Shipping Method Letter

Shipping Method Letter

Parties and Effective Date

Effective Date:

WHEREAS

WHEREAS, Shipper Name: is engaged in the sale and distribution of goods and requires transportation services to deliver cargo to Consignee; and

WHEREAS, Consignee Name: will accept delivery under the terms set forth in this Shipping Method Letter and will perform payment or cost-reimbursement obligations as specified below; and

WHEREAS, the parties desire to establish a written record of the selected shipping method, responsibilities, allocation of costs, insurance and handling instructions applicable to the shipment(s) identified in the Scope of Work below.

Shipping Method and Instructions

Selected Shipping Method (check all that apply):
Air Ocean/Sea Ground/Truck Courier/Express Other:

Packaging and Handling Requirements:

Temperature Control Required: Yes No

Hazardous Materials: Yes No If yes, provide UN/NA numbers and handling instructions:

Scope of Work

Payment Terms

Total Shipping Charges Payable by Consignee: $

Payment Schedule:

Late Payment Fee: . The parties agree that late charges accrue from the due date and shall be collectible as liquidated damages and not as a penalty.

Carrier Selection, Insurance and Risk of Loss

Carrier Selection: Unless the parties designate a named carrier below, Shipper retains the right to select the carrier consistent with the chosen shipping method. If Consignee requires a specific carrier, list here:

Insurance: Shipper to procure insurance Consignee to procure insurance Amount to be insured (if applicable): $

Risk of Loss: Except as otherwise expressly provided herein, risk of loss or damage to the goods shall pass in accordance with the parties' agreed delivery term:

Delivery Schedule

Estimated Date of Shipment:    Estimated Date of Arrival:

Term and Termination

Term: This Shipping Method Letter commences on the Effective Date and continues until completion of the services described in the Scope of Work or until terminated in accordance with this section. Start Date: End Date:

Termination: Either party may terminate this Shipping Method Letter for convenience upon days' prior written notice to the other party. Termination for cause may be effected immediately if the non‑terminating party materially breaches its obligations and fails to cure within days after written notice.

Confidentiality

Each party shall hold in confidence and shall not disclose to any third party any non-public business, technical or financial information disclosed by the other party in connection with this Shipping Method Letter. The duty of confidentiality shall remain in effect for a period of years from the Effective Date, except information that (i) is or becomes publicly known other than by breach of this provision, (ii) is rightfully received from a third party without obligation of confidentiality, or (iii) is required to be disclosed by law or valid legal process.

Representations and Warranties; Indemnity

Each party represents that it has authority to enter into this Shipping Method Letter and that the information provided to the other party regarding the shipment is accurate. Consignee shall indemnify and hold harmless Shipper and its agents from and against claims, liabilities and expenses arising out of Consignee's failure to pay agreed amounts or failure to provide accurate shipment information. Shipper shall indemnify and hold harmless Consignee for losses directly resulting from Shipper's gross negligence in selecting carriers when required to do so under this Letter.

Governing Law; Entire Agreement

Governing Law: This Shipping Method Letter shall be governed by and construed in accordance with the laws chosen by the parties: without regard to its conflict of law principles.

Entire Agreement: This instrument constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior and contemporaneous agreements, understandings and representations, whether written or oral, concerning such subject matter. Any amendment must be in writing and signed by an authorized representative of each party.

Notices

Notices shall be sent to the addresses set forth above and shall be effective upon personal delivery, confirmed electronic transmission, or three business days after deposit with a nationally recognized overnight courier.

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