IX. RATES
1. Rates. The Parties agree that the rates as between HCS and Carrier will be determined from
time-to-time based on the market conditions then prevailing unless there is a separate contract
existing between the Parties as to specific lanes. The methodology for determining the
applicable rate will be as follows:
After a rate is agreed to by the Parties, HCS shall transmit by facsimile (or other
electronic means) to the Carrier, a Rate Confirmation Sheet (or substantively similar
document), which document will identify the shipment by: DATE OF TENDER,
ORIGIN, DESTINATION, COMMODITY, ESTIMATED WEIGHT, PICK-UP TIME AND
DATE, DELIVERY TIME AND DATE, AND AGREED UPON RATE.
2. Rate Confirmation Sheets. Rate Confirmation Sheets shall be deemed to be an accepted
amendment to this Agreement. Due to document storage considerations, the Rate
Confirmation Sheet need not be attached to the original Agreement but may be kept with the
shipping papers that are retained as to the individual shipment. The same requirements of
retention and availability of inspection of documents, that apply pursuant to this Agreement,
shall apply to the Rate Confirmation Sheets. If either Party disputes the accuracy of any
amended rate, that Party shall notify the other Party within twenty-four (24) hours of receipt of
the Rate Confirmation Sheet. Upon notification, the disputed rate shall not become an
amended rate until agreed to by both Parties.
3. Mileage Calculations. Unless otherwise specified in the applicable Rate Confirmation Sheet,
the Parties hereby agree that, for the Term of this Agreement, all mileage for origin-to-
destination combinations, for purposes of determining rates hereunder, will be calculated with
Google Maps. Any invoices not utilizing such calculations will be adjusted and paid by HCS
based on its calculation using Google Maps.
Schmieding
Carrier Agreement
4/5/2019
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