1. Liability of Carrier
The carrier of the goods is liable for any loss of or damage to goods accepted by the carrier, or the carrier’s agent, except as hereinafter provided.
2. Liability of Originating and Delivering Carriers
Where a shipment is accepted for carriage by more than one carrier, the carrier who issues the bill of lading (hereinafter called the originating carrier) and the carrier who assumes responsibility for delivery to the consignee (hereinafter called the delivering carrier), in addition to any other liability hereunder, are liable for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are delivered and from which liability the other carrier is not relieved.
3. Recovery from Connecting Carriers
(a) The originating carrier or the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are delivered the amount that the originating carrier or delivering carrier, as the case may be, is required to pay for the loss of or damage to the goods while they were in the custody of such other carrier.
(b) If there is a concealed damage settlement and the goods were interlined between carriers so that it is not clear as to who had custody of the goods when they were damaged, the originating carrier or delivering carrier, as the case may be, is entitled to recover from each of the interlined carriers an amount prorated on the basis of each carrier’s revenue for carriage of the damaged goods.
4. Remedy by Consignor or Consignee
Nothing in Article 2 or 3 deprives a consignor or consignee of any rights the consignor or consignee may have against any carrier.
5. Force Majeure
Consignor shall not be liable for additional transportation or other costs incurred by the carrier because of either (i) any failure by carrier to perform under these terms and conditions, or (ii) if the carrier incurs additional costs from causes beyond the control and without the fault or negligence of the carrier. Examples of these causes are (a) acts of God or of the public enemy, (b) acts of the Government in its sovereign or contractual capacity, (c) fires, (d) floods, (e) epidemics, (f) quarantine restrictions, (g) strikes, (h) freight embargoes and (i) unusually severe weather.
A carrier is bound to carry goods in time for any particular market and with due dispatch, unless by agreement that is specifically endorsed on the bill of lading and signed by the parties.
7. Routing by Carrier
If the carrier forwards the goods by any other conveyance, the liability of the carrier is the same as though the entire carriage were by the carrier.
The amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence, shall be no less than ten dollars ($10.00) per pound, per article, computed on the total weight of that portion of the shipment that is lost or damaged.
9. Declared Value
If the consignor declares a value for the goods on the face of the bill of lading, the amount of any loss or damage, for which the carrier is liable, shall be at, or will not exceed the declared value, or actual loss of the part of the shipment that is lost or damaged.
10. Notice of Claim
(a) Claims for loss or damage must be filed with the delivering carrier within nine months after the delivery of the property (or, in the case of export traffic, within nine months after delivery at the port of export), except that claims for failure to make delivery must be filed within nine months after a reasonable time for delivery has elapsed.
(b) Suits for loss, damage, injury, or delay shall be instituted against any carrier no later than two years and one day from the day when written notice is given by the carrier to the claimant that the carrier has disallowed the claim or any part or parts of the claim specified in the notice.
11. Articles of Extraordinary Value
(a) No carrier is bound to carry any documents or articles of extraordinary value unless by a special agreement to do so.
(b) If such goods are carried without a special agreement, and the nature of the goods is not disclosed on the bill of lading, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in Article 8.
12. Freight Charges
(a) Freight and all other lawful and agreed to charges shall be paid within sixty days after invoice date.
(b)Only the charges, and freight rating provisions mutually agreed upon by the carrier and consignor, shall be applicable.
(c) If upon inspection it is ascertained that the goods shipped are not those described in the bill of lading, the freight charges must be paid upon the goods actually shipped with any additional charges lawfully payable thereon.
(d) If a consignor does not indicate that a shipment is to move prepaid, or does not indicate how the shipment is to move, it will automatically move on a collect basis with no recourse for payment of freight or other lawful charges against the consignor or any other third party.
13. Undeliverable Goods
(a) If the consignee refuses the shipment tendered for delivery by carrier, or if carrier is unable to deliver the shipment, carrier shall promptly provide notice by telephonic or electronic communication to consignor and consignee, and if, through no fault of the carrier, the goods cannot be delivered, the carrier shall immediately give notice to the consignor and consignee that delivery cannot be made and shall request disposal instructions.
(b). Pending receipt of instructions, the carrier is to hold the shipment at their facility closest to the delivery point for seven calendar days, at no cost to the consignor or consignee, pending instructions from the consignor or consignee.
(c) If after seven calendar days the consignor or consignee has not provided instructions, the carrier may continue to store the goods and charge storage charges based on the carrier’s tariff, provided however, the carrier had notified, in writing, the consignor, and the consignor acknowledged receipt of the notification.
(d) If after fifteen days no instructions are given to the carrier, the carrier will no longer store the shipment but will arrange delivery of shipment back to the origin point, under Less than Truckload terms, at the carrier’s standard delivery transit times, at the rates mutually agreed between the carrier and consignor. No storage charges will be assessed by the carrier, or paid by the consignor, after fifteen days.
Subject to Article 15, to be effective, any limitation on the carrier’s liability on the bill of lading, and any alteration to the bill of lading shall be signed or initialed by the consignor and the originating carrier or their agents.
(a) It shall be the responsibility of the consignor to show correct shipping weights of the shipment on the bill of lading.
(b) If the actual weight of the shipment does not agree with the weight shown on the bill of lading, the weight shown on the bill of lading may be corrected by the carrier to reflect the actual weight of the shipment.
16. C.O.D. Shipments
(a) A carrier shall not deliver a C.O.D. shipment unless payment is received in full, including, but not limited to, the carrier’s C.O.D. fee.
(b) The charge for collecting and remitting the amount of C.O.D. shipment must be collected from the consignee unless the consignor has instructed otherwise on the bill of lading.
(c) A carrier shall remit all C.O.D. moneys to the consignor, or person designated by the consignor, within fifteen days after collection.
(d) A carrier shall keep all C.O.D moneys in a trust fund or account separate from its other revenues and funds of the carrier’s business.
(e) The consignor is not liable for the carriers C.O.D. fee
(f) In the event the carrier fails to remit to the consignor the C.O.D. within fifteen days after collection, or fails to collect the C.O.D. the consignor, in addition to its other options, may deduct the C.O.D. amount, in full, from any funds due the carrier.
17. Collect Shipments
The consignee shall be liable for the freight and other lawful charges accruing on collect shipments, as billed or corrected. Collect shipments will move without recourse to consignor or any other third party.
18. Property carried by water
If all or any part of said property is carried by water over any part of said route, such water carriage shall be performed subject to the terms and provisions and limitations of liability specified by the “Carriage of Goods By Sea Act” and any other pertinent laws applicable to water carriers.
19. Exceptions to the Bill of Lading
No individual piece count exceptions are to be indicated on the Bill of Lading. The carrier’s representative is to physically count and sign for each box or package, not pallets or skids, for each shipment that is tendered for transportation. No exceptions to the piece count is acceptable such as “said to contain”, “shipper load and count” or other any other exception. If packages are shrink wrapped to a pallet, the carriers' representative is to count and sign for each piece on that pallet. consignor will unwrap the pallet(s) to enable the carrier’s representative to count each piece on the pallet(s) and consignor will then rewrap the pallet(s).
20. Breakdown of Pallets
The carrier is not to breakdown any pallets tendered to the carrier for transportation. In the event a pallet is found to be broken down a penalty of $200.00 per pallet will be assessed against the carrier by debiting any money owned to the carrier by the consignor, and the freight charges will not be paid on that individual shipment. Pallet breakdown is understood to mean that when boxes or shipping devises are tendered to a carrier for transportation, and are stacked or placed on a pallet, and those boxes or devises are then shrink wrapped onto the pallet, the shrink-wrap is not to be removed by the carrier unless requested by a governmental agency or authority.
21. Compliance with Laws
Carrier shall comply with all applicable statutes and government rules, regulations and orders, including those pertaining to Export Controls.
22. Governing Law
The Bill of Lading shall be governed by and construed in accordance with the laws of the province of Ontario. No consideration shall be given to Ontario’s conflict of laws rules.
23. Government Clauses
Government clauses applicable to the Bill of Lading are incorporated herein.
24. English Chosen
The parties acknowledge that they have required that the present Agreement, as well as all documents, notices and legal proceedings entered into, given or instituted pursuant hereto, or relating directly or indirectly hereto, be drawn up in English; les parties reconnaissent avoir exigé la rédaction en anglais de la présente convention, ainsi que de tout document exécuté, avis donné et poursuite judiciaire entreprise, directement ou indirectement, à la suite ou relativement à la présente convention.