Common use of PAYMENT AND CHARGES Clause in Contracts

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 shall invoice SHIPPER for its services in accordance with the rates 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, such rates shall be considered “written,” and shall 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, 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 ten (10) 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 Parties, with interest accruing monthly at a rate of one percent (1%) on past due invoices. Shipper shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges with respect to undisputed invoices. 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 their written contracts with Servicing Motor Carriers that BROKER has the exclusive right to handle all billing of freight charges to the Shipper 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. Payment of the freight charges to BROKER shall relieve SHIPPER or other responsible party of any liability to the Servicing Motor Carrier for non-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. With respect to any shipment tendered by SHIPPER XXXXXXX to BROKER, BROKER shall invoice SHIPPER for its services in accordance with the rates 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, such rates shall be considered “written,” and shall be binding upon BROKER’s invoice to SHIPPER and SHIPPER’s payment to BROKER. In the event that Brokerage brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate, 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 ten thirty (1030) days of the invoice date. SHIPPER XXXXXXX agrees to pay BROKER within thirty (30) days of receiving invoice, without deduction or setoff unless agreed to in writing by the Parties, with interest accruing monthly at a rate of one percent (1%) on past due invoices. Shipper shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges with respect to undisputed invoices. 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 servicesoffset. BROKER will implement and maintain in their its written contracts with Servicing Motor Carriers that BROKER has the exclusive right to handle all billing of freight charges to the Shipper 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 receiverreceiver of the shipment. Payment of the freight charges to BROKER under this Agreement shall relieve SHIPPER or any other responsible party of any liability to the Servicing Motor Carrier for non-payment of its freight charges; and BROKER hereby covenants and agrees to indemnify SHIPPER indemnify, defend, and to hold SHIPPER, or any other responsible party against harmless from any such liabilityclaim of nonpayment by the Servicing Motor Carrier, or any party acting through or under the Servicing Motor Carrier.

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 shall invoice SHIPPER for its services in accordance with will charge and CUSTOMER will pay the rates and charges set forth in a load confirmation or as otherwise 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, such rates shall be considered “written,” and shall be binding upon BROKER’s invoice to SHIPPER and SHIPPER’s payment to BROKER. In the event that Brokerage for services are provided and it is subsequently discovered that there was no applicable or understood rate, 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 ten (10) days of the invoice datewithout offset. SHIPPER CUSTOMER agrees to pay BROKER without offset and within thirty fifteen (3015) days of receiving the invoice, without deduction or setoff unless agreed to in writing by the Parties, with interest accruing monthly at a rate of one percent (1%) per month on past due invoicesany unpaid balance. Shipper CUSTOMER shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges with respect charges. If any information provided by CUSTOMER is inaccurate or incomplete, CUSTOMER acknowledges and agrees that agreed upon rates may, in BROKER’s sole discretion, be revised to undisputed invoicesreflect the goods actually tendered. BROKER CUSTOMER shall also be solely responsible for making payments of freight and other any additional accessorial charges to Servicing Motor Carriers utilized imposed by BROKER to provide the transportation services. BROKER will 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 Shipper and/or Customer for the transportation services provided, and as such, the Servicing Motor Carrier shall agree 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 refrain from all collection efforts against the SHIPPER, Customer, use of equipment in which cargo is or the receiver. Payment of the freight charges has been laden which such equipment is neither owned by nor leased to BROKER shall relieve SHIPPER or other responsible party of any liability to the Servicing Motor Carrier 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 non-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 extent not prohibited by applicable law, BROKER will have a general lien on any cargo under its, or its freight charges; Servicing Motor Carrier’s, dominion or control, and BROKER hereby covenants any proceeds thereof, for any and agrees all amounts due and owing from CUSTOMER or with respect to indemnify SHIPPER services rendered at the request, or other responsible party for the benefit of, CUSTOMER, regardless of whether those amounts relate to cargo or proceeds against such liabilitywhich the general lien is enforced.

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 shall invoice SHIPPER for its services in accordance with the rates 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, such rates shall be considered “written,” and shall be binding upon BROKER’s invoice to SHIPPER and SHIPPER’s payment to BROKER. In the event that Brokerage brokerage services are provided and it is subsequently discovered that there was no applicable or understood rate, 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 ten thirty (1030) 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 Parties, with interest accruing monthly at a rate of one percent (1%) on past due invoices. Shipper shall also be liable for any expenses, including attorney fees, BROKER incurs in collecting its rates and charges with respect to undisputed invoicesoffset. 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 their its written contracts with Servicing Motor Carriers that BROKER has the exclusive right to handle all billing of freight charges to the Shipper 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 receiverreceiver of the shipment. Payment of the freight charges to BROKER under this Agreement shall relieve SHIPPER or any other responsible party of any liability to the Servicing Motor Carrier for non-payment of its freight charges; and BROKER hereby covenants and agrees to indemnify SHIPPER indemnify, defend, and to hold SHIPPER, or any other responsible party against harmless from any such liabilityclaim of nonpayment by the Servicing Motor Carrier, or any party acting through or under the Servicing Motor Carrier.

PAYMENT AND CHARGES. SHIPPER shall tender certain shipments, from time to time, to BROKER. With respect to any shipment tendered by BROKER will charge and SHIPPER to BROKER, BROKER shall invoice SHIPPER for its services will pay in accordance with the rates rates, charges, and charges as agreed to payment terms set forth in writing the SHIPPER’S tender if accepted by both Parties prior to BROKER or the movement 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 shipmentBROKER Quote Confirmation Agreement shall prevail. If rates are negotiated between the Parties and not otherwise confirmed in writing, such rates The Quote Confirmation Agreement shall be considered “written,” in the form specified in Appendix A. BROKER represents and shall be binding upon BROKER’s invoice to SHIPPER and SHIPPER’s payment to BROKERwarrants that there are no other applicable rates or charges except those established in this Agreement. In the event that Brokerage brokerage services are provided and it is subsequently discovered that there was no applicable or understood raterate in place, the Parties agree that the charges invoiced by BROKER shall be the agreed upon contract rate of the Parties and paid utilizing previously rating methods for the services provided, unless such payment is objected to by SHIPPER within ten thirty (1030) days of the invoice date. SHIPPER XXXXXXX agrees to pay BROKER within thirty (30) days of receiving the invoice, without deduction or setoff unless agreed to in writing by the Parties, 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 charges with respect to undisputed invoicescharges. BROKER shall be solely responsible for making The SHIPPER will not, at its sole discretion, offset any 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 their written contracts with Servicing Motor Carriers that BROKER has the exclusive right to handle all billing of freight charges owed to the Shipper and/or Customer 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 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. Payment of the freight charges to BROKER shall relieve SHIPPER or other responsible party of any liability to the Servicing Motor Carrier for non-payment of its freight charges; and BROKER hereby covenants and agrees to indemnify SHIPPER or other responsible party against such liabilityby both Parties.