Information Pertaining to Freight Sample Clauses

Information Pertaining to Freight. CUSTOMER will provide TRIVERGIX timely and accurate information regarding the freight to be transported including but not limited to: pick-up and delivery locations; description of the freight including, but not limited to, type, dimensions, weight, and quantity; special handling, temperature, storage, and security requirements; and other pertinent information regarding the freight. All rate quotes and other pricing by TRIVERGIX are prepared based upon the type of freight, dimensions and weight, and other information pertaining to the freight provided by CUSTOMER. If the information provided by CUSTOMER is not accurate then; (a) TRIVERGIX may decline to arrange to transport the freight and/or may instruct CARRIER not to transport the freight and CUSTOMER shall pay TRIVERGIX for any reasonable charges incurred by TRIVERGIX including but not limited cancellation fees charged by CARRIER; or (b) TRIVERGIX may make arrangements for additional transportation services beyond those included in the original quote and CUSTOMER shall pay TRIVERGIX the actual cost plus a reasonable markup for such increased or additional transportation services including but not limited to changes in types of equipment and the need for over-weight/over-dimensional permits, pilot cars, pole cars, route surveys, specialized or alternative routing, restricted hours for transport, utility company support in moving or disconnecting overhead power lines, etc., state highway patrol support, local city planning support, and/or various other requirements.
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Information Pertaining to Freight. CUSTOMER will provide MESA timely and accurate information regarding the subject cargo, including, but not limited to, pick-up and delivery locations, description of the cargo, including, but not limited to, type, dimensions, weight, special handling, temperature, storage, and/or security requirements, and other pertinent information regarding the cargo. All rate quotes and other pricing by MESA are prepared based upon the type of freight, dimensions and weight, and other information pertaining to the freight provided by CUSTOMER. Different equipment and different federal, state, and local laws will apply when the cargo to be moved exceeds certain width, length, height and/or weight limits or is of different type than that described by CUSTOMER. In such situations, the type of equipment necessary to complete the move can change and the costs of transporting the freight can increase substantially due to both changes in types of equipment and the need for over-weight/over-dimensional permits, pilot cars, pole cars, route surveys, specialized or alternative routing, restricted hours for transport, utility company support in moving or disconnecting overhead power lines, etc., state highway patrol support, local city planning support, and/or various other requirements (hereinafter “permit costs”). If the type of freight, actual weight or dimensions, or other handling requirements of the freight to be transported are different than originally represented to MESA, MESA reserves the right to add such costs, plus a reasonable mark-up on such costs, to the quoted amount to arrange for transportation of the freight.

Related to Information Pertaining to Freight

  • Limitation of Vendor Indemnification and Similar Clauses This is a requirement of the TIPS Contract and is non-negotiable TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, is prohibited from indemnifying third-parties (pursuant to the Article 3, Section 52 of the Texas Constitution) except as otherwise specifically provided for by law or as ordered by a court of competent jurisdiction. Article 3, Section 52 of the Texas Constitution states that "no debt shall be created by or on behalf of the State … " and the Texas Attorney General has opined that a contractually imposed obligation of indemnity creates a "debt" in the constitutional sense. Tex. Att'y Gen. Op. No. MW-475 (1982). Thus, contract clauses which require TIPS to indemnify Vendor, pay liquidated damages, pay attorney's fees, waive Vendor's liability, or waive any applicable statute of limitations must be deleted or qualified with ''to the extent permitted by the Constitution and Laws of the State of Texas." Does Vendor agree? Yes, I Agree Alternative Dispute Resolution Limitations This is a requirement of the TIPS Contract and is non-negotiable. TIPS, a department of Region 8 Education Service Center, a political subdivision, and local government entity of the State of Texas, does not agree to binding arbitration as a remedy to dispute and no such provision shall be permitted in this Agreement with TIPS. Vendor agrees that any claim arising out of or related to this Agreement, except those specifically and expressly waived or negotiated within this Agreement, may be subject to non-binding mediation at the request of either party to be conducted by a mutually agreed upon mediator as prerequisite to the filing of any lawsuit arising out of or related to this Agreement. Mediation shall be held in either Camp or Titus County, Texas. Agreements reached in mediation will be subject to the approval by the Region 8 ESC's Board of Directors, authorized signature of the Parties if approved by the Board of Directors, and, once approved by the Board of Directors and properly signed, shall thereafter be enforceable as provided by the laws of the State of Texas. Does Vendor agree? Yes, Vendor agrees Does Vendor agree? Yes, Vendor agrees No Waiver of TIPS Immunity This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that nothing in this Agreement shall be construed as a waiver of sovereign or government immunity; nor constitute or be construed as a waiver of any of the privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department. The failure to enforce, or any delay in the enforcement, of any privileges, rights, defenses, remedies, or immunities available to Region 8 Education Service Center or its TIPS Department under this Agreement or under applicable law shall not constitute a waiver of such privileges, rights, defenses, remedies, or immunities or be considered as a basis for estoppel. 5 Does Vendor agree? Yes, Vendor agrees Payment Terms and Funding Out Clause This is a requirement of the TIPS Contract and is non-negotiable. Vendor agrees that TIPS and TIPS Members shall not be liable for interest or late-payment fees on past-due balances at a rate higher than permitted by the laws or regulations of the jurisdiction of the TIPS Member. Funding-Out Clause: Vendor agrees to abide by the applicable laws and regulations, including but not limited to Texas Local Government Code § 271.903, or any other statutory or regulatory limitation of the jurisdiction of any TIPS Member, which requires that contracts approved by TIPS or a TIPS Member are subject to the budgeting and appropriation of currently available funds by the entity or its governing body. 2

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