Common use of Freight Rates Clause in Contracts

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

Appears in 1 contract

Samples: Transportation Agreement

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

Appears in 1 contract

Samples: tnetworkinc.com

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

Appears in 1 contract

Samples: Transportation Agreement

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

Appears in 1 contract

Samples: tnetworkinc.com

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

Appears in 1 contract

Samples: Transportation Brokerage Agreement

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