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Conditions of Contract

General Conditions

The conditions of this contract cannot be altered except in writing by the President of Immediate Delivery and Courier Service Inc. under a separate agreement. No employee, agent, representative, or contractor, of the carrier is empowered to alter this agreement, or waive, or add any provision. This contract represents the complete agreement and no other conditions, either expressed or implied are valid.

The contract for the carriage of the goods listed on the Bill of Lading is covered by the regulations in force in the jurisdiction at the time and place of shipment and subject to the conditions set out in such regulations. In lieu of such regulation, this contract shall be govered by the Public Commercial Vehicles Act. R.S.O. 1980, unless covenants conflicting with the act appear in this agreement, then the conflicting covenants shall take precedence. The carrier does not guarantee any specific performance. No delivery times are guaranteed.

Where a consignee cannot be found at the time of delivery, the carrier is under no obligation to obtain a signature and/or to notify the consignor(s) or consignee(s) if it is delivered, or not delivered.

The carrier is not responsible for any of the customer’s outstanding C.O.D.’s (collection on behalf of the customers) if not reported in writing by the customer within fourteen days of the date of collection or any C.O.D.’s whatsoever that the carrier failed to collect. The carrier cannot be responsible for collecting any portion of any C.O.D. GREATER THAN $300.00. The consignor ships at his own risk, and waives responsibility by the carrier for damages except as outlined below.

Maximum liability is $50.00 for the entire shipment unless additional insurance is carried under a separate insurance agreement as outlined herein. In the event additional cargo insurance is provided, it shall be for the market value of the goods that are damaged during transit and the Bill of Lading shall be the primary instrument and this additional insurance coverage cannot be construed to modify any other exclusions mentioned herein except the aforementioned insurable market value of the goods.

The carrier shall have no liability for any loss or damage, or claim to any party, except to the consignor and/or consignee, and the liability to the consignor/consignee shall be limited to the terms and conditions of the contract.

Receipt and Freight

Received at the point of origin on the date specified, from the consignor mentioned herein, the property herein described in apparent good order, except as noted (content and conditions of contents of package unknown) marked, consigned and destined as indicated herein, which the carrier agrees to carry and to deliver to the consignee at the said destination. If on its own authorized route or otherwise to cause to be carrier by another carrier on the route to said destination, subject to the rates and classification in effect on the date of shipment. It is mutually agreed, as to each carrier to all or any of the goods over all or any portion of the route to destination, and as to each party of any time interested in all or any of the goods, that every service to be performed hereunder shall be subject to all conditions not prohibited by law, whether printed or written.

Partial Invalidity

Each of the conditions of this agreement is dependent and servable and the invalidity of unenforceability of any provisions, or provisions shall not impair in any manner the remainder of the agreement. Failure to enforce any provision(s), irrespective of the number of breaches, shall not abrogate or waive any such provision(s).

Delay, Loss, or Damage

The carrier shall not be liable for any loss, damage, or unreasonable delays, arising from the following sources: (1) acts of God, or public enemies, (2) wars, riots, or insurrection, (3) strikes, (4) authority of law, (5) defect, or inherent vice, in goods shipped, (6) act or default of the consignor or owner of the goods, (7) nuclear reaction, radiation, or radioactive contaminations. The carrier is not responsible for goods improperly wrapped or packed for shipment. Furthermore, flowers, food or any perishable items and any fragile or breakable object contained in a shipment will be carried at the owner’s risk only. The carrier will not accept responsibility for any concealed damage. Any damage must be noted on the Bill of Lading at the time of delivery, otherwise consignee’s signature will constitute a clear receipt. The carrier will not be liable for any damage unless it is notified at its office within two of the carrier’s working days after the day of delivery, and written notice is received at the carrier’s head office within two weeks after the shipment was received by the carrier for delivery, in the case of failure to make delivery, the carrier must receive written notice within thirty days from date of shipment. The final statement of the claim for undelivered goods must be filed within thirty days from date of shipment together with a copy of the paid freight bill.

Accounting

All freight charges are prepaid unless otherwise indicated. Net fourteen days from date of statement. Past due accounts are subject to a service charge per month, according to the carrier’s rates presently in effect. Any discrepancy must be reported within thirty days of statement date or no adjustment can be considered. All return freight charges for undelivered shipments or for shipments refused by the consignee shall be the responsibility of the consignor.

Any collect charges that are unpaid after 80 days shall become the charges of the consignor, or the consignee, along with any accrued charges.
PORTIONS OF THE ABOVE ARE COPYWRITTEN.


 

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