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MORE THAN JUST A SUPPLIER: A BUSINESS PARTNER!
Please read the following terms and conditions carefully:
OVERSIZE AND HEAVY HAULING TERMS AND CONDITIONS
1. Liability of the carrier: The carrier of the goods described in the bill of lading is liable for the loss or damage of the goods accepted by him or his representative, subject to the following stipulations:
2. Responsibility of the original carrier and the destination carrier: Where successive carriers carry the same cargo, the carrier issuing the bill of lading (hereinafter referred to as the original carrier) and the one who assumes responsibility for delivering the goods to the consignee (so called hereafter the destination carrier) are, in addition to the other responsibilities which they may be liable under this contract, liable for the loss or damage of the goods in the possession of another carrier to which they are or have been delivered and who is not relieved of his responsibilities.
3. Claims with successive carriers: The original carrier or the carrier of destination, as the case may be, is entitled to be reimbursed by any other carrier to whom the goods were or are delivered, the value of the loss or damage he may be called upon to pay because the goods were lost or damaged while in the possession of the other carrier. In the case of interchange between carriers, the settlement of claims for hidden damages will be made in proportion to the revenues received.
4. Recourse of the Shipper and the Consignee: Articles 2 or 3 cannot have the effect of preventing a shipper or consignee from obtaining damages from any carrier.
5. Exceptions: For the goods described in the bill of lading, the carrier is not liable for loss, damage or delay resulting from force majeure or attributable to enemies of the Crown, public enemies, riots strike, defects or imperfections inherent in the goods, an act or default of the shipper, the owner or the consignee, the effects of a law, quarantine or loss in the weight of grains, seeds, or any other commodity due to a natural phenomenon;
6. Delay: No carrier is required to carry on a particular vehicle or to deliver goods on time in a particular market or on other conditions than under the terms of regular shipments, unless agreement on the bill of lading has been ratified by the contracting parties.
7. Carrier routing: Where the carrier physically causes the goods to be transported by a means of transport other than a vehicle registered for carriage for remuneration, his liability shall be the same as if the entire carriage had been carried out by such a vehicle.
8. Stop during transport: When goods are stopped and held in transit, at the request of the person authorized to do so, these goods will be held at the risk of this person.
9. Determination of value: Subject to section 10, the maximum amount that the carrier may be liable for any loss or damage to the goods, whether negligent or not, shall be calculated on the following basis: (a) the value of the goods at the place and at the time of shipment including transportation and other expenses paid, if applicable; or (b) where a value lower than that referred to in paragraph (a) is entered by the shipper on the bill of lading or has been mutually agreed upon, that lower value shall represent the carrier's maximum liability.
10. Maximum Liability: The amount of any loss or damage computed under paragraph a or b of section 9 shall not exceed $ 4.41 the other carrier. In the case of interchange between carriers, the settlement of claims for hidden damages will be made in proportion to the revenues received.
11. Risks sustain by the shipper: If it is agreed that the goods are transported at the shipper's risk, this agreement covers only the risks that are directly related to the transport. The carrier nevertheless remains liable for any loss, damage or delay that may result from negligence or a breach on its part, that of its agents or employees. The carrier must then prove that there was no negligence.
12. Notice of Claim: 1 ° The carrier is only liable for loss, damage or delay to the goods carried which are described in the bill of lading, provided that a written notice specifying the origin of the goods, their destination , the date of shipment and the approximate amount claimed for loss, damage or delay, shall be served on the original carrier or the carrier of destination, within 60 days after the date of delivery of the goods, or cases of non-delivery, within 9 months of the date of shipment. 2 ° The presentation of the final claim accompanied by proof of payment of the transport costs must be submitted to the carrier within 9 months of the date of dispatch.
13. Very valuable items: No carrier is required to carry documents, cash or any other item of great value unless an agreement has been reached to that effect. If such goods are transported without a special agreement and the nature of the goods is not disclosed on the bill of lading, the carrier's liability for loss or damage cannot be incurred beyond the maximum limit established in Article 10.
14. Transport costs: 1 ° If the carrier so requires, transportation costs and all other costs legitimately incurred in respect of the goods must be paid before delivery and if, during the inspection, it is necessary proves that the goods shipped are not those mentioned in the bill of lading, transportation charges must be paid for the goods actually shipped including any other additional charges that are lawfully due. 2 ° The transport costs will be charged, unless the sender gives a contrary opinion on the bill of lading.
15. Dangerous goods: Any person who, directly or indirectly, dispatches explosives or other dangerous goods, without first informing the carrier of the exact nature of the load in the manner prescribed by law or regulation, shall indemnify the carrier for any resulting loss, damage or delay, and these goods may be stored at the expense and risk of the shipper.
16. Undelivered goods: 1 ° If, without fault of the carrier, the goods can not be delivered, the carrier must immediately inform the shipper and the consignee that the delivery has not been made and he must ask for instructions on how to dispose of the property. (2) Pending receipt of instructions on how to dispose of the property, the carrier may: (a) keep it in his warehouse for reasonable storage charges; or (b) provided that he has given notice of his intentions to the shipper, and moves and stores the goods in a public or commercial warehouse at the expense of the shipper, in which case he is no longer responsible for loading, while retaining a lien in exchange for the payment of all legitimate transportation and other costs, including reasonable storage charges.
17. Return of goods: If the carrier has given the notice of non-delivery of the goods in accordance with paragraph 1 of Article 16 and has not received any instructions on how to dispose of them in the 10 days after the date of the notice, he may return to the sender, and at the expense of the sender, all undelivered property for which he has delivered such notice.
18. Amendments: Subject to section 19, any limitation of the carrier's liability and any alterations, additions or deletions on the bill of lading must be signed or initialed by the shipper or his agent, and by the original carrier or his representative, on pain of nullity.
19. Shipping Weight: The shipper is responsible for the accuracy of the declared weights and must enter them on the bill of lading. In cases where the actual weight of the shipper does not coincide with the weight declared on the bill of lading, the carrier will make the necessary corrections.
20. Goods payable on delivery: The carrier must deliver a load payable upon delivery only after the latter has been paid in full. Unless the shipper gives contrary instructions on the bill of lading, the cost of recovery and transfer of the sums paid on delivery shall be collected from the consignee. The carrier must pay the sender or his representative the sums paid on delivery, within 15 days of the date of their recovery. The carrier must separate the amounts paid on delivery from other receipts and funds of his business by keeping them in a separate trust account. The carrier must include in its rate schedule the cost of recovery and transfer of the amounts paid by the consignees.
21. Interest: Our payment terms are 30 days after the billing date. Interest charges at the annual rate of 24% will apply after this prescribed period.
22. Terms of payment accepted:
-Bank transfer (set us up as a personalized provider, online, at your financial institution, please contact us in order to obtain our bank details)
-Direct deposit (by file transfer from your accounting software, please contact us to obtain our bank details)
-Pre-authorized direct debit (your specimen check is required and the direct debit consent form signed)
-Check ($35 fee will be charged for any check returned without sufficient funds (NSF)
-Interac transfer (Question: rental, Answer: machinery)
-Credit - Visa/MasterCard (Signed Credit Card Consent Form is required)
23. Recourse in case of non-payment / Remedies in case of non-payment If the carrier must use the services of a lawyer or any other person for the recovery of the sums due, the latter will be entitled to claim, in addition to legal fees and disbursements, an amount equal to 20% of the sums due penalty.
24. Additional conditions: - Transportation will only be possible on obtaining special traffic permits, if applicable.
- The rate could be changed if the dimensions and / or weight confirmed at the time of the agreement, were different when loading the said transport.
- At all times, loading and unloading areas must be accessible and drivable for the carrier.
- The carrier can not be held responsible for a delay caused by any event of the act of god or out of his control (weather, road accident, etc.)
25. Applicable Laws
This contract and its interpretation are governed by the laws in force in the Province of Quebec and those of Canada that apply to it.
26. Election of domicile
The parties agree that this Agreement is deemed to be made to the carrier appearing herein and agree that any matter, litigation proceeding or mediation in connection therewith shall be subject, to the exclusion of any other court, to any other province or state, at Longueuil District Court, Province of Quebec, Canada.
27. Authorized signatory
The sender acknowledges that the signatory of this contract is a duly authorized by him to sign and commit by him.
28. The shipper agrees that all transportation is subject to the conditions provided for herein.