Shipping Rates, Carrier Charges, and Accessorial FeesUpdated 19 days ago
Shipping Rates, Carrier Charges, and Accessorial Fees. Nice charges CLIENT for parcel transportation and related carrier services in accordance with the rate tables and the terms set forth in this Section. The provisions of this Section govern all carrier charges, surcharges, accessorial fees, and adjustments arising from the shipment of CLIENTS goods, and survive any expiration or termination of this Agreement with respect to charges incurred prior to the effective date of termination.
Rate Tables. Nice provides CLIENT with current rate tables that set forth the applicable base rates for parcel transportation. These rate tables are maintained in a shared Google Drive folder to which CLIENT is granted access for the duration of this Agreement. Nice may update the rate tables on a monthly cadence as it deems necessary, and will update the rate tables to reflect any rate change implemented by a parcel carrier. Nice will use commercially reasonable efforts to make updated rate tables available in advance of, or promptly upon, the effective date of any such change.
Rate Tables Provided as Guides. The rate tables are provided to the CLIENT as estimation guides only and do not constitute a fixed, firm, or guaranteed quotation for any shipment. All rates published in the rate tables are subject to change and are subject to the accessorial fees, surcharges, and adjustments described in this Section. CLIENT acknowledges that the actual charges for any given shipment may differ from the rates set forth in the rate tables.
Carrier Selection. Unless CLIENT specifies a required carrier or service level in writing, Nice may select, in its reasonable discretion, the carrier and service level that best balances cost and transit time for each shipment. Where CLIENT directs the use of a specific carrier or service level, CLIENT is responsible for any incremental cost associated with that direction.
Billing on Actual Charges. Charges for each shipment are calculated based on the actual charges assessed by the parcel carrier following fulfillment of that shipment. Actual charges may differ from any estimate generated at the time an order is placed due to carrier reweighs, dimensional pricing, address corrections, and other carrier-assessed adjustments. CLIENT agrees to pay the actual charges as invoiced.
Accessorial Fees and Surcharges. In addition to base transportation rates, parcel carriers assess accessorial fees and surcharges that are determined solely by the carriers and that may fluctuate independent of the rate tables. Such fees and surcharges include, but are not limited to, fuel surcharges, dimensional (DIM) weight pricing, address correction fees, residential and delivery area surcharges, additional handling and oversize or large package surcharges, signature and adult signature fees, return and reroute charges, and peak or seasonal surcharges. These charges are passed through to the CLIENT.
Carrier Reweighs and Post-Shipment Audit Adjustments. Parcel carriers routinely audit the weight and dimensions of shipments after delivery and may issue retroactive billing adjustments. Such adjustments may appear on an invoice in a period subsequent to the period in which the shipment occurred. CLIENT acknowledges that these retroactive adjustments are a standard feature of parcel carrier billing and that they remain the responsibility of CLIENT regardless of the period in which they are billed.
Transparency of Charges. Nice will reflect all carrier charges, accessorial fees, and surcharges on CLIENTS invoices as they are passed through from the parcel carriers. Nice provides this pass-through transparency so that the CLIENT can review the origin and nature of each charge.
Dispute, Mitigation, and Negotiation Support. Where a carrier charge appears to have been improperly assessed, Nice will, upon CLIENTS request or on its own initiative, assist CLIENT in disputing or seeking to overturn the charge with the carrier, and will work to mitigate the recurrence of similar charges in future periods. Nice also negotiates with carriers on CLIENTS behalf to reduce the overall impact of rate increases and accessorial fees. CLIENT acknowledges that the outcome of any dispute or negotiation is determined by the carrier and is not guaranteed by Nice, and that Nice's efforts under this subsection do not constitute a waiver of CLIENTS payment obligations.
Client Responsibility for Carrier Charges. Notwithstanding any assistance, dispute, mitigation, or negotiation efforts undertaken by Nice, all carrier charges, accessorial fees, surcharges, and post-shipment adjustments remain the sole responsibility of CLIENT and must be paid by CLIENT in accordance with the invoice and payment terms of this Agreement. A pending dispute with a carrier does not relieve CLIENT of its obligation to pay an invoiced charge within the applicable payment period, subject to any reconciliation of amounts subsequently credited or recovered.
Carrier Liability and Declared Value. Carrier liability for loss of or damage to a shipment is limited to the parcel carrier's published terms of service and limits of liability. Any declared value coverage or supplemental shipping insurance beyond the carrier's standard liability is available at CLIENTS election and at CLIENTS expense, and must be requested by CLIENT in writing.