Terms and conditions

TERMS AND CONDITIONS

The carrier agrees to transport the property described herein subject to the terms and conditions prescribed by the Public Commercial Vehicle Act, and in Quebec by the Civil Code, except as hereafter provided and in accordance with the rules and regulations published in the carrier’s Tarif of tolls in effect on the date hereof to which the shipper assents and as evidence thereof accepts this receipt. No submissions accepted.

DELAY

Unless the parties agree otherwise in writing, the carrier shall not be liable for any special consequential or other damages caused by mere delay in delivery of a shipment, regardless of the cause of such delay.

LIMITS OF LIABILITY

Carrier shall not be liable for any loss, damage, destruction or unreasonable delays arising from the following causes:

1. Acts of God, the Queen’s or public enemies;

2. Riots;

3. Strikes;

4. Authority of Laws;

5. Defect or inherent vice in the goods shipped;

6. Act of default of the shipper or owner of the goods;

7. Nuclear reaction, radiation or radioactive contamination;

DECLARED VALUE OF SHIPMENT

Carrier’s liability for any loss, or injury to a shipment shall not exceed the lesser of $4.41/Kg ($2.00/pound) or $50.00 unless:

  • The shipper and carrier specifically agree otherwise in writing.
  • A higher value is declared on the face of the bill of lading by the consigner, and an additional transportation charge of $3.00 per $100.00 (or fraction thereof) of such higher declared value is paid to the carrier. The carrier shall not be required to accept any shipment with a declared value in excess of $1000.00, which shall be the maximum insurable value in any case.

NOTICE OF LOSS OR DAMAGE

Notice of loss or damage must be given to the carrier at its head office within twenty-four (24) hours after such a loss or damage becomes known, and in writing within thirty (30) days after the shipment is accepted by carrier.

SPECIAL AGREEMENT

The parties agree that notwithstanding any disclosure of nature of value of the goods, the amount of any loss or damage, including consequential, incidental or indirect damages, loss of earnings or profits, resulting from the loss of or damage to the goods and/or misdelivery, failure to delivery or delay of the goods, shall not exceed the maximum liability of the carrier aforesaid.

DANGEROUS GOODS

No person shall ship with this carrier Dangerous Goods by Ground unless all applicable safety requirements and standards as prescribed by the Transportation of Dangerous Goods Act and Regulation have been complied with and without limitation, all containers and packaging shall display all applicable safety marks, or any goods which require of the carrier special containers or equipment. Special Shipping instruction for any Dangerous Goods must be visibly marked on the outside of container. If any Dangerous Goods are shipped, the carrier shall have no liability or obligation whatsoever to the shipper, consignee, owner or any third party who shall indemnify and hold harmless the carrier from all costs, losses and damages of whatsoever kind of nature arising for the shipment of Dangerous Goods.

INDEMNITY

You should indemnity us and hold us harmless against all liabilities, losses, claims, damages, costs and expenses of any nature whatsoever incurred as a consequence of your non-observance of any regulation of whatever nature which you are required to observe with regard to or in connection with the carriage of the goods under this waybill.

ENTIRE AGREEMENT

Subject to any applicable legislation, incorporated herein by reference the ¨Bill of Lading/Waybill¨ constitutes the entire agreement between the parties and no agent, employee or other representative of the carrier has authority to alter, modify or waive any provision of this agreement.

PARTIAL INVALIDITY

Any provision or part thereof in the ¨Bill of Lading/Waybill¨ which is held to be invalid shall not invalidate the remainder of the provision or other provisions of the ¨Bill of Lading/Waybill¨.