The shipper, forwarder, the broker or any other interested party to the contract of transport, bills of lading or other forms of agreement or transport order acknowledges the carrier’s liability (Mexuscan Cargo, Magog Express Transport (1982), Emslie Transport, Urgel Charette Transport, RPR Transport, Express Venise, Livrabec, and Antonio Goyette Transport) as follows:
Limit of Liability
In the event of damage, loss, direct or indirect to the goods or cause related to the carrier’s responsibility, our responsibility as the carrier is limited to $ 2.00 CDN per pound or $ 4.41 CDN per kg weight of object (s) lost or damaged, regardless of the total weight of the shipment.
Unless otherwise agreed in a separate written agreement, anyone who entrusts us with one or more shipments accepts our liability as limited as described here above. In the event that the parties would have agreed to a liability other than the one mentioned above, by virtue of a declared value, a surcharge to the amount equivalent to 4% of the declared value would apply to the transportation cost.
Carriers are not liable for loss or damage caused by:
● Force major as defined by section 1470 of the Quebec Civil Code, included but not restricted, to robbery according to section 343 of the Criminal Code of Canada
● Act of God (i.e. Tornado, flood, earthquake, etc)
● Public enemy
● Authority of law
● Act or default of shipper (i.e. improper packaging, improper labeling, improper palletizing, improper handling instructions, improper description)
● Defect or inherent vice of the commodity
● Natural shrinkage
60 day time limit for filing claims
If your freight has been received with shortage or damages, you have 60 days to notify us of your claim. This notification must be in writing. An inspection report or a notification on the proof of delivery does not constitute a notice of claim. Failure to give such a notice renders the claim inadmissible. Claims for non delivery must be filed 9 months within the shipping date.
Submitting a claim
When submitting a claim, please ensure the following documents and information are included;
● Freight bill number
● Copy of original bill of lading and/or proof of delivery
● Dollar amount being claimed
● Copy of inspection report explaining loss and/or damage
● Copy of the original invoice – this is the original invoice issued to the consignee or third party for the merchandise shipped confirming the value of the goods at the time of shipping.
Retain damaged goods
All damaged goods should be retained at the consignee or at the shipper until the claim is settled. A salvage value credit should be applied against the claim.
In the event the carrier agrees to inspect the goods which have been damaged in transit, such an inspection does not constitute an admission of liability, nor an enunciation to the filing of the notice of claim in accordance to the rules set fort herein in that regard.