7. Compensation. Broker shall pay Carrier for services rendered in an amount equal to the rates and accessorial charges agreed to on the Rate Confirmation or other signed writing. Carrier must submit proof of delivery with invoices to Broker as agent for the shipper. Payment terms shall be thirty (30) days from receipt of necessary supporting documentation.
8. Payment of Invoices. Carrier agrees that Broker is the sole party responsible for payment of Carrier's invoices and that, under no circumstances, will Carrier seek payment from the shipper or consignee.
Carrier hereby acknowledges and agrees that it is at Broker's sole and exclusive discretion to withhold payment in full or any portion thereof due to Carrier, if Carrier fails to meet or strictly abide by the terms and conditions of this Agreement or any Rate Confirmation. Events under which Broker may withhold full or partial payment to Carrier include, but are not limited to, missed or delayed pick-up appointments or delivery dates, failure to comply with shipping instructions, failure to provide proof of delivery, failure to provide a clear and legible bill of lading, failure to provide receipts for any lumper or unloading fees, or shipments where there is a cargo loss or damage claim, a breach of the Re-Brokering or Non-solicitation provisions. Carrier acknowledges and agrees that its failure to pick up a load that it agreed to accept does not relieve Carrier from liability as defined herein. Any claim for nonpayment, underpayment, or undercharges must be presented to Broker within one hundred eighty (180) days from the date the freight was delivered. Carrier hereby waives any rights it has to payment for freight charges arising under this Agreement, should Carrier fail to present Broker with an invoice or written request for payment within one hundred eighty (180) days from the date the freight was delivered. Carrier must bring a civil action to recover charges for transportation services provided by Carrier within eighteen (18) months from date of shipment. Broker must present all overcharge claims to Carrier within one hundred and eighty (180) days from the date Broker receives Carrier's Freight Bill, except that claims for unidentified or duplicate payments may be presented at any time. Broker must bring a civil action to recover overcharges, unidentified payments, or duplicate payments within eighteen (18) months from the date Broker receives a written declination of its
9. Insurance Evidence. Carrier agrees to obtain any insurance coverages required by any government body for the types of transportation and related services specified in Rate Confirmations received from Broker. All insurance required by this Agreement must be written by an insurance company having a Best's rating of "B+" or better and must be authorized to do business under the laws of the state(s) or province(s) in which Carrier provides the transportation and related services as specified in Rate Confirmations received from Broker. Carrier's insurance shall be primary and required to respond and pay prior to any other available coverage. Carrier agrees that Carrier, Carrier's insurer(s), and anyone claiming by, through or under Carrier shall have no claim, right of action, or right of subrogation against Broker, Broker's affiliates, or Broker's Customer based on any loss or liability insured under the insurance stipulated herein. Carrier represents and warrants that it will continuously fulfill the requirements of this Section throughout the duration ofthis Agreement.
Broker shall be notified in writing by Carrier's insurance company at least thirty (30) days prior to the cancellation, change or non-renewal of the submitted insurance policies. Carrier shall at all times during the term of this agreement have and maintain in full force and effect, at its expense, (i) Broad Form Motor Truck Cargo insurance or a superior equivalent, with limits of not less than US$100,000 per shipment, a deductible no greater than US$10,000 per shipment and at least the same coverage limit and deductible per shipment while in storage or at a storage facility enroute to the consignee, (ii) Commercial Automobile Liability insurance with a combined single limit of not less than US$1,000,000 per occurrence and without aggregate limits, for all owned and/or contracted vehicles (iii) Commercial General Liability insurance with a limit of not less than US$1,000,000 per occurrence, (iv) Workers' Compensation insurance in the amounts required by statute, and Employer's Liability insurance with limits not less than JS$500,000 per occurrence,