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Terms of Service
General terms and conditions
The carrier agrees to transport the property described herein is subject to the terms and conditions prescribed by the Public Commercial Vehicles Act and Regulations of the province of origin, except as herein after provided and in accordance with the rules thereof accepts this receipt. By accepting this delivery, both the consignee and consignor hereby agree to be liable jointly and severable for the delivery charge to the carrier. Payment in full must be made within 15 days from the date of the invoice; all overdue accounts will be charged at a rate of 2% monthly.
BILL OF LADING
A Bill of Lading shall always be completed s provided herein for each shipment. On each article covered by the Bill of Lading, there shall be plainly marked and signed by the consignor, the name of the consignee and the destination. If the service level type is not clearly marked on the face of the Bill of Lading / Waybill “REGULAR” delivery date will be applied.
SERVICE LEVEL terms
All service levels provided on the face of this Bill of Lading / Waybill are not guaranteed and are subject to change due to unforeseen conditions.
The carrier shall not deliver a C.O.D. shipment unless payment is received in full. The charge for collection and remitting the amount of C.O.D. bills for C.O.D. shipment; is the responsibility of the party paying the freight charges. The carrier will not be responsible for the validity of form of payment.
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 the delivery of a shipment, regardless of the cause of such delay.
DECLARED VALUE OF SHIPMENTS AND MAXIMUM LIABILITY
The amount of any loss or damage shall not exceed $2.00 per pound or $4.41 per kilogram (computed on the total weight of the shipment).
Maximum liability for any loss or damage shall not exceed double the freight charge(s) unless:
a) The shipper and carrier specifically agree otherwise in writing and the or class of shipper is named on the carriers cargo insurance policy; or
b) A higher value declared on the face of the Bill of Lading by the consignor. And additional transportation charge of 2% 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 $500.00, unless agreed prior in writing by the carrier.
EXCEPTIONS FROM LIABILITY
The carrier shall not be liable for loss, damage or delay to any of the goods described in the Bill of Lading caused by an act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor, owner or consignee, authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural shrinkage.
RECOVERY FROM CONNECTING CARRIER
The originating carrier or the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are or have been delivered the amount of the loss or damage that the originating carrier or delivering carrier, as the case may be, may be required to pay hereunder resulting from loss of or damage to the goods while there were in the custody of such carrier. When shipments are interlined between carriers, settlement of concealed damage claims shall be prorated on the basis of revenues received.
NOTICE OF CLAIM (Loss or Damage)
– No carrier is liable for loss, damage or delay to goods carried under the Bill of Lading unless notice hereof setting out particulars of the origin, destination and date of shipment of goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or delivering carrier within thirty (30) days after delivering goods, or in the case of failure to make delivery, within nine (9) months from date of shipment.
– The final statement of the claim must be submitted within nine (9) months from the date of the shipment together with a copy of the paid freight bill.
STOPPAGE IN TRANSIT
Where goods are stopped and held in transit at the request of the party entitled to so request, the goods are held at the risk of the party.
ROUTING BY CARRIER
In case of physical necessity where the carrier forwards the goods by a conveyance that is not a licensed for-hire vehicle, the liability of the carrier is the same as though the entire carriage were license for-hire vehicle.
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 thereby, and such goods maybe warehoused at the consignors risk and expense, Trans-Ontario Express will not handle any dangerous goods classified as Explosives (1.1, 1.2, 1.3, 1.4, 1.5, 1.6), Flammable Gases (2.1), Toxic Gases (2.3), Substances which, in contact with water, emit flammable gases (4.3), Infectious Substances (6.2), Radio Active Material (7).
It shall be the responsibility of the consignor to show correct shipping weights of the shipment on the Bill of Lading. Where the actual or cubed weight of the shipment does not agree with the weight shown on the Bill of Lading, the weight shown hereon is subject to correction by the carrier.
SHIPPERS LOAD COUNT (SLC)
Shippers load count is the reference shown when goods are loaded in a transport unit by shipper and carrier has no opportunity to confirm piece count, the carrier would only be liable for skid or pallet count.
The loading of goods for shipment is the responsibility of the shipper, the procedure should reflect the product and packaging used and it should be executed in a manner that facilitates unloading at destination.
Trans Ontario Express
2215 Markham Rd
Scarborough, ON L6B 0E9
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