILITY SHALL NOT EXCEED PLATFORM FEES PAID BY YOU IN THE 12 MONTHS PRECEDING THE CLAIM.
13. Term and Termination
13.1 Term
This Agreement commences on the date of acceptance and continues until terminated by either party.
13.2 Termination for Convenience
Either party may terminate upon 30 days' written notice. Outstanding load obligations survive termination.
13.3 Termination for Cause
RIG53 may terminate immediately upon fraudulent activity, material misrepresentation of freight, repeated hazmat non-disclosure, non-payment, or material breach of this Agreement.
14. Dispute Resolution
14.1 Informal Resolution
The parties agree to attempt good-faith informal resolution for 30 days before initiating formal proceedings.
14.2 Binding Arbitration
Unresolved disputes shall be submitted to binding arbitration administered by the AAA under its Commercial Arbitration Rules. Seat: Wilmington, Delaware. Class action proceedings are waived. The award is final and may be entered as a court judgment.
15. Governing Law
This Agreement is governed by the laws of the State of Delaware, without regard to conflict-of-law provisions, except where superseded by federal transportation law. Subject to Section 14, the parties consent to the exclusive jurisdiction of courts in Wilmington, Delaware.
16. Miscellaneous
16.1 Entire Agreement
This Agreement, together with the RIG53 Terms of Service and Privacy Policy, constitutes the entire agreement between you and RIG53 with respect to your use of the platform as a shipper.
16.2 Amendments
RIG53 may amend this Agreement by posting an updated version at rig53.com/legal/shipper-agreement. Continued use constitutes acceptance. Material changes will be communicated at least 14 days in advance.
16.3 Legal Counsel Notice
This Agreement has been drafted for informational and operational purposes. RIG53 recommends that all shippers review this Agreement with qualified transportation and legal counsel before tendering freight on the platform.
17. Contact
For questions or notices under this Agreement, contact RIG53 at:
RIG53, Inc.Legal Department
Email: legal@rig53.com
Website: rig53.com/contact