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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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