Common use of RATES & PAYMENTS Clause in Contracts

RATES & PAYMENTS. (a) CARRIER will invoice and ROCK-IT will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-IT, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-IT. As a condition to payment, CARRIER shall provide ROCK-IT with a legible copy or photocopy of the bill of lading, waybill or other proof of delivery. Payment by ROCK-IT will be made within thirty (30) days of receipt by ROCK-IT of CARRIER’s invoice. XXXXXXX further agrees that ROCK-IT has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (c) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-IT’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 2 contracts

Samples: Carrier Services Agreement, Carrier Services Agreement

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RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Agreement signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) The Rate Confirmation Agreement shall be generated on BROKER letterhead. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. XXXXXXX will be deemed to have accepted the terms of the Rate Confirmation Agreement when they accept and take possession of the freight contemplated in such Agreement with or without signature. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall provide ROCK-IT with be the then current carrier spot rate for such lane as listed by a legible copy or photocopy of the bill of lading, waybill or other proof of delivery. reputable industry benchmark service as selected by BROKER. (d) Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight bill, bill of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. XXXXXXX further XXXXXXX’s failure to provide BROKER with a legible copy or photocopy of the bill of lading or other proof of delivery will result in CARRIER being held responsible to BROKER for any and all lost revenues or incurred costs by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that ROCK-IT has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT BROKER has the exclusive right to handle all billing of freight or other charges to the Customer for the transportation services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER notifies CARRIER that the Customer has not paid BROKER, in which case, the CARRIER’s sole recourse will be against the Customer. (cf) CARRIER agrees that BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by XXXXXXX, including, but not limited to, claims for freight, loss, damage, or delay. (g) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 2 contracts

Samples: Carrier/Broker Agreement, Carrier/Broker Agreement

RATES & PAYMENTS. (a) CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in Appendix A (“Carrier Rates and Charges”) together with any “Special Freight Rate(s)” set forth in a signed “Special Provisions Agreement” being in the form appended hereto as Appendix B (which shall be incorporated into and form part of this Agreement) for transportation services performed under this Agreement. In the event of any inconsistency between Appendixes A and a signed Special Provisions Agreement the latter will govern to the extent of any inconsistency. (b) Where CARRIER is engaged by BROKER pursuant to Provision A above (“Deemed Application Where Agreement Not Executed”) CARRIER will invoice and Broker will pay the rates and charges set forth in a load sheet provided Load Confirmation Sheet issued by ROCK-ITBROKER to CARRIER. By accepting each tender, or in an email or other written communication provided by ROCK-IT, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement CARRIER agrees to the compensation communicated by ROCK-IT rates and no other rates or compensation are applicable to, nor shall terms as may be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-IT. As a condition to payment, CARRIER shall provide ROCK-IT with a legible copy or photocopy of the bill of lading, waybill or other proof of delivery. Payment by ROCK-IT will be made within thirty (30) days of receipt by ROCK-IT of CARRIER’s invoice. XXXXXXX further agrees that ROCK-IT has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customerset forth therein. (c) CARRIER shall submit all freight bills within 180 days of delivery or waive its right will send invoices to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-IT’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue or otherwise seek payment shall be waivedBROKER. (d) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate as provided for above, the PARTIES agree that the rate paid by BROKER and collected by CARRIER hereby waives and releases all liens which shall be the agreed upon contract rate of the PARTIES for the services provided, unless such rate is objected to by CARRIER might otherwise have to any goods in writing within 10 days of ROCKpayment by BROKER. (e) Payment by BROKER will be made within forty-IT or its Customer in the possession or control five (45) days of receipt by BROKER of CARRIER.’s freight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon

Appears in 2 contracts

Samples: Carrier Agreement, Carrier Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Sheet signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) A Rate Confirmation Agreement will be presented to confirm the agreed to rate. The new Rate Confirmation Agreement shall be signed and agreed to by the CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall provide ROCK-IT with a legible copy or photocopy be the agreed upon contract rate of the bill PARTIES for the services provided, unless such rate is objected to by CARRIER in writing within 10 days of lading, waybill or other proof of delivery. payment by BROKER. (d) Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight bill, bill of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. XXXXXXX’s failure to provide BROKER with a legible copy or photocopy of the bill of lading or other proof of delivery will result in CARRIER being held responsible to BROKER for any and all revenues that are uncollected by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER notifies CARRIER that the Customer has not paid BROKER, in which case, the CARRIER’s sole recourse will be against the Customer. (f) XXXXXXX further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (cg) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 2 contracts

Samples: Carrier/Broker Agreement, Carrier/Broker Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Sheet signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) The Rate Confirmation Agreement shall be in the form specified in Appendix B. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall provide ROCK-IT with a legible copy or photocopy be the agreed upon contract rate of the bill PARTIES for the services provided, unless such rate is objected to by CARRIER in writing within 10 days of lading, waybill or other proof of delivery. payment by BROKER. (d) Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. XXXXXXX CARRIER’s failure to provide BROKER with a legible copy or photocopy of the xxxx of lading or other proof of delivery will result in CARRIER being held responsible to BROKER for any and all revenues that are uncollected by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER notifies CARRIER that the Customer has not paid BROKER, in which case, the CARRIER’s sole recourse will be against the Customer. (f) CARRIER further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (cg) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 2 contracts

Samples: Carrier/Broker Agreement, Carrier/Broker Agreement

RATES & PAYMENTS. (a) CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in Appendix A (“Carrier Rates and Charges”) together with any “Special Freight Rate(s)” set forth in a signed “Special Provisions Agreement” being in the form appended hereto as Appendix B (which shall be incorporated into and form part of this Agreement) for transportation services performed under this Agreement. In the event of any inconsistency between Appendixes A and a signed Special Provisions Agreement the latter will govern to the extent of any inconsistency. (b) Where CARRIER is engaged by BROKER pursuant to Provision A above (“Deemed Application Where Agreement Not Executed”) CARRIER will invoice and Broker will pay the rates and charges set forth in a load sheet provided Load Confirmation Sheet issued by ROCK-ITBROKER to CARRIER. By accepting each tender, or in an email or other written communication provided by ROCK-IT, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement CARRIER agrees to the compensation communicated by ROCK-IT rates and no other rates or compensation are applicable to, nor shall terms as may be paid for, services provided by CARRIER. set forth therein. (c) CARRIER will send invoices to ROCK-IT. As a condition to paymentBROKER. (d) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate as provided for above, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall be the agreed upon contract rate of the PARTIES for the services provided, unless such rate is objected to by CARRIER in writing within 10 days of payment by BROKER. (e) Payment by BROKER will be made within forty-five (45) days of receipt by BROKER of CARRIER’s freight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. CARRIER’s failure to provide ROCK-IT BROKER with a legible copy or photocopy of the bill xxxx of lading, waybill lading or other proof of delivery. Payment delivery will result in CARRIER being held responsible to BROKER for any and all revenues that are uncollected by ROCK-IT will be made within thirty (30) days of receipt by ROCK-IT BROKER because of CARRIER’s invoice. XXXXXXX failure to provide needed support paperwork to BROKER. (f) CARRIER agrees that BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER notifies CARRIER that the Customer has not paid BROKER, in which case, the CARRIER’s sole recourse will be against the Customer. (g) CARRIER further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (ch) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 2 contracts

Samples: Carrier Agreement, Carrier Agreement

RATES & PAYMENTS. (a) a. CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth agreed to in a load sheet provided writing by ROCK-IT, or in an email or other written communication provided by ROCK-IT, the Parties for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCKBROKER. CARRIER represents and warrants that there are no other applicable rates or charges except those established by this Agreement. The rates and charges for transportation services provided under this Agreement can be supplemented or revised only by written agreement signed by both PARTIES. b. Payment by BROKER will be made within forty-ITfive (45) days of receipt by BROKER of CARRIER’s freight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. As a condition CARRIER’s failure to payment, CARRIER shall provide ROCK-IT BROKER with a legible copy or photocopy of the bill xxxx of lading, waybill lading or other proof of delivery. Payment delivery will result in CARRIER being held responsible to BROKER for any and all revenues that are uncollected by ROCK-IT will be made within thirty (30) days of receipt by ROCK-IT BROKER because of CARRIER’s invoicefailure to provide needed support paperwork to BROKER. c. CARRIER agrees that BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CARRIER agrees to refrain from any collection efforts against the shipper, receiver, consignee or the Customer. XXXXXXX CARRIER hereby waives the requirement under any applicable statute or regulation for BROKER to maintain a trust account or be subject to any trust obligations in respect of monies owed to CARRIER hereunder. d. CARRIER further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for any liability incurred by CARRIERCARRIER in accordance with the terms of this Agreement, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (c) e. CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-IT’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 2 contracts

Samples: Broker Carrier Agreement, Broker Carrier Agreement

RATES & PAYMENTS. (a) CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in Appendix A (“Carrier Rates and Charges”) together with any “Special Freight Rate(s)” set forth in a signed “Special Provisions Agreement” being in the form appended hereto as Appendix B (which shall be incorporated into and form part of this Agreement) for transportation services performed under this Agreement. In the event of any inconsistency between Appendixes A and a signed Special Provisions Agreement the latter will govern to the extent of any inconsistency. (b) Where CARRIER is engaged by BROKER pursuant to Provision A above (“Deemed Application Where Agreement Not Executed”) CARRIER will invoice and Broker will pay the rates and charges set forth in a load sheet provided Load Confirmation Sheet issued by ROCK-IT, or in an email or other written communication provided by ROCK-IT, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent BROKER to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-IT. As a condition to payment, CARRIER shall provide ROCK-IT with a legible copy or photocopy of the bill of lading, waybill or other proof of delivery. Payment by ROCK-IT will be made within thirty (30) days of receipt by ROCK-IT of CARRIER’s invoice. XXXXXXX further agrees that ROCK-IT has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as suchBy accepting each tender, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customerrates and terms as may be set forth therein. (c) CARRIER shall submit all freight bills within 180 days of delivery or waive its right will send invoices to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-IT’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue or otherwise seek payment shall be waivedBROKER. (d) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate as provided for above, the PARTIES agree that the rate paid by BROKER and collected by CARRIER hereby waives and releases all liens which shall be the agreed upon contract rate of the PARTIES for the services provided, unless such rate is objected to by CARRIER might otherwise have to any goods in writing within 10 days of ROCKpayment by BROKER. (e) Payment by BROKER will be made within forty-IT or its Customer in the possession or control five (45) days of receipt by BROKER of CARRIER.’s freight bill, bill of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon

Appears in 1 contract

Samples: Carrier Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Sheet signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. The Rate Confirmation Agreement shall be in the form specified in Appendix B. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall provide ROCK-IT with a legible copy or photocopy be the agreed upon contract rate of the bill PARTIES for the services provided, unless such rate is objected to by CARRIER in writing within 10 days of lading, waybill or other proof of deliverypayment by BROKER. Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight bill, bill of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. XXXXXXX further agrees As a condition to payment, CARRIER shall provide BROKER with a legible copy or photocopy of the bill of lading or other proof of delivery. Failure to provide such documentation within forty-eight (48) hours of delivery may result in a reduction in rate. XXXXXXX’s failure to provide BROKER with a legible copy or photocopy of the bill of lading or other proof of delivery will result in CARRIER being held responsible to BROKER for any and all revenues that ROCK-IT has the discretionary right are uncollected by BROKER because of CARRIER’s failure to offset any payments owed provide needed support paperwork to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) BROKER. XXXXXXX agrees that ROCK-IT BROKER has the exclusive right to handle all billing of freight or other charges to the Customer for the transportation services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (c) Customer unless BROKER, in its sole discretion, expressly authorizes CARRIER in writing to collect from any such party, in which case, XXXXXXX’s sole recourse will be against such party. Upon receipt of payment by BROKER, any right of CARRIER to payment from the Customer or any other third-party for services performed will be automatically assigned to BROKER. XXXXXXX further agrees that BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by XXXXXXX, including, but not limited to, claims for freight, loss, damage, or delay. CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in Appendix A (“Carrier Rates and Charges”) together with any “Special Freight Rate(s)” set forth in a signed “Special Provisions Agreement” being in the form appended hereto as Appendix B (which shall be incorporated into and form part of this Agreement) for transportation services performed under this Agreement. In the event of any inconsistency between Appendix A and a signed Special Provisions Agreement the latter will govern to the extent of any inconsistency. (b) Where CARRIER is engaged by BROKER pursuant to Provision A above (“Deemed Application Where Agreement Not Executed”) CARRIER will invoice and Broker will pay the rates and charges set forth in a load sheet provided Load Confirmation Sheet issued by ROCK-IT, or in an email or other written communication provided by ROCK-IT, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent BROKER to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-IT. As a condition to payment, CARRIER shall provide ROCK-IT with a legible copy or photocopy of the bill of lading, waybill or other proof of delivery. Payment by ROCK-IT will be made within thirty (30) days of receipt by ROCK-IT of CARRIER’s invoice. XXXXXXX further agrees that ROCK-IT has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as suchBy accepting each tender, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customerrates and terms as may be set forth therein. (c) CARRIER shall submit all freight bills within 180 days of delivery or waive its right will send invoices to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-IT’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue or otherwise seek payment shall be waivedBROKER. (d) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate as provided for above, the PARTIES agree that the rate paid by BROKER and collected by CARRIER hereby waives and releases all liens which shall be the agreed upon contract rate of the PARTIES for the services provided, unless such rate is objected to by CARRIER might otherwise have to any goods in writing within 10 days of ROCKpayment by BROKER. (e) Payment by BROKER will be made within forty-IT or its Customer in the possession or control five (45) days of receipt by BROKER of CARRIER.’s freight bill, bill of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon

Appears in 1 contract

Samples: Carrier Agreement

RATES & PAYMENTS. (a) CARRIER agrees that the terms and conditions of this Agreement apply to all shipments handled by CARRIER for LOGISTICS and that the terms of this Agreement control the relationship between the parties. Any provisions of the CARRIER’s tariff or rules that are inconsistent with the terms of this Agreement, or which address matters not addressed herein are inapplicable. Unless otherwise stated in a separate Rate Confirmation Agreement, CARRIER will invoice charge and ROCK-IT LOGISTICS will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A and Appendix B, for transportation services performed under this Agreement. The Rate Confirmation Agreement shall be in the form specified in Appendix C. The Rate Confirmation Agreement shall be signed and agreed to by LOGISTICS and CARRIER before each shipment to which such Rate Confirmation Agreement applies. CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Sheet signed by LOGISTICS. Appendix A can be supplemented or revised by written agreement signed by both parties, or, prior to transportation, by facsimile by LOGISTICS to CARRIER if not objected to by CARRIER’s acceptance of a load identified , in writing, within twenty-four (24) hours from the date and time faxed. In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a separate rate applicable to such shipment constitutes CARRIER’s agreement to confirmation sheet, the compensation communicated parties agree that the rate paid by ROCK-IT LOGISTICS and no other rates or compensation are applicable to, nor collected by CARRIER shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-IT. As a condition to payment, CARRIER shall provide ROCK-IT with a legible copy or photocopy the agreed upon contract rate of the bill parties for the services provided, unless such rate is objected to by CARRIER within 10 days of lading, waybill or other proof of deliverythe invoice date. Payment by ROCK-IT LOGISTICS will be made within thirty (30) days of receipt by ROCK-IT LOGISTICS of CARRIER’s invoice's freight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling LOGISTICS to ascertain that service has been provided at the agreed upon charge. XXXXXXX CARRIER agrees that LOGISTICS has the exclusive right to handle all billing of freight charges to the Customer or the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, consignor, consignee or the Customer. CARRIER further agrees that ROCK-IT LOGISTICS has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (c) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-IT’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) CARRIER Carrier will invoice and ROCK-IT Broker will pay the rates and charges for the Services as stated in the Rate Sheet or EDI Shipment Info. Carrier agrees that there are no other applicable rates or charges except those set forth explicitly in the Rate Sheet or EDI Shipment Info. (b) Carrier shall submit an invoice and all appropriate supporting paperwork within fourteen (14) days of delivery. Carrier will fax or email proof of delivery to Broker within twelve (12) hours of delivery unless the Rate Sheet or EDI Shipment INFO requires a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-IT, shorter timeframe for transportation services performed under this Agreementproviding Proof of delivery. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-IT. As a condition to payment, CARRIER shall provide ROCK-IT with Supporting paperwork includes a legible copy or photocopy of the bill Carrier’s freight xxxx, xxxx of lading, waybill or other proof document evidencing delivery of deliverythe load in good condition and free of all claims. Payment The supporting paperwork must be signed by ROCK-IT a representative of the recipient. Broker will be made pay Carrier within thirty (30) days (or less depending on the applicable Broker’s quick pay programs) after it receives Carrier’s invoice and all supporting paperwork. Carrier will be liable to Broker for any and all revenues that are uncollectible by Broker because of receipt by ROCK-IT of CARRIERCarrier’s invoice. XXXXXXX further failure to timely provide all supporting paperwork. (c) Carrier agrees that ROCK-IT has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT Broker has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all Services. Carrier shall not engage in any collection efforts against the shipper, receiver, or the CustomerCustomer unless Broker expressly authorizes Carrier to do so in writing, If Broker authorizes Carrier to conduct collection efforts, Carrier’s sole recourse will be against such party. Once Broker pays Carrier for any Services, all of Carrier’s rights to payment for those Services is hereby automatically assigned to Broker. (cd) CARRIER shall If Carrier does not submit an invoice and all freight bills supporting documentation within 180 one hundred eighty (180) days of delivery or waive delivery, it will be deemed to have waived its right to payment for services rendered with respect to such late submitted invoicesthose Services. Claims All claims for undercharges must also be brought within 180 one hundred eighty (180) days of ROCK-IT’s receipt of the original invoice giving rise related to such undercharge claim. Assuming CARRIER If Carrier has timely complied with the foregoing invoicing obligationsforegoing, CARRIER shall Carrier must bring suit related to for any unpaid freight charges or undercharges amounts within 18 eighteen (18) months of the date of delivery delivery, or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Broker and Carrier Agreement

RATES & PAYMENTS. (a) CARRIER agrees that the terms and conditions of this Agreement apply to all shipments handled by CARRIER for LOGISTICS and that the terms of this Agreement control the relationship between the parties. Any provisions of the CARRIER’s tariff or rules that are inconsistent with the terms of this Agreement, or which address matters not addressed herein are inapplicable. Unless otherwise stated in a separate Rate Confirmation Agreement, CARRIER will invoice charge and ROCK-IT LOGISTICS will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A and Appendix B, for transportation services performed under this Agreement. The Rate Confirmation Agreement shall be in the form specified in Appendix C. The Rate Confirmation Agreement shall be signed and agreed to by LOGISTICS and CARRIER before each shipment to which such Rate Confirmation Agreement applies. CARRIER represents and warrants that there are no other applicable rates and charges except those established in the Agreement or in any Rate Confirmation Sheet signed by LOGISTICS. Appendix A can be supplemented or revised by written agreement signed by both parties, or, prior to transportation, by facsimile by LOGISTICS to CARRIER if not objected to by CARRIER’s acceptance of a load identified , in writing, within twenty-four (24) hours from the date and time faxed or otherwise transmitted. In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a separate rate applicable to such shipment constitutes CARRIER’s agreement to confirmation sheet, the compensation communicated parties agree that the rate paid by ROCK-IT LOGISTICS and no other rates or compensation are applicable to, nor collected by CARRIER shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-IT. As a condition to payment, CARRIER shall provide ROCK-IT with a legible copy or photocopy the agreed upon contract rate of the bill parties for the services provided, unless such rate is objected to by CARRIER within 10 days of lading, waybill or other proof of deliverythe invoice date. Payment by ROCK-IT LOGISTICS will be made within thirty (30) days of receipt by ROCK-IT LOGISTICS of CARRIER’s invoicefreight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling LOGISTICS to ascertain that service has been provided at the agreed upon charge. XXXXXXX CARRIER agrees that LOGISTICS has the exclusive right to handle all billing of freight charges to the Customer or the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, consignor, consignee or the Customer. CARRIER further agrees that ROCK-IT LOGISTICS has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (c) . CARRIER shall submit all freight bills be charged penalties if xxxx of lading or clear delivery receipt are not submitted within 180 twenty-four (24) hours after delivery of goods being transported for LOGISTICS. Penalties of fifty dollars ($50.00) per day will be incurred for each day late after seven (7) days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-IT’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the from date of delivery or its right to sue or otherwise seek payment shall be waivedactual delivery. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate written instrument agreed to in writing by the PARTIES, (i) CARRIER will invoice and ROCK-IT will pay be compensated for Services performed in connection with each delivery opportunity in accordance with the rates and charges set forth in a load sheet provided payment amounts communicated to CARRIER through the Curri Platform at the time CARRIER accepts such delivery opportunity, and (ii) CARRIER will receive payment through the Curri Platform or otherwise through Curri’s regular payment processing systems. If requested by ROCK-ITBROKER, or in an email or other written communication provided by ROCK-IT, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER prior to receiving payment for any particular Services. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement, accepted through the Curri Platform, or otherwise agreed upon in writing by the Parties, including for accessorial services, or otherwise, and that payment rates and amounts may only be supplemented or revised in accordance with this Agreement or in accordance with the terms of a condition to paymentwritten agreement signed by both PARTIES. In no event will BROKER be responsible for payment of any rates or amounts unless paid by the applicable Sender. (b) In the event Services are provided and it is subsequently discovered that there was no applicable or understood rate through the Platform or a separate written instrument, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall be determined by BROKER in its reasonable discretion with reference to rates and payment amounts paid by BROKER for similar Services on the Platform, unless such rate is objected to by CARRIER in writing within 10 days of payment by BROKER. (c) Any obligation to provide ROCK-IT with a legible copy or photocopy payment by BROKER will be contingent upon receipt by BROKER of the CARRIER’s freight bill, bill of lading, waybill clear delivery receipt, and/or any other necessary billing or other proof evidence of deliverydelivery documents enabling BROKER to ascertain that Service have been fully performed to BROKER’s reasonable satisfaction. Payment Failure to provide any such documentation reasonably requested by ROCKBROKER within forty-IT will be made within thirty eight (3048) days hours of receipt delivery may result in a reduction in rate and/or delayed payment, and CARRIER being held responsible to BROKER for any and all revenues that are uncollected by ROCK-IT BROKER because of CARRIER’s invoicefailure to provide needed support paperwork to BROKER. (d) XXXXXXX agrees that BROKER has the exclusive right to handle all billing of Charges to the Sender for the transportation services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the Sender, Receiver, or any other third party unless BROKER, in its sole discretion, expressly authorizes CARRIER in writing to collect from any such party, in which case, XXXXXXX’s sole recourse will be against such party. XXXXXXX agrees that in the event BROKER refuses to authorize CARRIER to collect from any such party that the CARRIER will be deemed to have waived any rights or claims it may have otherwise had to collect freight charges from the Sender, Receiver, or any party other than the BROKER. Upon CARRIER’s receipt of payment from BROKER, any right of CARRIER to payment from the Sender or any other third-party for services performed will be automatically assigned to BROKER. (e) XXXXXXX further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (cf) CARRIER shall submit all freight bills within 180 days of delivery or forfeit and waive its right to payment for services Services rendered with respect to such late submitted invoicesany Shipment that CARRIER does not produce documentation or evidence of delivery reasonably requested by BROKER within 6 months of Service delivery. Claims for undercharges must be brought within 180 days of ROCK-IT’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligationsIn all events, CARRIER shall bring suit related to unpaid freight charges or undercharges amounts owed to CARRIER with respect to any Services within 18 months of the date of delivery Service performance, or its right to sue or otherwise seek payment shall be waivedwaived and forfeited. (dg) CARRIER hereby waives and releases all liens which shall provide BROKER with written notice providing BROKER with remittance instructions a (“Notice of Release”) in the event CARRIER might otherwise have enters into any factoring, assignment, pledge, hypothecation, or granting of a security interest in CARRIER’s right to payment under this Agreement. Any factoring, assignment, pledge, hypothecation, or granting of a security interest in CARRIER’s right to payment under this Agreement shall in no event modify, limit, or terminate BROKER’s or any Sender’s right to offset or recoup or claims of BROKER or any Sender for offset, recoupment, loss, or damage to any goods cargo or other property, including personal injury, or any other claim which BROKER or any Sender may have against CARRIER for any reason. All of ROCK-IT BROKER’s and any Sender’s claims and rights are specifically preserved and shall be superior to any such assignee’s, factor’s, or creditor’s rights or claims to payment, regardless of any notice to BROKER or any Sender to the contrary. CARRIER shall notify any such factor, secured creditor, or assignee of BROKER’s and any Sender’s rights in this regard. Further, if BROKER discovers that CARRIER has not provided a valid Notice of Release, CARRIER shall be deemed in breach of this Agreement and BROKER may at its Customer sole discretion terminate this Agreement. BROKER’s remittance of payment in accordance with any Notice of Release shall be deemed payment to CARRIER in all regards and shall absolve BROKER of any liability with respect to payment to CARRIER for the possession services underlying such invoice. Should CARRIER provide multiple or control conflicting Notices of CARRIERRelease, BROKER’s compliance with instructions in any Notice of Release shall absolve BROKER of any liability with respect to amounts owed to CARRIER for the services in question.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Agreement signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) The Rate Confirmation Agreement shall be generated on BROKER letterhead. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. CARRIER will be deemed to have accepted the terms of the Rate Confirmation Agreement when they accept and take possession of the freight contemplated in such Agreement with or without signature. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall provide ROCK-IT with be the then current carrier spot rate for such lane as listed by a legible copy or photocopy of the bill of lading, waybill or other proof of delivery. reputable industry benchmark service as selected by BROKER. (d) Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. XXXXXXX further CARRIER’s failure to provide BROKER with a legible copy or photocopy of the xxxx of lading or other proof of delivery will result in CARRIER being held responsible to BROKER for any and all lost revenues or incurred costs by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that ROCK-IT BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER notifies CARRIER that the Customer has not paid BROKER, in which case, the CARRIER’s sole recourse will be against the Customer. (f) CARRIER agrees that BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (cg) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) CARRIER will invoice and ROCK-IT BROKER will pay to CARRIER, and not any Driver, the rates and charges set forth in an Electronic Rate Confirmation (as defined below) or in a load sheet rate confirmation provided by ROCK-ITBroker to CARRIER electronically or otherwise (collectively, or in an email “Rate Confirmation”). CARRIER hereby agrees that any Shipment that is accepted by any of its CARRIER Personnel on any of BROKER’s electronic platforms (including any of BROKER’s mobile applications, websites or other written communication provided by ROCK-ITelectronic platforms including emails, for collectively “BROKER’s Electronic Platforms”) is and shall be a Shipment and transportation services performed Service of CARRIER that is subject in all respects to this Agreement at the rates and charges indicated on BROKER’s Electronic Platform. Each such electronic acceptance of a Shipment on any of BROKER’s Electronic Platforms will constitute an agreement between the PARTIES regarding the rates and charges of an applicable Shipment payable to CARRIER and have full force and effect under this Agreement (an “Electronic Rate Confirmation”). In the event CARRIER elects to designate to BROKER certain CARRIER Personnel who are authorized to accept Shipments on behalf of CARRIER on any of BROKER’s Electronic Platforms under this Agreement. CARRIER, (i) CARRIER agrees to notify BROKER, electronically or as BROKER otherwise specifies, immediately of any changes to (including removals from) the CARRIER Personnel so designated and agrees that BROKER may rely upon such designated CARRIER Personnel whenever such CARRIER Personnel accepts a Shipment made available to CARRIER on any of BROKER’s acceptance Electronic Platforms and (ii) CARRIER is solely responsible for its failure to accurately and timely notify BROKER of a load identified in a load sheet or other communication from ROCK-IT subsequent any such changes to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to (including removals from) the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. designated CARRIER will send invoices to ROCK-IT. Personnel. (b) As a condition to payment, CARRIER shall provide ROCK-IT BROKER with a legible copy or photocopy of the bill xxxx of lading, waybill lading or other proof of delivery. Payment by ROCK-IT will be made within thirty Within five (305) business days of receipt by ROCK-IT of BROKER’s request, CARRIER shall provide BROKER with such documents. BROKER will pay CARRIER’s invoiceinvoice upon BROKER’s receipt of such invoice and xxxx of lading or other proof of delivery. XXXXXXX further agrees that ROCK-IT has the discretionary right to offset any CARRIER shall accept all freight charge payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delayfrom BROKER via bank wire transfer (ACH). (bc) XXXXXXX CARRIER agrees that ROCK-IT BROKER has the exclusive right to handle all billing of freight or other charges to the Customer SHIPPER for the services transportation Services provided hereinpursuant to this Agreement, and, as such, XXXXXXX and BROKER is solely responsible for paying CARRIER freight charges. CARRIER agrees to refrain from waive any and all collection efforts claims CARRIER may have against the shipperSHIPPER, receiverconsignor, consignee, or the Customerthird-party payer related to payment of CARRIER freight charges; including any legislated requirement to hold CARRIER funds in trust provided; however, CARRIER may seek payment from SHIPPER of undisputed freight charges BROKER fails to pay within sixty (60) days of receiving CARRIER’s invoice and supporting shipping documents. (cd) CARRIER shall submit all freight bills within 180 90 days of delivery of goods as set out in Rate Confirmation or waive its right to payment for services Services rendered with respect to such late submitted invoices. Claims for undercharges and overcharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges overcharge claim and a civil action proceeding must be filed within 18 eighteen (18) months of the date of delivery or its right to sue or otherwise seek payment shall be waivedtender of delivery of the shipments involved. (de) CARRIER hereby waives shall not be required to waive and releases all release any liens which of any nature that CARRIER might otherwise have to any goods of ROCK-IT or its Customer SHIPPER in the possession care, custody or control of CARRIERCARRIER unless SHIPPER requires CARRIER and/or its Drivers to waive such liens in its shipper-broker agreement with BROKER or otherwise.

Appears in 1 contract

Samples: Broker Motor Carrier Agreement

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RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES or otherwise agreed to in accordance with the terms thereof, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A, for transportation services performed under this Agreement. CARRIER’s acceptance CARRIER will send invoices to BROKER. CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Sheet signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) The Rate Confirmation Agreement shall be in a form provided by BROKER. If CARRIER provides a form of rate confirmation or other load confirmation, in no event will such document apply to services of CARRIER hereunder. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies, except that if CARRIER picks up a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision Rate Confirmation Agreement without first providing BROKER with a signed copy, CARRIER acknowledges and agrees that its acceptance of a rate applicable to such shipment the cargo constitutes CARRIER’s agreement to the compensation communicated terms of the Rate Confirmation Agreement. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a separate Rate Confirmation Agreement, the PARTIES agree that the rate paid by ROCK-IT BROKER and no other rates or compensation are applicable to, nor collected by CARRIER shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-IT. As a condition to payment, CARRIER shall provide ROCK-IT with a legible copy or photocopy the agreed upon contract rate of the bill PARTIES for the services provided, unless such rate is objected to by CARRIER in writing within 10 days of lading, waybill or other proof of delivery. payment by BROKER. (d) Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. XXXXXXX CARRIER’s failure to provide BROKER with a legible copy or photocopy of the xxxx of lading or other proof of delivery will result in CARRIER being held responsible to BROKER for any and all revenues that are uncollected by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER, in its sole discretion, expressly authorizes CARRIER in writing to collect from any such party, in which case, CARRIER’s sole recourse will be against such party. Upon receipt of payment by BROKER, any right of CARRIER to payment from the Customer or any other third-party for services performed will be automatically assigned to BROKER. (f) CARRIER further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (cg) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Agreement signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) The Rate Confirmation Agreement shall be in the form specified in Appendix B. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. CARRIER will be deemed to have accepted the terms of the Rate Confirmation Agreement when they accept and take possession of the freight contemplated in such Agreement with or without signature. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall provide ROCK-IT with be the then current carrier spot rate for such lane as listed by a legible copy or photocopy of the bill of lading, waybill or other proof of delivery. reputable industry benchmark service as selected by BROKER. (d) Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. XXXXXXX further CARRIER’s failure to provide BROKER with a legible copy or photocopy of the xxxx of lading or other proof of delivery will result in CARRIER being held responsible to BROKER for any and all lost revenues or incurred costs by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that ROCK-IT BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER notifies CARRIER that the Customer has not paid BROKER, in which case, the CARRIER’s sole recourse will be against the Customer. (f) CARRIER agrees that BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (cg) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Agreement signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) The Rate Confirmation Agreement shall be in the form specified in Appendix B. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. CARRIER will be deemed to have accepted the terms of the Rate Confirmation Agreement when they accept and take possession of the freight contemplated in such Agreement with or without signature. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall be the then current carrier spot rate for such lane as listed by a reputable industry benchmark service as selected by BROKER. (d) Payment by BROKER will be made within forty-five (45) days of receipt by BROKER of CARRIER’s freight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. CARRIER’s failure to provide ROCK-IT BROKER with a legible copy or photocopy of the bill xxxx of lading, waybill lading or other proof of delivery. Payment delivery will result in CARRIER being held responsible to BROKER for any and all lost revenues or incurred costs by ROCK-IT will be made within thirty (30) days of receipt by ROCK-IT BROKER because of CARRIER’s invoice. XXXXXXX further failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that ROCK-IT BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER notifies CARRIER that the Customer has not paid BROKER, in which case, the CARRIER’s sole recourse will be against the Customer. (f) CARRIER agrees that BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (cg) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a the Rate Confirmation issued at the time of load sheet provided acceptance by ROCK-IT, or in an email or other written communication provided by ROCK-IT, for transportation services performed under this Agreementthe carrier. CARRIER’s acceptance of a The Rate Confirmation will reference the specific load identified in a load sheet or other communication from ROCK-IT subsequent number to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid forby the BROKER , services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Sheet signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) The Rate Confirmation Agreement shall be in the form provided to CARRIER by BROKER. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall provide ROCK-IT with a legible copy or photocopy be the agreed upon contract rate of the bill PARTIES for the services provided, unless such rate is objected to by CARRIER in writing within ten (10) days of lading, waybill or other proof of delivery. payment by BROKER. (d) Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. XXXXXXX As a condition to payment, CARRIER shall provide BROKER with the original xxxx of lading, or a legible copy or photocopy of the xxxx of lading or other proof of delivery, as required by BROKER’s Customer and communicated to CARRIER. CARRIER’s failure to provide BROKER with the paperwork required by BROKER and BROKER’s Customer will result in CARRIER being held responsible to BROKER for any and all revenues that are uncollected by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER, in its sole discretion, expressly authorizes CARRIER in writing to collect from any such party, in which case, CARRIER’s sole recourse will be against such party. Upon receipt of payment by BROKER, any right of CARRIER to payment from the Customer or any other third-party for services performed will be automatically assigned to BROKER. (f) CARRIER further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customerexpenses or costs incurred by BROKER in arranging for alternative transportation services when CARRIER fails to perform services promised BROKER. (cg) CARRIER shall submit all freight bills within 180 one hundred and eighty (180) days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 one hundred and eighty (180) days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Broker/Carrier Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate written instrument agreed to in writing by the PARTIES, (i) CARRIER will invoice and ROCK-IT will pay be compensated for Services performed in connection with each delivery opportunity in accordance with the rates and charges set forth in a load sheet provided payment amounts communicated to CARRIER through the Curri Platform at the time CARRIER accepts such delivery opportunity, and (ii) CARRIER will receive payment through the Curri Platform or otherwise through Curri’s regular payment processing systems. If requested by ROCK-ITBROKER, or in an email or other written communication provided by ROCK-IT, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER prior to receiving payment for any particular Services. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement, accepted through the Curri Platform, or otherwise agreed upon in writing by the Parties, including for accessorial services, or otherwise, and that payment rates and amounts may only be supplemented or revised in accordance with this Agreement or in accordance with the terms of a condition to paymentwritten agreement signed by both PARTIES. In no event will BROKER be responsible for payment of any rates or amounts unless paid by the applicable Sender. (b) In the event Services are provided and it is subsequently discovered that there was no applicable or understood rate through the Platform or a separate written instrument, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall be determined by BROKER in its reasonable discretion with reference to rates and payment amounts paid by BROKER for similar Services on the Platform, unless such rate is objected to by CARRIER in writing within 10 days of payment by BROKER. (c) Any obligation to provide ROCK-IT with a legible copy or photocopy payment by BROKER will be contingent upon receipt by BROKER of the CARRIER’s freight bill, bill of lading, waybill clear delivery receipt, and/or any other necessary billing or evidence of delivery documents enabling BROKER to ascertain that Service have been fully performed to BROKER’s reasonable satisfaction. Failure to provide any such documentation reasonably requested by BROKER within forty-eight (48) hours of delivery may result in a reduction in rate and/or delayed payment, and CARRIER being held responsible to BROKER for any and all revenues that are uncollected by BROKER because of XXXXXXX’s failure to provide needed support paperwork to BROKER. (d) XXXXXXX agrees that BROKER has the exclusive right to handle all billing of Charges to the Sender for the transportation services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the Sender, Receiver, or any other proof of delivery. Payment by ROCK-IT third party unless BROKER, in its sole discretion, expressly authorizes CARRIER in writing to collect from any such party, in which case, XXXXXXX’s sole recourse will be made within thirty (30) days of receipt by ROCK-IT of against such party. XXXXXXX agrees that in the event BROKER refuses to authorize CARRIER to collect from any such party that the CARRIER will be deemed to have waived any rights or claims it may have otherwise had to collect freight charges from the Sender, Receiver, or any party other than the BROKER. Upon CARRIER’s invoice. receipt of payment from BROKER, any right of CARRIER to payment from the Sender or any other third-party for services performed will be automatically assigned to BROKER. (e) XXXXXXX further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (cf) CARRIER shall submit all freight bills within 180 days of delivery or forfeit and waive its right to payment for services Services rendered with respect to such late submitted invoicesany Shipment that CARRIER does not produce documentation or evidence of delivery reasonably requested by BROKER within 6 months of Service delivery. Claims for undercharges must be brought within 180 days of ROCK-IT’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligationsIn all events, CARRIER shall bring suit related to unpaid freight charges or undercharges amounts owed to CARRIER with respect to any Services within 18 months of the date of delivery Service performance, or its right to sue or otherwise seek payment shall be waivedwaived and forfeited. (dg) CARRIER hereby waives and releases all liens which shall provide BROKER with written notice providing BROKER with remittance instructions a (“Notice of Release”) in the event CARRIER might otherwise have enters into any factoring, assignment, pledge, hypothecation, or granting of a security interest in CARRIER’s right to payment under this Agreement. Any factoring, assignment, pledge, hypothecation, or granting of a security interest in CARRIER’s right to payment under this Agreement shall in no event modify, limit, or terminate BROKER’s or any Sender’s right to offset or recoup or claims of BROKER or any Sender for offset, recoupment, loss, or damage to any goods cargo or other property, including personal injury, or any other claim which BROKER or any Sender may have against CARRIER for any reason. All of ROCK-IT BROKER’s and any Sender’s claims and rights are specifically preserved and shall be superior to any such assignee’s, factor’s, or creditor’s rights or claims to payment, regardless of any notice to BROKER or any Sender to the contrary. CARRIER shall notify any such factor, secured creditor, or assignee of BROKER’s and any Sender’s rights in this regard. Further, if BROKER discovers that CARRIER has not provided a valid Notice of Release, CARRIER shall be deemed in breach of this Agreement and BROKER may at its Customer sole discretion terminate this Agreement. BROKER’s remittance of payment in accordance with any Notice of Release shall be deemed payment to CARRIER in all regards and shall absolve BROKER of any liability with respect to payment to CARRIER for the possession services underlying such invoice. Should CARRIER provide multiple or control conflicting Notices of CARRIERRelease, BROKER’s compliance with instructions in any Notice of Release shall absolve BROKER of any liability with respect to amounts owed to CARRIER for the services in question.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a load sheet provided by ROCK-IT, or in an email or other written communication provided by ROCK-ITAppendix A, for transportation services performed under this Agreement. CARRIER’s acceptance of a load identified in a load sheet or other communication from ROCK-IT subsequent to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Sheet signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) The Rate Confirmation Agreement shall be in the form specified in A ppendix B. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in A ppendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall provide ROCK-IT with a legible copy or photocopy be the agreed upon contract rate of the bill PARTIES for the services provided, unless such rate is objected to by CARRIER in writing within 10 days of lading, waybill or other proof of delivery. payment by BROKER. (d) Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight xxxx, xxxx of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. XXXXXXX CARRIER’s failure to provide BROKER with a legible copy or photocopy of the xxxx of lading or other proof of delivery will result in CARRIER being held responsible to BROKER for any and all revenues that are uncollected by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER notifies CARRIER that the Customer has not paid BROKER, in which case, the CARRIER’s sole recourse will be against the Customer. (f) CARRIER further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer. (cg) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue xxx or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Carrier/Broker Agreement

RATES & PAYMENTS. (a) CARRIER will invoice and ROCK-IT BROKER will pay to CARRIER, and not any Driver, the rates and charges set forth in an Electronic Rate Confirmation (as defined below) or in a load sheet rate confirmation provided by ROCK-ITBroker to CARRIER electronically or otherwise (collectively, or in an email “Rate Confirmation”). CARRIER hereby agrees that any Shipment that is accepted by any of its CARRIER Personnel on any of BROKER’s electronic platforms (including any of BROKER’s mobile applications, websites or other written communication provided by ROCK-ITelectronic platforms, for collectively “BROKER’s Electronic Platforms”) is and shall be a Shipment and transportation services performed Service of CARRIER that is subject in all respects to this Agreement at the rates and charges indicated on BROKER’s Electronic Platform. Each such electronic acceptance of a Shipment on any of BROKER’s Electronic Platforms will constitute an agreement between the PARTIES regarding the rates and charges of an applicable Shipment payable to CARRIER and have full force and effect under this Agreement (an “Electronic Rate Confirmation”). In the event CARRIER elects to designate to BROKER certain CARRIER Personnel who are authorized to accept Shipments on behalf of CARRIER on any of BROKER’s Electronic Platforms under this Agreement. CARRIER, (i) CARRIER agrees to notify BROKER, electronically or as BROKER otherwise specifies, immediately of any changes to (including removals from) the CARRIER Personnel so designated and agrees that BROKER may rely upon such designated CARRIER Personnel whenever such CARRIER Personnel accepts a Shipment made available to CARRIER on any of BROKER’s acceptance Electronic Platforms and (ii) CARRIER is solely responsible for its failure to accurately and timely notify BROKER of a load identified in a load sheet or other communication from ROCK-IT subsequent any such changes to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to (including removals from) the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. designated CARRIER will send invoices to ROCK-IT. Personnel. (b) As a condition to payment, CARRIER shall provide ROCK-IT BROKER with a legible copy or photocopy of the bill of lading, waybill lading or other proof of delivery. Payment by ROCK-IT Within five (5) business days of BROKER’s request, CARRIER shall provide BROKER with such documents. BROKER will be made pay CARRIER’s invoice within thirty (30) days of BROKER’s receipt by ROCK-IT of CARRIER’s invoicesuch invoice and bill of lading or other proof of delivery. XXXXXXX further agrees that ROCK-IT has the discretionary right to offset any CARRIER shall accept all freight charge payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delayfrom BROKER via bank wire transfer (ACH). (bc) XXXXXXX agrees that ROCK-IT BROKER has the exclusive right to handle all billing of freight or other charges to the Customer SHIPPER for the services transportation Services provided hereinpursuant to this Agreement, and, as such, and BROKER is solely responsible for paying CARRIER freight charges. XXXXXXX agrees to refrain from waive any and all collection efforts claims CARRIER may have against the shipperSHIPPER, receiverconsignor, consignee, or the Customerthird-party payer related to payment of CARRIER freight charges; provided, however, CARRIER may seek payment from SHIPPER of undisputed freight charges BROKER fails to pay within sixty (60) days of receiving CARRIER’s invoice and supporting shipping documents. (cd) CARRIER shall submit all freight bills within 180 days of delivery or waive its right to payment for services Services rendered with respect to such late submitted invoices. Claims for undercharges and overcharges must be brought within 180 days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge or overcharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER Parties shall bring any valid suit related to unpaid or overpaid freight charges or undercharges within 18 months of the date of delivery or its their right to sue or otherwise seek payment or reimbursement shall be waived. (de) CARRIER hereby waives shall not be required to waive and releases all release any liens which of any nature that CARRIER might otherwise have to any goods of ROCK-IT or its Customer SHIPPER in the possession care, custody or control of CARRIERCARRIER unless SHIPPER requires CARRIER and/or its Drivers to waive such liens in its shipper-broker agreement with BROKER or otherwise.

Appears in 1 contract

Samples: Broker Motor Carrier Agreement

RATES & PAYMENTS. (a) CARRIER Carrier will invoice and ROCK-IT Broker will pay to Carrier, and not to any Driver, the rates and charges set forth in an Electronic Rate Confirmation (as defined below) on Broker’s Platform or in a load sheet rate confirmation provided by ROCK-ITBroker to Carrier electronically or otherwise (collectively, or “Rate Confirmation”). Carrier hereby agrees that any Shipment that is accepted by any of its Carrier Personnel on any of Broker’s Platforms is and shall be a Shipment and transportation Service of Carrier that is subject in all respects to this Agreement at the rates and charges indicated on Broker’s Platform. Each such electronic acceptance of a Shipment on any of Broker’s Platforms will constitute an email or other written communication provided by ROCK-IT, for transportation services performed agreement between the Parties regarding the rates and charges of an applicable Shipment payable to Carrier and have full force and effect under this Agreement (an “Electronic Rate Confirmation”). In the event Carrier elects to designate to Broker certain Carrier Personnel who are authorized to accept Shipments on behalf of Carrier on any of Broker’s Platforms under this Agreement. CARRIER, (i) Carrier agrees to notify Broker, electronically or as Broker otherwise specifies, immediately of any changes to (including removals from) the Carrier Personnel so designated and agrees that Broker may rely upon such designated Carrier Personnel whenever such Carrier Personnel accepts a Shipment made available to Carrier on any of Broker’s acceptance Platforms, and (ii) Carrier is solely responsible for its failure to accurately and timely notify Broker of a load identified in a load sheet or other communication from ROCK-IT subsequent any such changes to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to (including removals from) the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid for, services provided by CARRIER. CARRIER will send invoices to ROCK-IT. designated Carrier Personnel. (b) As a condition to payment, CARRIER Carrier shall provide ROCK-IT Broker with a legible copy or photocopy of the bill xxxx of lading, waybill lading or other proof of delivery. Payment by ROCK-IT Within five (5) business days of Broker’s request, Carrier shall provide Broker with such documents. Broker will be made pay Carrier’s invoice within thirty (30) days of Broker’s receipt by ROCK-IT of CARRIER’s invoicesuch invoice and xxxx of lading or other proof of delivery. XXXXXXX further agrees that ROCK-IT has the discretionary right to offset any Carrier shall accept all freight charge payments owed to CARRIER hereunder for liability incurred by CARRIERfrom Broker via bank wire transfer (ACH), includingcheck, but not limited to, claims for freight, loss, damageonline payment platform, or delayother payment services or platforms. (bc) XXXXXXX Carrier agrees that ROCK-IT Broker has the exclusive right to handle all billing of freight or other charges to the Customer Shipper for the services transportation Services provided hereinpursuant to this Agreement, and, as such, XXXXXXX and Broker is solely responsible for paying Carrier freight charges. Carrier agrees to refrain from waive any and all collection efforts claims Carrier may have against the shipperShipper, receiverconsignor, consignee, or the Customerthird-party payer related to payment of Carrier freight charges; provided, however, Carrier may seek payment from Shipper of undisputed freight charges that Broker fails to pay within sixty (60) days of receiving Carrier’s invoice and supporting shipping documents. (cd) CARRIER Carrier shall submit all freight bills within 180 ninety (90) days of delivery or waive its right to payment for services Services rendered with respect to such late submitted invoices. Claims for undercharges and overcharges must be brought within 180 ninety (90) days of ROCK-ITBroker’s receipt of the original invoice giving rise to such undercharge or overcharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER Parties shall bring any valid claim or suit related to unpaid or overpaid freight charges or undercharges within 18 twelve (12) months of the date of delivery or its their right to sue xxx or otherwise seek payment or reimbursement shall be waived. (de) CARRIER hereby waives Carrier shall not be required to waive and releases all release any liens which CARRIER of any nature that Carrier might otherwise have to any goods of ROCK-IT or its Customer Shipper in the possession care, custody, or control of CARRIERCarrier unless Shipper requires Carrier and/or its Drivers to waive such liens in its shipper-broker agreement with Broker or otherwise.

Appears in 1 contract

Samples: Carrier Terms of Service

RATES & PAYMENTS. (a) Unless otherwise stated in a separate Rate Confirmation Agreement signed by the PARTIES, CARRIER will invoice and ROCK-IT BROKER will pay the rates and charges set forth in a the Rate Confirmation issued at the time of load sheet provided acceptance by ROCK-IT, or in an email or other written communication provided by ROCK-IT, for transportation services performed under this Agreementthe carrier. CARRIER’s acceptance of a The Rate Confirmation will reference the specific load identified in a load sheet or other communication from ROCK-IT subsequent number to ROCK-IT’s provision of a rate applicable to such shipment constitutes CARRIER’s agreement to the compensation communicated by ROCK-IT and no other rates or compensation are applicable to, nor shall be paid forby the BROKER , services provided by CARRIER. CARRIER will send invoices to ROCK-ITBROKER. As CARRIER represents and warrants that there are no other applicable rates or charges except those established in this Agreement or in any Rate Confirmation Sheet signed by BROKER. Appendix A can be supplemented or revised only by written agreement signed by both PARTIES. (b) The Rate Confirmation Agreement shall be in the form provided to CARRIER by BROKER. The Rate Confirmation Agreement shall be signed and agreed to by CARRIER and BROKER before each shipment to which such Rate Confirmation Agreement applies. (c) In the event service is provided and it is subsequently discovered that there was no applicable or understood rate in Appendix A or in a condition to paymentseparate Rate Confirmation Agreement, the PARTIES agree that the rate paid by BROKER and collected by CARRIER shall provide ROCK-IT with a legible copy or photocopy be the agreed upon contract rate of the bill PARTIES for the services provided, unless such rate is objected to by CARRIER in writing within ten (10) days of lading, waybill or other proof of delivery. payment by BROKER. (d) Payment by ROCK-IT BROKER will be made within thirty (30) days of receipt by ROCK-IT BROKER of CARRIER’s invoicefreight bill, bill of lading, clear delivery receipt, and any other necessary billing documents enabling BROKER to ascertain that service has been provided at the agreed upon charge. As a condition to payment, CARRIER shall provide BROKER with the original bill of lading, or a legible copy or photocopy of the bill of lading or other proof of delivery, as required by BROKER’s Customer and communicated to CARRIER. CARRIER’s failure to provide BROKER with the paperwork required by XXXXXX and BROKER’s Customer will result in CARRIER being held responsible to BROKER for any and all revenues that are uncollected by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. (e) CARRIER agrees that BROKER has the exclusive right to handle all billing of freight charges to the Customer for the transportation services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customer unless BROKER, in its sole discretion, expressly authorizes CARRIER in writing to collect from any such party, in which case, XXXXXXX’s sole recourse will be against such party. Upon receipt of payment by BROKER, any right of CARRIER to payment from the Customer or any other third-party for services performed will be automatically assigned to BROKER. (f) XXXXXXX further agrees that ROCK-IT BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER, including, but not limited to, claims for freight, loss, damage, or delay (b) XXXXXXX agrees that ROCK-IT has the exclusive right to handle all billing of freight or other charges to the Customer for the services provided herein, and, as such, XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, or the Customerexpenses or costs incurred by BROKER in arranging for alternative transportation services when CARRIER fails to perform services promised BROKER. (cg) CARRIER shall submit all freight bills within 180 one hundred and eighty (180) days of delivery or waive its right to payment for services rendered with respect to such late submitted invoices. Claims for undercharges must be brought within 180 one hundred and eighty (180) days of ROCK-ITBROKER’s receipt of the original invoice giving rise to such undercharge claim. Assuming CARRIER has complied with the foregoing invoicing obligations, CARRIER shall bring suit related to unpaid freight charges or undercharges within 18 months of the date of delivery or its right to sue or otherwise seek payment shall be waived. (d) CARRIER hereby waives and releases all liens which CARRIER might otherwise have to any goods of ROCK-IT or its Customer in the possession or control of CARRIER.

Appears in 1 contract

Samples: Broker/Carrier Agreement

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