The amount of any loss or damage for
which the carrier may be liable, shall not exceed $4.41 per kilogram
(or $2.00 per pound) computed on the total weight of the shipment
unless a higher value is declared on the face of the manifest by
the consignor, and it is further agreed as a special agreement and
not withstanding any disclosure of the nature of extraordinary value
of the goods, the amount of any loss or damage including loss of
earnings or profits in any manner resulting, whether or not from
negligence or gross negligence, from loss of or damage to the goods
and/or mis-delivery, failure to deliver or delay in delivery of
the goods for which carrier may be liable to the consignor, owner
consignee and/or any third party whether in contract tort or otherwise
shall in no event exceed (I) in the case of fundamental breach by
carrier the greater of an amount equal to carrier’s maximum
liability aforesaid and the amount of all freight and other charges
paid hereunder, and (II) in any other case, an amount equal to carrier’s
maximum liability aforesaid.
The carrier shall not be liable for
an amount greater than the carrier’s maximum liability aforesaid
arising out of a contract for the damage of any tender, contract
or other document or package whatsoever whether or not the carrier
or any of its agents, servants or representatives has any special
or other knowledge (I) of the contents of any document or package,
and/or (II) of the importance of delivery or importance of the date
and/or time of delivery. No agent, servant or representative of
the carrier has authority to alter, modify or waive this provision.
The carrier shall not be required to
accept any shipment with declared value in excess of $500.00 unless
agreed to prior in writing by the carrier.
The carrier shall not be liable for
any loss, damage, destruction or delay arising from causes not within
the carrier’s control including without limitation: acts of
God, the queen’s or public enemies, riots, strikes, authority
of law, defect or inherent vice in the goods shipped; act or default
of the shipper or owner of the goods, or nuclear reaction, radiation
or radio active contamination
Carrier shall not be liable for any
loss, damage, delay or failure to perform for goods that are prohibited,
restricted or required to be carried in special containers by CTC,
IATA, or otherwise unless shipper fully discloses nature of dangerous
goods and same have been properly contained. Shipper agrees to identify
carrier for all costs and damages caused by its failure to disclose
and/or properly contain dangerous goods.
RECEIPT OF 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 (contents
and conditions of contents of package unknown) marked, consigned
and destined as indicated herein, which the carrier agrees to carry
and deliver to the consignee at the said destination. If on its
authorized route or otherwise to cause to be carried 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
of 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 the conditions not prohibited by law whether
printed or written, including conditions on back hereof which are
hereby agreed by the consignor and accepted for himself and his
NOTICE OF CLAIM
Any damage or loss must be noted on
the bill of lading at time of delivery, otherwise consignee’s
signature will constitute a clear receipt. Notice of loss, damage
or delay must be given to the carrier at its head office within
twenty four (24) hours after such loss, damage or delay become known.
No carrier is liable for loss, damage
or delay to any goods carried under the Manifest unless notice hereof
setting out particulars of the origin, destination and date of shipment
of the goods and the estimated amount claimed in respect of such
loss, damage or delay is given in writing to the originating carrier
or the delivering carrier within sixty (60) days after the delivery
of the goods or, in case of failure to make delivery, within nine
(9) months from the date of shipment.
The final statement of claim must be
filed within nine (9) months from the date of shipment together
with a copy of the paid freight bill.
PERISHABLE & THERMAL SENSITIVE
No protective service for the transportation
of perishable commodities or for commodities requiring protection
from heat or cold. Such commodities will be accepted for transportation
solely at the shipper’s risk of damage occasioned by exposure
to heat or cold.
The contract for the carriage of goods
listed in this bill of lading shall be deemed to include and be
subject to the terms and conditions prescribed by the law of the
jurisdiction where the goods originate which if Newfoundland, Nova
Scotia, New Brunswick, Prince Edward Island, Saskatchewan and British
Columbia, the regulations made pursuant to the Motor Carrier Act
of each province; Quebec the bill of lading form and terms and conditions
approved by the Quebec Transport Commission; Ontario, the Public
Commercial Vehicles Act and Regulations thereto; Manitoba, The Highway
Traffic Act and Regulations thereto; Alberta, The Motor Transport
Act and Regulations thereto. The contract for the carriage of goods
listed in this Manifest shall be in accordance with the Rules and
Regulations published in the carrier’s tariff of tolls, in
effect on the date hereof to which the shipper assents and as evidence
thereof accepts this receipt.
All applicable Federal and Provincial
taxes required by law will be charged on all freight costs and surcharges.
The customer agrees to pay any and all taxes assessed to their account.
Any provision hereof prohibited by
law shall to the extent prohibited be ineffective and severable
without invalidating any other provision hereof.
MODIFICATION OF CONTRACT
This manifest constitutes the entire
contract between the carrier and the shipper, and no agent, servant
or representative of the carrier has the authority to alter, modify
or waive any provision of the contract.