TERMS & CONDITIONS

Definitions

Carrier: The party responsible for the transportation of goods from the consignor to the consignee as per the terms of this contract.
Consignor: The party who ships or delivers goods to the carrier for transportation.
Consignee: The party to whom the goods are to be delivered as specified in the Bill of Lading.
Bill of Lading: The document issued by the carrier that outlines the details of the goods being transported, including origin, destination, and terms of carriage.
Dangerous Goods: Items or substances that pose a risk to health, safety, property, or the environment during transportation and are classified as such by law.
Contract of Carriage: The legally binding agreement between the carrier and the consignor for the transportation of goods as outlined in the Bill of Lading.

1. UNIFORM TERMS OF CARRIAGE TO APPLY This contract for carriage of goods includes all uniform terms of carriage enacted for the carriage of general freight pursuant to any statute, regulation or by any lawful authority, which is in force and effect in the jurisdiction of origin of this contract at the time of shipment.

2. NOTICE OF CLAIM (1) No carrier is liable for loss, damage or delay to any goods carried under the Bill of Lading unless notice thereof setting out the particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or to the delivering carrier within Sixty (60) days after delivery of the goods, or in the case of failure to make delivery, within Nine (9) months of the date of shipment. (2) The final statement of claim must be filed within Nine (9) months from the date of shipment together with a copy of the paid freight bill.

3. RECEIPT OF GOODS The carrier acknowledges receipt of the goods itemized on the face of the within Bill of Lading by the consignor in apparent good order and condition.

4. CONSIGNOR’S WARRANTIES AS TO PREPARATION OF SHIPMENT The consignor warrants to the carrier: (1) The cartons, containers and goods have been marked to identify the consignee, the consignee’s address, number of pieces and any delivery instructions and that such markings are consistent with the markings and instructions of this Bill of Lading. (2) The goods have been properly packaged and prepared to withstand those risks of damage necessarily incidental to transportation. (3) If these goods are dangerous goods, the goods and this bill of lading have been prepared to comply with all federal and provincial laws and regulations applicable to the transportation of dangerous goods.

5. LIMITATION OF LIABILITY (1) Unless the consignor has declared a value of the goods on the face of the Bill of Lading, the amount of any loss or damage for which the carrier is liable, whether or not such loss or damage results from negligence, shall be the lesser of: a) the value of the goods at the place and time of shipment, including freight and other charges if paid, and b) $4.41 per kilogram computed on the total weight of the shipment. (2) The parties agree that the carrier cannot reasonably be aware of the consequences of and the costs accruing to the consignor, consignee, owner or any other party in the event of the loss of use of the goods due to the late, delayed or non-delivery of the goods, or the whole or partial loss or destruction of all or any part of the goods however caused. Accordingly, the carrier is not liable for the indirect, consequential or incidental loss occurring to any party because of late, delayed or non-delivery of, loss of or damage to the goods. (3) If the consignor has declared a value of the goods on the face of the contract of carriage, the amount of any loss or damage for which the carrier is liable shall not exceed the declared value.

6. EXCEPTIONS FROM LIABILITY The carrier shall not be liable for loss, damage or delay to any of the goods described in the contract of carriage caused by an act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, an act or default of the consignor, owner or consignee, authority of law, quarantine or difference in weights of commodities caused by natural shrinkage.

7. DELAY No carrier is bound to carry goods by any particular public truck or in time for any particular market or otherwise than with due dispatch, unless by agreement that is specifically endorsed in the contract of carriage and signed by the parties.

8. DANGEROUS GOODS Every person, whether as principal or agent, shipping dangerous goods without previous full disclosure to the carrier as required by law shall indemnify the carrier against all loss, damage or delay caused by the failure to disclose, and such goods may be warehoused at the consignor’s sole risk andexpense.

9. L IABILITY FOR PAYMENT Regardless of any instructions provided for the payment of freight charges, the consignor shall, in the event the carrier is unable to collect in accordance with those instructions, be responsible for all freight charges together with all costs incurred as a result of inability to collect transportation charges in accordance with the consignor’s instructions.

10. L ANGUAGE The parties hereby confirm their express wish that this contract and all related documents be prepared in the English language only. Les parties reconnaissent avoir exigé que le présente contrat et tous les documents connexes soient rédigés en anglais seulement.

11. ENTIRE CONTRACT The uniform terms of carriage and conditions herein form the entire contract between the parties, which shall not be modified without the written consent of both parties.