(1) Acceptance by Norfolk Southern of a tender of a shipment by Shipper does not constitute the extension of credit by NS to Shipper or to party responsible for payment of NS freight charges ("Payor"). Credit shall only be extended through the NS Credit Department. If NS extends credit, it is granted as a convenience to the Shipper or Payor and may be revoked at any time for any shipment (including those in transit) without notice by NS. In the event of a revocation of credit affecting cars in transit, Shipper or Payor must either pay all charges for the cars in transit or make satisfactory provisions for payment before NS will deliver the cars. Shippers or Payors must report changes in ownership or financial condition which could materially affect their financial standing to NS' Credit Department.
(2) Payment on Shipper's or Payor's credit account must be received by NS within fifteen (15) days of the date of the freight bill or invoice.
(3) Shippers or Payors without credit must pay transportation charges to NS in cash in advance of the shipment.
(4) In the event the Shipper or Payor disputes a bill, Shipper or Payor shall pay NS the undisputed amount of the bill within the credit period. Shipper or Payor shall also notify NS of the disputed amount and the basis for the dispute within the credit period. Payment of bills, or any portion thereof, by Shipper or Payor which NS later determines to be incorrect will not affect Shipper's or Payor's right to seek a refund within the statutory period.
(5) NS shall have the right to recover from Shipper or Payor all reasonable costs of collection, including but not limited to reasonable attorneys' fees, in the event of any violation of NS credit terms.
(6) With regard to collection of bills of lading, the existence of the Payor does not relieve the Shipper and Consignee of responsibility for the payment of freight and other charges as established by Conditions of Carriage and law unless otherwise expressly stated in a written agreement. The foregoing shall not affect the Shipper's right to secure non-recourse pursuant to Section 7 of the bill of lading. With regard to prepaid bills of lading, the existence of the Payor does not relieve the Shipper of responsibility for the payment of freight and other charges as established by Conditions of Carriage and law unless otherwise expressly stated in a written agreement.
(7) NS assesses a finance charge of one percent (1%) per month (twelve percent (12%) per annum) against unpaid linehaul freight bills beyond credit terms. Finance charges are calculated using a daily rate of .0329% (12% / 365 days), which will be applied to unpaid linehaul freight bills that are not paid within the governing credit period. The finance charge accrues daily until NS receives payment.