Common use of RATES & PAYMENTS Clause in Contracts

RATES & PAYMENTS. 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 charge and LOGISTICS will pay the rates and charges set forth in Appendix 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, 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 separate rate confirmation sheet, the parties agree that the rate paid by LOGISTICS 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 within 10 days of the invoice date. Payment by LOGISTICS will be made within thirty (30) days of receipt by LOGISTICS of CARRIER’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. 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 LOGISTICS has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER. CARRIER shall be charged penalties if xxxx of lading or clear delivery receipt are not submitted within 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 from date of actual delivery.

RATES & PAYMENTS. 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 AgreementAgreement signed by the PARTIES, CARRIER will charge invoice and LOGISTICS BROKER will pay the rates and charges set forth in Appendix A and Appendix BA, for transportation services performed under this Agreement. 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. The Rate Confirmation Agreement shall be in the form specified in Appendix C. B. The Rate Confirmation Agreement shall be signed and agreed to by LOGISTICS CARRIER and CARRIER BROKER 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, 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 separate rate confirmation sheetRate Confirmation Agreement, the parties PARTIES agree that the rate paid by LOGISTICS BROKER and collected by CARRIER shall be the agreed upon contract rate of the parties PARTIES for the services provided, unless such rate is objected to by CARRIER in writing within 10 days of the invoice datepayment by BROKER. Payment by LOGISTICS BROKER will be made within thirty (30) days of receipt by LOGISTICS BROKER of CARRIER’s freight xxxxbill, xxxx bill of lading, clear delivery receipt, and any other necessary billing documents enabling LOGISTICS BROKER to ascertain that service has been provided at the agreed upon charge. 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 are uncollected by BROKER because of CARRIER’s failure to provide needed support paperwork to BROKER. XXXXXXX agrees that LOGISTICS BROKER has the exclusive right to handle all billing of freight charges to the Customer or for the transportation services provided herein, and, as such, CARRIER XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, consignor, consignee or the CustomerCustomer 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 LOGISTICS BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIERXXXXXXX, 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 charged penalties if xxxx brought within 180 days of lading BROKER’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 clear delivery receipt are not submitted undercharges within twenty-four (24) hours after delivery 18 months 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 from the date of actual deliverydelivery or its right to sue or otherwise seek payment shall be waived.

RATES & PAYMENTS. 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, (a) CARRIER will charge invoice and LOGISTICS BROKER will pay to CARRIER, and not any Driver, the rates and charges set forth in Appendix A and Appendix B, for transportation services performed under this Agreement. The an Electronic Rate Confirmation Agreement (as defined below) or in a rate confirmation provided by Broker to CARRIER electronically or otherwise (collectively, “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 electronic platforms including emails, collectively “BROKER’s Electronic Platforms”) is and shall be a Shipment and transportation Service of CARRIER that is subject in all respects to this Agreement at 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 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 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 PARTIES regarding the rates and charges of an applicable Shipment payable to CARRIER if not objected to by CARRIER, in writing, within twenty-four and have full force and effect under this Agreement (24) hours from the date and time faxed or otherwise transmittedan “Electronic Rate Confirmation”). 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 sheetCARRIER 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, the parties agree that the rate paid by LOGISTICS 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 within 10 days of the invoice date. Payment by LOGISTICS will be made within thirty (30i) days of receipt by LOGISTICS of CARRIER’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. 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 notify BROKER, electronically or as BROKER otherwise specifies, immediately of any changes to (including removals from) the shipper, receiver, consignor, consignee or the Customer. CARRIER further Personnel so designated and agrees that LOGISTICS has the discretionary right to offset any payments owed BROKER may rely upon such designated CARRIER Personnel whenever such CARRIER Personnel accepts a Shipment made available to CARRIER hereunder on any of BROKER’s Electronic Platforms and (ii) CARRIER is solely responsible for liability incurred by CARRIER. its failure to accurately and timely notify BROKER of any such changes to (including removals from) the designated CARRIER shall be charged penalties if xxxx of lading or clear delivery receipt are not submitted within 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 from date of actual deliveryPersonnel.

RATES & PAYMENTS. 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, (a) CARRIER will charge invoice and LOGISTICS BROKER will pay to CARRIER, and not any Driver, the rates and charges set forth in Appendix A and Appendix B, for transportation services performed under this Agreement. The an Electronic Rate Confirmation Agreement (as defined below) or in a rate confirmation provided by Broker to CARRIER electronically or otherwise (collectively, “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 electronic platforms, collectively “BROKER’s Electronic Platforms”) is and shall be a Shipment and transportation Service of CARRIER that is subject in all respects to this Agreement at 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 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 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 PARTIES regarding the rates and charges of an applicable Shipment payable to CARRIER if not objected to by CARRIER, in writing, within twenty-four and have full force and effect under this Agreement (24) hours from the date and time faxed or otherwise transmittedan “Electronic Rate Confirmation”). 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 sheetCARRIER 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, the parties agree that the rate paid by LOGISTICS 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 within 10 days of the invoice date. Payment by LOGISTICS will be made within thirty (30i) days of receipt by LOGISTICS of CARRIER’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. 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 notify BROKER, electronically or as BROKER otherwise specifies, immediately of any changes to (including removals from) the shipper, receiver, consignor, consignee or the Customer. CARRIER further Personnel so designated and agrees that LOGISTICS has the discretionary right to offset any payments owed BROKER may rely upon such designated CARRIER Personnel whenever such CARRIER Personnel accepts a Shipment made available to CARRIER hereunder on any of BROKER’s Electronic Platforms and (ii) CARRIER is solely responsible for liability incurred by CARRIER. its failure to accurately and timely notify BROKER of any such changes to (including removals from) the designated CARRIER shall be charged penalties if xxxx of lading or clear delivery receipt are not submitted within 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 from date of actual deliveryPersonnel.

RATES & PAYMENTS. CARRIER XXXXXXX 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 charge and LOGISTICS will pay the rates and charges set forth in Appendix 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, 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 separate rate confirmation sheet, the parties agree that the rate paid by LOGISTICS 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 within 10 days of the invoice date. Payment by LOGISTICS will be made within thirty (30) days of receipt by LOGISTICS of CARRIER’s freight xxxxbill, xxxx bill 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. CARRIER XXXXXXX 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 XXXXXXX agrees to refrain from all collection efforts against the shipper, receiver, consignor, consignee or the Customer. CARRIER XXXXXXX further agrees that LOGISTICS has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER. CARRIER shall be charged penalties if xxxx bill of lading or clear delivery receipt are not submitted within 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 from date of actual delivery.

RATES & PAYMENTS. 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 charge and LOGISTICS will pay the rates and charges set forth in Appendix 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 or charges except those established in the 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, in writing, within twenty-four (24) hours from the date and time faxed or otherwise transmittedfaxed. 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 sheet, the parties agree that the rate paid by LOGISTICS 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 within 10 days of the invoice date. Payment by LOGISTICS will be made within thirty (30) days of receipt by LOGISTICS of CARRIER’s '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. 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 LOGISTICS has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER. CARRIER shall be charged penalties if xxxx of lading or clear delivery receipt are not submitted within 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 from date of actual delivery.