Terms & Conditions

General Terms and Conditions of Carriage

1.0

Services:
TIMAX Messenger Inc. (TIMAX) in conjunction with its affiliates is engaged in the transportation of shipments by the following services: Messenger, Courier, Freight and Warehousing. The services offered to the customer are in accordance with the terms and conditions set out herein and in accordance with TIMAX published and or specified rates.

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

(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 $1,000, in which case TIMAX’s maximum liability will be $1,000.  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.

(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.

3.0

After Hours Messenger Deliveries: For deliveries between the hours of 5 pm and 7:00 am Monday to Friday, and all day Saturday and Sunday the rate charged will be subject to an after-hours premium. 

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 

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.

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.

7.0

Dangerous Goods: Dangerous goods shipments (ground only) are subject to a $25.00 surcharge to all locations. Some restrictions may apply.

8.0

Fuel Surcharge: All shipments may be subject to a fuel surcharge and subject to change without notice (call for most recent amount).

10.0

HST: HST will be charged at the current rate on all shipments

11.0

Method of Payment: TIMAX does not accept personal cheques. Company cheques are accepted as well as Visa or MasterCard.

   

12.0

(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.  

13.0

(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 logging into www.timax.com or 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.     

14.0

 (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.

15.0

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.

16.0

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.

17.0

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.

18.0

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.

19.0

 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.)

20.0

 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.

21.0

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.

22.0

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.

23.0

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

24.0

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.

25.0

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.

26.0

Service: Some shipments may be shipped by surface transport and/or handled by a TIMAX associate.

27.0

Future Changes: Rates and charges are subject to change without notice.

     

 

Courier/Overnight – Schedule of Additional Charges

 

TIMAX Courier Services

Schedule of Additional Charges*

Nature

Description

Amount

Declared Value Surcharge  

A maximum $100 replacement value is included in the cost of shipment. If the shipper declares a value for TIMAX’s liability purposes over $100, a surcharge over $100 (to a maximum of $5,000, a surcharge of 4.5% of the amount of the declared value will be applied to the cost of the shipment. All shipment loss, damage, and insurance liability amount will comply with the terms and conditions of the carrier of choice. Please see www.purolator.com or www.UPS.com for all terms and conditions.

4.5% of declared value

Residential Delivery

An additional charge will be applied where the destination point is deemed by the carrier to be located in an area that is primarily residential or is of a low business (commercial) density.

$3.00

Return Service

Return Service are shipments where a TIMAX customer agrees to pay for the shipment being sent (or returned) to them from one of

their customers or third party. Additional fee is added to shipment charge.

$3.50

3rd Party Pick-Up Service

Service provided when a TIMAX Customer (Bill To Customer) requests a pick-up at an alternate location with delivery to any alternate location. The fee will be added to the shipment charge.

$5.00

Address Correction

An additional fee will be applied if the receiver’s address is incorrect, incomplete or not legible. The fee will be added to shipment charge and applied per piece.

$12.00

Undeliverable or  Refused Shipment

When carrier is unable to complete a delivery for reasons beyond our control, the shipment will be returned to the Shipper as

“Undeliverable” a Surcharge will be applied to the Shipper’s account for the return movement.

Equal to the total shipping charges

of the original outbound shipment.

Large Distribution Label Generation  

An additional fee will be applied when a large distribution requires that TIMAX generate labels and apply to packages. Additional fees may apply if distribution requires services over and above standard label generation. Fees to be based on individual quote.

5% of shipment cost.

All Customs, Brokerage and Associated Fees

A fee of 3% will be added to all Customs,  Brokerage and Associated fees when TIMAX customer is paying for all international clearance costs 

3% of all fees.

 

 

 

Nature

Description

Amount

Additional Handling

Any article that is encased outside a shipping container, cylindrical or odd shaped, actual weight exceeds 70 pounds.  Additional exceptions may apply.

$10.00

Oversized Package

A package is considered oversized when its length plus girth [(2 x width + 2 x height)] combined exceeds 130 inches. Oversized packages are subject to a minimum billable weight of 90 pounds.

$50.00

Transporting Liquids

Transportation of liquids that are of a Non-Dangerous Goods nature and subject to an additional handling fee.  Additional fee is added to shipment charge.

$6.00

Over Maximum Limits

Packages weighing more than 150 pounds, or exceeding 108 inches in length, or exceeding a total of 165 inches in length and girth.

$60.00

Shipping Label

A label processing fee will be applied when shipments are received at the TIMAX depot that do not have a completed waybill or label for shipment.

$1.00

Proof of Delivery Signature

Upon request, TIMAX will provide confirmation of delivery by telephone or e-mail at no charge. Written confirmation of delivery is available upon request at an additional charge.

$5.00

Furtherance or Beyond Points

Where the destination point is deemed by to be remote or a beyond an additional fee will be applied to the shipment charge.

Variable fees based on distance.

Fuel Surcharge

TIMAX applies a Fuel Surcharge to the total shipping rate of all freight-related movements for both domestic and international, air and ground shipments. The Fuel Surcharge is based on the average amount charged by the Courier/Overnight industry.

Variable FSC updated monthly.

 

*TIMAX has not included a complete list of all additional charges but has chosen to highlight those that we see most often. Please contact TIMAX directly to review any questions that you may have.

 

 

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