Standard Contract Terms and Conditions for Warehouse Receipt
General Terms and Conditions of Cartage
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1.0 |
Services: |
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2.0 |
(a) Limitation of Liability of TIMAX: If no Declared Value is declared in writing by the Shipper to TIMAX as in clause 2.0(b) below, it is agreed that for claims purposes (including a claim based upon failure to deliver, misdelivery, damage, loss or theft of packages), TIMAX’s liability is limited to a maximum of $100 per shipment regardless of the circumstances, including but not limited to, the gross negligence or negligence of TIMAX and its employees, contractors or agents. However, for all late or delayed shipments, clause 2.0(c) applies |
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(b) Declared Value: An additional charge of $4.50 for each $100.00 of value must be paid to TIMAX if the Shipper wishes to obtain Declared Value protection in excess of $100 per shipment. However, Declared Value protection does not protect against late or delayed shipments: see 2.2(c) below. The maximum Declared Value for a shipment is $5,000, in which case TIMAX’s maximum liability will be $5,000. In addition, for international shipments, the Declared Value cannot exceed the declared value for Customs. A declared value must be given, both on the waybill and when the order is submitted. |
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(c) Limitation of Liability for Consequential Losses: TIMAX shall not be liable for any special, incidental or consequential damages (collectively, the “Consequential Damages”) including, but not limited to, loss of profit incurred by the Shipper or any other person or company as the result of TIMAX(or its agents) acts of god, acts or omissions, higher than usual volumes, traffic congestion, including gross negligence or negligence causing damages, failure to deliver, misdelivery, loss or theft of shipment, or late or delayed shipment. In any such event, TIMAX’s liability shall be limited to either a refund or credit of the shipping charges. This limitation of liability applies to all shipments, regardless of whether the Shipper has declared a value of the shipment (as per (b) above) and paid the additional charges. In no event shall TIMAX be liable for Consequential Damages even if advised in advance of the possibility of such damages. |
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3.0 |
After Hours Messenger Deliveries: For deliveries between the hours of 4:00 pm and 8:00 am Monday to Friday, and all day Saturday and Sunday the rate charged will be subject to an after-hours premium. |
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4.0 |
(a) Waiting/Uploading Time: For Messenger shipments there will be no charge for the first 10 minutes of waiting/unloading. Waiting time over 10 minutes will be subject to an additional charge. (b) Weight Charges: Weight charges are specific to your quotation (c) Piece Charges: Pieces charges are specific to you quotation |
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5.0 |
Remote Points: On Courier shipments an additional charge will be applied where the destination or origin is deemed to be a remote point. The remote point may also require additional business days in transit depending on location. |
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6.0 |
Overweight/Oversized Courier Shipments: Shipments deemed overweight/oversized are subject to a cubing factor of 10 lbs. (ground) per cubic foot and 15 lbs. (Air) per cubic foot. |
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7.0 |
Fuel Surcharge: All shipments may be subject to a fuel surcharge and subject to change without notice (call for most recent amount). |
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8.0 |
HST: HST will be charged at the current rate on all shipments |
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9.0 |
Method of Payment: TIMAX does not accept personal cheques. Company cheques are accepted as well as Visa or MasterCard. |
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10.0 |
(a) Saturday Service: Next day delivery does not include weekend or holidays. Saturday delivery is available upon request at an additional charge. (b) Emergency Service: Emergency service is available through TIMAX, using our Sameday Messenger service 24/7, including holidays. |
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11.0 |
(a) Proof of Delivery (POD): Unless otherwise instructed, Timax will obtain a delivery signature and provide an electronic proof of delivery to customers at no charge. Electronic POD’s may be obtained by calling Customer Service at 905-890-4700. An additional charge may apply for those requesting a copy of the signed waybill via fax or email. (b) Specific Delivery Instructions: TIMAX can accommodate most specific delivery instruction. however delivery requests to a specific floor or suite number to which no access to that area is permitted. The delivery will be left in receiving, at security or designated courier drop off area. TIMAX will not be liable for delivery time to specific floor or suite when such a situation occurs. |
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12.0 |
(a) Proper Packaging and Labeling: TIMAX reserves the right to refuse any package that is inappropriate to transport, or that is improperly packaged or labeled. TIMAX will not be liable for delay, damage to or loss of goods by defects or inadequacy of packaging used by the shipper. (b) Right of Inspection: TIMAX reserves the right to open and inspect any shipment tendered to it for delivery, at any time, without notice. Government authorities may also open and inspect any shipment, at any time, without notice. |
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13.0 |
Next Flight Out Guarantee: There is no time guarantee for Next Flight Service due to flight cancellations or changes made by the airline that are beyond the control of TIMAX. |
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14.0 |
Collect and Third Party Charges: This charge only applies to domestic shipments. An additional charge may be assessed when a shipper requires TIMAX to invoice a third party or the consignee. Either/or must have an pre-approved TIMAX account. The shipper must inform a customer service representative at the time of placing the order, of their request either freight-collect or third party billing. The shipper must also mark the waybill appropriately. The shipper agrees to pay for the courier/cartage service in the event the consignee or third party fails to pay the invoice. TIMAX reserves the right to place the customers on a cash only basis as well as any other legal rights and remedies available to it. |
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15.0 |
Redirect Charge (Address Correction Charge): If TIMAX is unable to deliver any shipment because of an incorrect address, TIMAX will make best efforts in locating the proper destination. Once the correct address is located TIMAX will proceed to attempt to deliver the shipment at an additional charge. |
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16.0 |
Rural Route/P.O. Box Charge: TIMAX cannot deliver to either a Rural Route or P.O. Box Number. All shipments require a street address including apartment/suite/unit numbers and the consignee’s telephone number. Should the shipper address the shipment to either a Rural Route or P.O. Box number additional charges will be assessed, and there may be delays in the delivery. |
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17.0 |
Messenger Service Vehicle Charge: Additional charges may apply for customers requesting specialized vehicles for delivering messenger shipments. (i.e. van, 5 ton vehicles, power tailgate vehicles, etc.) |
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18.0 |
Tenders: Should a customer ship a “tender” TIMAX must be notified at the at the time the order is placed. TIMAX will not be held responsible in any manner, financially or otherwise, for the consequences of failure to deliver a shipment by a stipulated time. |
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19.0 |
Perishable Goods: TIMAX does not provide a 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. |
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20.0 |
Export Documentation: The shipper must provide the required documentation for customs clearance, except for envelopes containing documents, which do not require export documentation. By providing this documentation, the shipper certifies to TIMAX that all statements and information relating to exportation and importation are true and correct. |
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21.0 |
Procedures for Claims: Claims may be submitted to TIMAX in writing or by email addressed to accounts@timax.com Attention Claims; All claim notifications must include shipment details, including address information (from/to), date of shipment, package weight, the waybill number and a detailed statement of what is being claimed. Claims must be lodged within the following time periods: Loss or Damage Claims Verbal notification within 24 hours Written notification within 15 days Claims of Concealed Damage Verbal notification within 48 hours of delivery Service Guarantee Claims Verbal notification within 24 hours written notification within 15 days |
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22.0 |
Interruption of Service: TIMAX shall not be liable for any interruption of delivery service due to a cause beyond TIMAX’s control, or due to strikes, lockouts or labour disputes. |
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23.0 |
Payment for Service: TIMAX’s credit terms require payment of all charges within thirty (30) days after the date of TIMAX’s invoice. The shipper agrees to pay TIMAX all shipping charges in the event of non-payment by the consignee or the alternative party invoiced. In the event the customers fails to pay the invoice, TIMAX reserves the right to place the customer on a “cash only” basis as well as implementing any other legal rights and remedies available to it. |
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24.0 |
Service: Some shipments may be shipped by surface transport and/or handled by a TIMAX associate. |
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25.0 |
Future Changes: Rates and charges are subject to change without notice. |
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Standard Contract Terms and Conditions for Warehouse Receipt | Appendix I
In these Terms and Conditions, the word “warehouseman” means the issuer of this non-negotiable receipt, his employees, servants, successors and assigns, and the words “owner”, “storer” or “depositor” means the party for whose account the goods are stored.
2) ContractSubject always to legislation in force governing warehouse receipts in the province where the goods covered by this Receipt are stored, this Receipt including the Terms and Conditions hereinafter set out, when delivered or mailed to the owner or depositor of the goods at his address last known to the warehouseman, shall constitute the contract between the owner or depositor and the warehouseman; provided that the owner or depositor may within twenty days after such delivery or mailing, notify the warehouseman in writing that he does not accept the contract and forewith thereafter shall pay the warehouseman’s lien for charges and remove the goods. If such notice be not given then this Receipt constitutes the contract.
3) Warehouseman’s LienAll advances and charges are due and payable prior to delivery or transfer of the stored goods under provision of the Warehouseman’s Lien Act. The warehouseman shall have a lien upon and security interest in all goods of storer at any time heretofore and hereafter deposited by storer in any warehouse owned or operated by the warehouseman. Such lien and security interest shall be for all charges, advances and expenses in relation to such goods of storer including without limitation, damage caused by such goods, whether or not heretofore released from the warehouse. In the event of nonpayment of any such amounts, the warehouseman has the right, after reasonable notice, to sell or otherwise dispose of the goods in any manner he may think fit to satisfy his lien.
4) Basis of ChargesAny charge made with respect to the goods covered by this receipt shall conform to the warehouseman’s quotation and/or tariff in effect at the time the service is performed. Storage rates are per calendar month or part thereof unless indicated otherwise.
5) Access and InspectionThe storer may, subject to the warehouseman’s security and insurance regulations and other reasonable limitations, have access to the goods at any reasonable time, provided the storer or his authorized representative is accompanied by an employee of the warehouseman, whose time may be, at the discretion of the warehouseman, an additional charge to storer.
6) Hazardous and Polluting GoodsHazardous or polluting goods mean any substance, product, material or good whether gaseous, liquid or solid which is hazardous, dangerous to or capable of injuring or interfering with human, animal or plant life, or the environment and, in particular, includes any substance, product, material, waste or good that is defined as a waste, toxic substance, hazardous substance, polluting substance, special waste or dangerous good in or pursuant to any law, regulation, guideline or order of any authority of competent jurisdiction.
Hazardous or polluting goods shall not be delivered to the warehouse unless the warehouseman has previously agreed in writing to accept such hazardous or polluting goods.
Storer shall indemnify and save warehouseman harmless from and against any and all direct and indirect claims, actions, damages, liabilities and expenses in connection with loss of life, personal injury or damaged property resulting by any means whatsoever from such goods.
Warehouseman shall have the right to require the removal from its premise or the return to storer of any goods or substance, of any kind or description, at any time, without stated reason, on written notice of not less than (30) days from the end of the current storing month such removal or return to be at storer’s expense.
7) Liability of WarehousemanA) The responsibility of the warehouseman is the reasonable care and diligence required by the laws of the province where the goods are stored.
B) The quality, condition, contents and value of goods stored are not known to the warehouseman except as declared and described on the face of the Receipt by the storer.
C) Goods covered by this Receipt are not insured by the warehouseman, unless by prior written arrangements.
D) Without limiting the generality of the foregoing, it is specifically declared that:
i) All goods are stored at the owner’s risk of loss, damage or delay in delivery caused by or through inaccuracies, obliteration or absence of marks, numbers, address or description, act of God, irresistible force, enemies of the Queen, civil or military authorities, insurrection, riot, strikes, picketing or any other labour trouble, water steam, sprinkler leakage, floods, rain, wind, storm, fire, frost, vermin, heating or corruption, deterioration, drainage, dampness, rust, decay, collapse of the building, inevitable accident, depreciation or perishing by elapse of time, changes in temperature, contact with or odours from other goods, inherent defects, lack of any special care of precaution, injury to articles insufficiently protected or arising from the nature of the goods, loss in weight, insufficiently cooperage, boxing, crating or packing, ordinary wear and tear in handling, leakage, concealed damage or any cause beyond the control of the company or failure to detect any of the foregoing. All storage and other applicable charges must be paid on goods stored for an additional time, or lost or damaged by any of the above causes.
ii) The legal liability of the warehouseman shall be strictly limited to the lesser of the monetary amount of the damage incurred or 100 times the monthly storage rate on any one package or stored unit with the contents (or, in cases where the warehouseman’s charges are calculated for other than actual storage, maximum $50.00 per unit) unless the owner specifically requests a higher limit in writing and declares an excess value, in which case the warehouseman may, at his option, accept liability and assess an additional charge to the monthly storage or other applicable rate.
E) The warehouseman shall not, in any event, be liable for any claim of any type whatsoever with respect to the stored goods unless such claim is presented in writing within a reasonable time, not exceeding 30 days after storer learns of, or, in the exercise of reasonable care, should have learned of the loss, damage or destruction of said goods.
8) GeneralA) All incoming shipments should be consigned to the storer, c/o the warehouseman, freight prepaid, unless agreed otherwise by the warehouseman. The warehouseman reserves the right to refuse acceptance of any goods improperly consigned or shipped with under freight terms which are contrary to those agreed between the storer and the warehouseman.
B) If a checker is not furnished by the storer or transportation company, the warehouseman’s load or unload count shall be conclusively deemed to be correct, unless proven otherwise.
C) If the warehouseman has agreed in writing to accept any hazardous or polluting good or substance for storage, then the storer shall provide the warehouseman in advance with detailed written information and instructions regarding the nature of the good or substance, any legislation applicable to the storage or handling of the good or substance and any other information necessary or helpful to warehouseman in complying with the reporting, record keeping, employee training, notification and similar requirements regarding such good or substance. Storer shall promptly advise warehouseman of any changes in any such information and instructions. Storer assumes all liability for costs incurred and/or damages resulting from his failure to provide the warehouseman the above advance written information and instructions and/or prompt written information or instructions regarding changes to the hazardous goods or substances being stored.
D) The warehouseman shall have no responsibility for error resulting from verbal or telephoned shipping instructions, unless written confirmation of such instructions is received not less than twenty-four hours prior to the shipment of goods.
E) When errors in shipment occur, any liability of the warehouseman shall be strictly limited to the transportation costs involved to rectify any such error, and shall not, under any circumstances, include liability for damages, due to the acceptance or use of said goods, nor shall the warehouseman be liable for the collection of moneys in regard to said goods; Nor shall the warehouseman be liable for the consequential damages of any kind whatsoever.
F) The warehouseman shall not be responsible for delays in loading nor unloading railway cars, nor for any demurrage charges or other time penalties arising from any delay which cannot reasonably be avoided by the warehouseman in the normal course of its business.
9) Waiver – SeverabilityA) The warehouseman’s failure to insist upon strict compliance with any provision of this Warehouse Receipt shall not constitute a waiver or estoppel to later demand strict compliance thereof and shall not constitute a waiver or estoppel to insist upon strict compliance with all other provisions of this Warehouse Receipt.
B) In the event any section of this Warehouse Receipt or part thereof shall be declared invalid, illegal and unenforceable, the validity, legality and enforceability of the remaining sections and parts shall not, in any way, be affected or impaired thereby.
Billing
