Terms & Conditions
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Responsibility for payment of transportation charges
Freight and transport costs and their payments are the responsibility of the consignee listed on the bill of lading.
In order for the freight, transportation charges and their payments to be the responsibility of the shipper, the shipper shall, upon issuance of the bill of lading, indicate on the bill of lading *charges prepaid* (prepaid).
When a shipper or consignee entrusts a shipment to a transport intermediary (load broker, as described by the Commission des transports du Québechttp://www.ctq.gouv.qc.ca/intermediaires_en_services_de_transport.html), the organization of transport, the responsible party for paying the freight and transportation costs under the bill of lading, remains and will remain jointly and solely responsible for paying the freight and transportation costs with the intermediary implicated in the transaction. When a shipper or consignee entrusts a shipment to a transport intermediary (load broker, as described by the Commission des transports du Québec), the organization of transport, the responsible party for paying the freight and transportation costs under the bill of lading, remains and will remain jointly and solely responsible for paying the freight and transportation costs with the intermediary implicated in the transaction. If the intermediary fails to make payment on delivery, for various reasons such as bankruptcy, closure, lack of funds or other things, the responsible for the payment, the shipper or consignee, whichever the case, must pay the carrier ( Mexuscan Cargo, Transport Magog Express (1982), Urgel Charette Transport, Transport CPM, and Rediker) on demand, even if the freight and transport costs have already been paid to one or more intermediaries for services provided by the carrier.
The parties on the bill of lading agree to be informed by the present that an intermediary who provides transport services is not a carrier and that section 2035 of the Civil Code of Quebec does not apply.
Cargo Liability & Waiting Time
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, Transport Magog Express (1982), Transport Urgel Charette, CPM Transport, and Rediker) as follows ;
Limited liability tardiness or delays
In the event of tardiness or delay, at the time of pick-up or delivery, attributable solely to the carrier, the carrier’s liability will be a maximum of $100 per shipment.
Limited liability damage or loss
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 labelling, improper palletizing, improper handling instructions, improper description)
- Defect or inherent vice of the commodity
- Natural shrinkage
Waiting Time
Waiting time allowable at pick-up and/or delivery:
LTL shipments (less than 4,999 lb) – 30 minutes
Shipments of 5,000 lb or more – 1 hour
Time exceeding the allowable period will be charged at the current hourly rate
