Common use of PAYMENT AND CHARGES Clause in Contracts

PAYMENT AND CHARGES. SHIPPER shall tender certain shipments, from time to time, to BROKER. BROKER will charge and SHIPPER will pay in accordance with the rates, charges, and payment terms set forth in the SHIPPER’S tender if accepted by BROKER or the BROKER’S signed Quote Confirmation Agreement if accepted by SHIPPER (via signature or emailed acceptance), for transportation services performed under this Agreement. In cases where there is a conflict in the details of an accepted SHIPPER tender and an accepted BROKER Quote Confirmation, the BROKER Quote Confirmation Agreement shall prevail. The Quote Confirmation Agreement shall be in the form specified in Appendix A. BROKER represents and warrants that there are no other applicable rates or charges except those established in this Agreement. In the event brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate in place, the Parties agree that the charges invoiced by BROKER shall be the agreed upon and paid utilizing previously rating methods for the services provided, unless such payment is objected to by SHIPPER within thirty (30) days of the invoice date. ▇▇▇▇▇▇▇ agrees to pay BROKER within thirty (30) days of receiving the invoice, with interest accruing monthly at a rate of one percent (1%). SHIPPER shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges. The SHIPPER will not, at its sole discretion, offset any payments owed to the BROKER. Should a dispute arise, that can’t be resolved by both parties, an Arbitrator will be appointed, with the matter being decided by binding Arbitration. The cost of this action will be paid for by both Parties.

PAYMENT AND CHARGES. SHIPPER shall tender certain shipments, from time to time, to BROKER. With respect to any shipment tendered by SHIPPER to BROKER, BROKER will charge and shall invoice SHIPPER will pay for its services in accordance with the ratesrates and charges as agreed to in writing by both Parties prior to the movement of the shipment. If rates are negotiated between the Parties and not otherwise confirmed in writing, charges, and payment terms set forth in the SHIPPER’S tender if accepted by BROKER or the BROKER’S signed Quote Confirmation Agreement if accepted by SHIPPER (via signature or emailed acceptance), for transportation services performed under this Agreement. In cases where there is a conflict in the details of an accepted SHIPPER tender and an accepted BROKER Quote Confirmation, the BROKER Quote Confirmation Agreement shall prevail. The Quote Confirmation Agreement such rates shall be in the form specified in Appendix A. BROKER represents considered “written,” and warrants that there are no other applicable rates or charges except those established in this Agreementshall be binding upon BROKER’s invoice to SHIPPER and SHIPPER’s payment to BROKER. In the event brokerage that Brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate in placerate, the Parties agree that the charges invoiced by BROKER shall be the agreed upon and paid utilizing previously rating methods contract rate of the Parties for the services provided, unless such payment is objected to by SHIPPER within thirty ten (3010) days of the invoice date. ▇▇▇▇▇▇▇ SHIPPER agrees to pay BROKER within thirty (30) days of receiving invoice, without deduction or setoff unless agreed to in writing by the invoiceParties, with interest accruing monthly at a rate of one percent (1%)) on past due invoices. SHIPPER Shipper shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and chargescharges with respect to undisputed invoices. The SHIPPER BROKER shall be solely responsible for making payments of freight and other accessorial charges to Servicing Motor Carriers utilized by BROKER to provide the transportation services. BROKER will not, at its sole discretion, offset any payments owed implement and maintain in their written contracts with Servicing Motor Carriers that BROKER has the exclusive right to handle all billing of freight charges to the BROKERShipper and/or Customer for the transportation services provided, and as such, the Servicing Motor Carrier shall agree to refrain from all collection efforts against the SHIPPER, Customer, or the receiver. Should a dispute arise, that can’t be resolved by both parties, an Arbitrator will be appointed, with Payment of the matter being decided by binding Arbitration. The cost freight charges to BROKER shall relieve SHIPPER or other responsible party of this action will be paid any liability to the Servicing Motor Carrier for by both Partiesnon-payment of its freight charges; and BROKER hereby covenants and agrees to indemnify SHIPPER or other responsible party against such liability.

PAYMENT AND CHARGES. SHIPPER shall tender certain shipments, from time to time, to BROKER. BROKER will charge and SHIPPER CUSTOMER will pay in accordance with the rates, charges, rates and payment terms charges set forth in the SHIPPER’S tender if accepted a load confirmation or as otherwise agreed for services provided by BROKER or the BROKER’S signed Quote Confirmation Agreement if accepted by SHIPPER (via signature or emailed acceptance), for transportation services performed under this Agreementwithout offset. In cases where there is a conflict in the details of an accepted SHIPPER tender and an accepted BROKER Quote Confirmation, the BROKER Quote Confirmation Agreement shall prevail. The Quote Confirmation Agreement shall be in the form specified in Appendix A. BROKER represents and warrants that there are no other applicable rates or charges except those established in this Agreement. In the event brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate in place, the Parties agree that the charges invoiced by BROKER shall be the agreed upon and paid utilizing previously rating methods for the services provided, unless such payment is objected to by SHIPPER within thirty (30) days of the invoice date. ▇▇▇▇▇▇▇ CUSTOMER agrees to pay BROKER without offset and within thirty fifteen (3015) days of receiving the invoice, with interest accruing monthly at a rate of one percent (1%)) per month on any unpaid balance. SHIPPER CUSTOMER shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges. The SHIPPER will notIf any information provided by CUSTOMER is inaccurate or incomplete, at its CUSTOMER acknowledges and agrees that agreed upon rates may, in BROKER’s sole discretion, offset be revised to reflect the goods actually tendered. CUSTOMER shall also be responsible for any payments owed additional accessorial charges imposed by the Servicing Motor Carrier which were not anticipated by BROKER at the time BROKER arranged for services with Servicing Motor Carrier or which were not otherwise included in the rate set forth in the load confirmation. Without limiting the foregoing, CUSTOMER will be solely liable for any and all charges imposed by third parties with respect to use of equipment in which cargo is or has been laden which such equipment is neither owned by nor leased to BROKER or the Servicing Motor Carrier. Such charges include, but are not limited to, per diem, detention and demurrage charges imposed by steamship lines or other intermodal equipment providers. BROKER shall have a possessory lien on all cargo, and any proceeds therefrom, in its, or in its Servicing Motor Carrier’s, dominion or control for the payment of any and all amounts due and owing from CUSTOMER or with respect to services rendered at the request, or for the benefit of, CUSTOMER. In addition, to the BROKER. Should extent not prohibited by applicable law, BROKER will have a dispute arisegeneral lien on any cargo under its, that can’t be resolved by both partiesor its Servicing Motor Carrier’s, an Arbitrator will be appointeddominion or control, and any proceeds thereof, for any and all amounts due and owing from CUSTOMER or with respect to services rendered at the matter being decided by binding Arbitration. The cost request, or for the benefit of, CUSTOMER, regardless of this action will be paid for by both Partieswhether those amounts relate to cargo or proceeds against which the general lien is enforced.

PAYMENT AND CHARGES. SHIPPER shall tender certain shipments, from time to time, to BROKER. BROKER will charge and SHIPPER will pay in accordance with the rates, charges, and payment terms set forth in the SHIPPER’S tender if accepted by BROKER or the BROKER’S signed Quote Rate Confirmation Agreement if accepted by SHIPPER (via signature or emailed acceptance)SHIPPER, for transportation services performed under this Agreement. In cases where there is a conflict in the details of an accepted SHIPPER tender and an accepted BROKER Quote Rate Confirmation, the BROKER Quote Rate Confirmation Agreement shall prevail. The Quote Rate Confirmation Agreement shall be in the form specified in Appendix A. BROKER represents and warrants that there are no other applicable rates or charges except those established in this Agreement. In the event brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate in place, the Parties agree that the charges invoiced by BROKER shall be the agreed upon and paid utilizing previously rating methods contract rate of the Parties for the services provided, unless such payment is objected to by SHIPPER within thirty (30) days of the invoice date. ▇▇▇▇▇▇▇ SHIPPER agrees to pay BROKER within thirty (30) days of receiving the invoice, with interest accruing monthly at a rate of one percent (1%). SHIPPER shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges. The SHIPPER will not, at its sole discretion, offset any payments owed to the BROKER. Should a dispute arise, that can’t be resolved by both parties, an Arbitrator will be appointed, with the matter being decided by binding Arbitration. The cost of this action will be paid for by both Parties.

PAYMENT AND CHARGES. SHIPPER shall tender certain shipments, from time With respect to time, any shipment tendered by ▇▇▇▇▇▇▇ to BROKER. , BROKER will charge and shall invoice SHIPPER will pay for its services in accordance with the ratesrates and charges as agreed to in writing by both Parties prior to the movement of the shipment. If rates are negotiated between the Parties and not otherwise confirmed in writing, charges, and payment terms set forth in the SHIPPER’S tender if accepted by BROKER or the BROKER’S signed Quote Confirmation Agreement if accepted by SHIPPER (via signature or emailed acceptance), for transportation services performed under this Agreement. In cases where there is a conflict in the details of an accepted SHIPPER tender and an accepted BROKER Quote Confirmation, the BROKER Quote Confirmation Agreement shall prevail. The Quote Confirmation Agreement such rates shall be in the form specified in Appendix A. BROKER represents considered “written,” and warrants that there are no other applicable rates or charges except those established in this Agreementshall be binding upon BROKER’s invoice to SHIPPER and SHIPPER’s payment to BROKER. In the event that brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate in placerate, the Parties agree that the charges invoiced by BROKER shall be the agreed upon and paid utilizing previously rating methods contract rate of the Parties for the services provided, unless such payment is objected to by SHIPPER within thirty (30) days of the invoice date. ▇▇▇▇▇▇▇ agrees to pay BROKER within thirty (30) days of receiving the invoice, without offset. BROKER will implement and maintain in its written contracts with interest accruing monthly at a rate Servicing Motor Carriers that BROKER has the exclusive right to handle all billing of one percent (1%). SHIPPER shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges. The SHIPPER will not, at its sole discretion, offset any payments owed freight charges to the BROKERShipper for the transportation services provided, and as such, the Servicing Motor Carrier shall agree to refrain from all collection efforts against the SHIPPER, or the receiver of the shipment. Should a dispute arisePayment of the freight charges to BROKER under this Agreement shall relieve SHIPPER or any other party of any liability to the Servicing Motor Carrier for non-payment of its freight charges; and BROKER hereby covenants and agrees to indemnify, that can’t be resolved defend, and to hold SHIPPER, or any other party harmless from any such claim of nonpayment by both partiesthe Servicing Motor Carrier, an Arbitrator will be appointed, with or any party acting through or under the matter being decided by binding Arbitration. The cost of this action will be paid for by both PartiesServicing Motor Carrier.

PAYMENT AND CHARGES. SHIPPER shall tender certain shipments, from time to time, to BROKER. BROKER ▇▇▇▇▇▇ will charge and SHIPPER will pay in accordance with the rates, charges, rates and payment terms charges set forth in the SHIPPER’S tender if accepted a quote provided by BROKER ▇▇▇▇▇▇, as well as for any accessorial services rendered by ▇▇▇▇▇▇ at ▇▇▇▇▇▇’ then current rates, or the BROKER’S signed Quote Confirmation Agreement if accepted as otherwise agreed for Services provided by SHIPPER (via signature or emailed acceptance), for transportation services performed under this Agreement. In cases where there is a conflict in the details of an accepted SHIPPER tender and an accepted BROKER Quote Confirmation, the BROKER Quote Confirmation Agreement shall prevail. The Quote Confirmation Agreement shall be in the form specified in Appendix A. BROKER represents and warrants that there are no other applicable rates or charges except those established in this Agreement. In the event brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate in place, the Parties agree that the charges invoiced by BROKER shall be the agreed upon and paid utilizing previously rating methods for the services provided, unless such payment is objected to by SHIPPER within thirty (30) days of the invoice date▇▇▇▇▇▇ without offset. ▇▇▇▇▇▇▇ agrees to pay BROKER ▇▇▇▇▇▇ without offset and within thirty (30) days of receiving the invoice, with interest accruing monthly at a rate of one percent (1%)) per month on any unpaid balance. SHIPPER shall also be liable for any expenses, including attorney fees, BROKER ▇▇▇▇▇▇ incurs in collecting its rates and charges. The ▇▇▇▇▇▇▇ acknowledges and agrees that ▇▇▇▇▇▇’ charges may be invoiced by an affiliate of ▇▇▇▇▇▇, acting as agent of ▇▇▇▇▇▇, which such fact will not impact the applicability of these Terms and Conditions to the Services. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ▇▇▇▇▇▇ WILL HAVE A GENERAL LIEN ON ANY GOODS THAT HAVE COME OR WILL COME INTO ITS POSSESSION, OR THE POSSESSION OF ANY THIRD PARTY ENGAGED BY ▇▇▇▇▇▇ TO PROVIDE SERVICES, AND ON ANY PROCEEDS THEREOF, FOR ANY AND ALL CHARGES DUE AND OWING TO ▇▇▇▇▇▇ REGARDLESS OF WHETHER THOSE CHARGES RELATED TO THE GOODS OR PROCEEDS AGAINST WHICH THE GENERAL LIEN IS ENFORCED. In no event will ▇▇▇▇▇▇ have any responsibility for, and SHIPPER will notdefend, at its sole discretionindemnify, offset and hold ▇▇▇▇▇▇ harmless from, and will pay and reimburse, any payments owed charges imposed by third parties with respect to use of equipment in which cargo tendered by, to or on behalf of SHIPPER is or has been laden, or for charges assessed with respect to storage or handling of any such equipment, including, but not limited to, charges assessed by steamship lines, rail carriers, rail terminal operators, marine terminal operators or port authorities. Without limiting the BROKER. Should a dispute arisegenerality of the foregoing, that can’t be resolved by both parties▇▇▇▇▇▇ shall have no liability for any such charges arising from or related to port congestion, an Arbitrator will be appointedlack of equipment availability, with the matter being decided by binding Arbitration. The cost of this action will be paid for by both Partieslabor shortages, or other situations impacting port or intermodal transportation operations.

PAYMENT AND CHARGES. SHIPPER shall tender certain shipments, from time to time, to BROKER. With respect to any shipment tendered by SHIPPER to BROKER, BROKER will charge and shall invoice SHIPPER will pay for its services in accordance with the ratesrates and charges as agreed to in writing by both Parties prior to the movement of the shipment. If rates are negotiated between the Parties and not otherwise confirmed in writing, charges, and payment terms set forth in the SHIPPER’S tender if accepted by BROKER or the BROKER’S signed Quote Confirmation Agreement if accepted by SHIPPER (via signature or emailed acceptance), for transportation services performed under this Agreement. In cases where there is a conflict in the details of an accepted SHIPPER tender and an accepted BROKER Quote Confirmation, the BROKER Quote Confirmation Agreement shall prevail. The Quote Confirmation Agreement such rates shall be in the form specified in Appendix A. BROKER represents considered “written,” and warrants that there are no other applicable rates or charges except those established in this Agreementshall be binding upon BROKER’s invoice to SHIPPER and SHIPPER’s payment to BROKER. In the event that brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate in placerate, the Parties agree that the charges invoiced by BROKER shall be the agreed upon and paid utilizing previously rating methods contract rate of the Parties for the services provided, unless such payment is objected to by SHIPPER within thirty (30) days of the invoice date. ▇▇▇▇▇▇▇ SHIPPER agrees to pay BROKER within thirty (30) days of receiving the invoice, without offset. BROKER shall be solely responsible for making payments of freight and other accessorial charges to Servicing Motor Carriers utilized by BROKER to provide the transportation services. BROKER will implement and maintain in its written contracts with interest accruing monthly at a rate Servicing Motor Carriers that BROKER has the exclusive right to handle all billing of one percent (1%). SHIPPER shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges. The SHIPPER will not, at its sole discretion, offset any payments owed freight charges to the BROKERShipper for the transportation services provided, and as such, the Servicing Motor Carrier shall agree to refrain from all collection efforts against the SHIPPER, or the receiver of the shipment. Should a dispute arisePayment of the freight charges to BROKER under this Agreement shall relieve SHIPPER or any other party of any liability to the Servicing Motor Carrier for non-payment of its freight charges; and BROKER hereby covenants and agrees to indemnify, that can’t be resolved defend, and to hold SHIPPER, or any other party harmless from any such claim of nonpayment by both partiesthe Servicing Motor Carrier, an Arbitrator will be appointed, with or any party acting through or under the matter being decided by binding Arbitration. The cost of this action will be paid for by both PartiesServicing Motor Carrier.