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 Rate Confirmation Agreement if accepted by 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 Rate Confirmation, the BROKER Rate Confirmation Agreement shall prevail. 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 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. XXXXXXX 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.

Appears in 2 contracts

Samples: Broker/Shipper Agreement, Broker/Shipper Agreement

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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 Rate Confirmation Agreement if accepted by 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 Rate Confirmation, the BROKER Rate Confirmation Agreement shall prevail. 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 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. XXXXXXX 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.

Appears in 1 contract

Samples: B Roker/Shipper Agreement

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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 Rate Confirmation Agreement if accepted by 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 Rate Confirmation, the BROKER Rate Confirmation Agreement shall prevail. The 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 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. XXXXXXX 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.

Appears in 1 contract

Samples: Broker/Shipper Agreement

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