Common use of Freight Rates Clause in Contracts

Freight Rates. For all shipments tendered by BROKER and accepted by CARRIER under this AGREEMENT, the rates, charges, and fees for the transportation and services shall be set forth in a Load Confirmation Sheet in a form provided by BROKER. Such rates and charges may be established or amended verbally (by telephone or other means) in order to meet specific shipping schedules, but such verbal agreements shall be confirmed in writing prior to loading of CARRIER’S truck with the property for transportation. Such written Load Confirmation shall include the charges for the shipment and shall also contain, as applicable, the conditions and any additional or accessorial services required to be performed. The Load Confirmation shall be sent by BROKER to CARRIER via computer generated facsimile transmission (FAX); electronic mail (EMAIL) or, alternatively by First-Class Mail prior to loading a load. CARRIER represents and warrants that there are no other applicable rates or charges applicable to the transportation, including those contained in any tariff, terms and conditions, or xxxx of lading, except those established in this Agreement or any Load Confirmation. For all shipments tendered by broker and accepted by carrier under this agreement, all detention, accessorial, and/or additional charges assumed by the carrier must be immediately reported as they occur. Such charges and fees may be established verbally in order to meet specific shipping schedules, but must be confirmed in writing within 24 hrs, via fax or email, in order to receive compensation. Failure to do so may result in exclusion from or reduction of compensation. CARRIER agrees and acknowledges that that CARRIER’S dispatchers and other personnel are authorized to enter into Load Confirmations with BROKER.

Appears in 1 contract

Samples: Transportation Brokerage Agreement

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Freight Rates. For all shipments tendered by BROKER and accepted by CARRIER under this AGREEMENT, the rates, charges, and fees for the transportation and services shall be set forth in a Load or Rate Confirmation Sheet or similar document ("Confirmation Sheet") in a form provided by BROKER. Such Each Confirmation Sheet shall be issued by BROKER, shall be deemed accepted by CARRIER upon the written (includes electronic means of transmission) response by the CARRIER, and shall be incorporated into this AGREEMENT, provided; however, that if the terms and conditions specified in this AGREEMENT are different from the terms and conditions contained in the Confirmation Sheet, the terms and conditions of this AGREEMENT shall prevail. XXXXXXX agrees and acknowledges that that XXXXXXX's dispatchers and other personnel are authorized to enter into Confirmations with BROKER. The rates and charges may included in the Confirmation Sheet shall be established or amended verbally (by telephone CARRIER's sole and exclusive compensation for rendering the services. XXXXXXX agrees that any other rates, tariffs, circulars, pricing authorities or other means) in order similar documents published or offered by CARRIER shall not apply to meet specific shipping schedules, but such verbal agreements shall be confirmed in writing prior to loading the performance of CARRIER’S truck with the property for transportationservices under this AGREEMENT. Such written Load Confirmation Sheet shall include the charges for the shipment and shall also contain, as applicable, the conditions and any additional or accessorial services required to be performed. The Load Confirmation Sheet shall be sent by BROKER to CARRIER via computer generated facsimile transmission (FAX); electronic mail (EMAIL) or, alternatively by First-Class Mail prior to loading a load. CARRIER represents and warrants that there are no other applicable rates or charges applicable to the transportationServices herein, including those contained in any tariff, terms and conditions, or xxxx bill of lading, except those established in this Agreement AGREEMENT or any Load ConfirmationConfirmation Sheet. For all shipments tendered by broker and accepted by carrier under this agreementCARRIER shall advise BROKER at or before incurring Detention, all detention, accessorialAccessorial (including Lumpers), and/or additional charges assumed by ("Charges"), otherwise the carrier must be immediately reported as they occurCARRIER forfeits its right to collect such Charges. Such charges and fees Charges may be established verbally in order to meet specific shipping schedules, but must be confirmed in writing within 24 hrshours, via fax or email, in order for the CARRIER to receive compensation. Failure CARRIER hereby waives its right to do so may result obtain copies of BROKER’s records as provided for under 49 C.F.R. Part 371. Notwithstanding the foregoing, to the extent that CARRIER obtains records set forth in exclusion 49 C.F.R. § 371.3 by any means whatsoever, XXXXXXX agrees to refrain from or reduction utilizing such records in negotiating for the provision of compensationservices with any third party, including existing customers of BROKER. CARRIER XXXXXXX further agrees and acknowledges understands that that CARRIER’S dispatchers all such records comprise BROKER’s confidential information and trade-secrets. Nothing in this section is intended to relieve CARRIER of any other personnel are authorized obligations imposed upon it by this Agreement, or to enter into Load Confirmations with BROKERlimit any rights of BROKER to enforce such obligations.

Appears in 1 contract

Samples: Broker/Carrier Transportation Agreement

Freight Rates. For all shipments tendered by BROKER and accepted by CARRIER under this AGREEMENT, the rates, charges, and fees for the transportation and services shall be set forth in a Load or Rate Confirmation Sheet or similar document (“Confirmation Sheet”) in a form provided by BROKER. Such Each Confirmation Sheet shall be issued by BROKER, shall be deemed accepted by CARRIER upon the written (includes electronic means of transmission) response by the CARRIER, and shall be incorporated into this AGREEMENT, provided; however, that if the terms and conditions specified in this AGREEMENT are different from the terms and conditions contained in the Confirmation Sheet, the terms and conditions of this AGREEMENT shall prevail. XXXXXXX agrees and acknowledges that that XXXXXXX’s dispatchers and other personnel are authorized to enter into Confirmations with BROKER. The rates and charges may included in the Confirmation Sheet shall be established or amended verbally (by telephone CARRIER’s sole and exclusive compensation for rendering the services. XXXXXXX agrees that any other rates, tariffs, circulars, pricing authorities or other means) in order similar documents published or offered by CARRIER shall not apply to meet specific shipping schedules, but such verbal agreements shall be confirmed in writing prior to loading the performance of CARRIER’S truck with the property for transportationservices under this AGREEMENT. Such written Load Confirmation Sheet shall include the charges for the shipment and shall also contain, as applicable, the conditions and any additional or accessorial services required to be performed. The Load Confirmation Sheet shall be sent by BROKER to CARRIER via computer generated facsimile transmission (FAX); electronic mail (EMAIL) or, alternatively by First-Class Mail prior to loading a load. CARRIER represents and warrants that there are no other applicable rates or charges applicable to the transportationServices herein, including those contained in any tariff, terms and conditions, or xxxx bill of lading, except those established in this Agreement AGREEMENT or any Load ConfirmationConfirmation Sheet. For all shipments tendered by broker and accepted by carrier under this agreementCARRIER shall advise BROKER at or before incurring Detention, all detention, accessorialAccessorial (including Lumpers), and/or additional charges assumed by (“Charges”), otherwise the carrier must be immediately reported as they occurCARRIER forfeits its right to collect such Charges. Such charges and fees Charges may be established verbally in order to meet specific shipping schedules, but must be confirmed in writing within 24 hrshours, via fax or email, in order for the CARRIER to receive compensation. Failure to do so may result in exclusion from or reduction of compensation. CARRIER agrees and acknowledges that that CARRIER’S dispatchers and other personnel are authorized to enter into Load Confirmations with BROKER.

Appears in 1 contract

Samples: Broker/Carrier Transportation Agreement

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Freight Rates. For all shipments tendered by BROKER and accepted by CARRIER under this AGREEMENT, the rates, charges, and fees for the transportation and services shall be set forth in a Load or Rate Confirmation Sheet or similar document (“Confirmation Sheet”) in a form provided by BROKER. Such Each Confirmation Sheet shall be issued by BROKER, shall be deemed accepted by CARRIER upon the written (includes electronic means of transmission) response by the CARRIER, and shall be incorporated into this AGREEMENT, provided; however, that if the terms and conditions specified in this AGREEMENT are different from the terms and conditions contained in the Confirmation Sheet, the terms and conditions of this AGREEMENT shall prevail. CARRIER agrees and acknowledges that that CARRIER’s dispatchers and other personnel are authorized to enter into Confirmations with BROKER. The rates and charges may included in the Confirmation Sheet shall be established or amended verbally (by telephone CARRIER’s sole and exclusive compensation for rendering the services. CARRIER agrees that any other rates, tariffs, circulars, pricing authorities or other means) in order similar documents published or offered by CARRIER shall not apply to meet specific shipping schedules, but such verbal agreements shall be confirmed in writing prior to loading the performance of CARRIER’S truck with the property for transportationservices under this AGREEMENT. Such written Load Confirmation Sheet shall include the charges for the shipment and shall also contain, as applicable, the conditions and any additional or accessorial services required to be performed. The Load Confirmation Sheet shall be sent by BROKER to CARRIER via computer generated facsimile transmission (FAX); electronic mail (EMAIL) or, alternatively by First-Class Mail prior to loading a load. CARRIER represents and warrants that there are no other applicable rates or charges applicable to the transportationServices herein, including those contained in any tariff, terms and conditions, or xxxx of lading, except those established in this Agreement AGREEMENT or any Load ConfirmationConfirmation Sheet. For all shipments tendered by broker and accepted by carrier under this agreementCARRIER shall advise BROKER at or before incurring Detention, all detention, accessorialAccessorial (including Lumpers), and/or additional charges assumed by (“Charges”), otherwise the carrier must be immediately reported as they occurCARRIER forfeits its right to collect such Charges. Such charges and fees Charges may be established verbally in order to meet specific shipping schedules, but must be confirmed in writing within 24 hrshours, via fax or email, in order for the CARRIER to receive compensation. Failure to do so may result in exclusion from or reduction of compensation. CARRIER agrees and acknowledges that that CARRIER’S dispatchers and other personnel are authorized to enter into Load Confirmations with BROKER.

Appears in 1 contract

Samples: Broker/Carrier Transportation Agreement

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