I APPLICATION The following shall apply to all transportation of goods by for hire highway carriers licenced under the Motor Vehicle Transport Act(Canada. R.S.C. 1970, M-14) or under provincial statutes with the exception of the transportation of:
Used household goods
Bus parcel express shipments
Such other specific commodities as may be specified by provincial law
II BILL OF LADING
A Bill of Lading shall be completed as provided herein for each shipment.
On each article covered by the Bill of Lading, there shall be plainly marked there on by the consignor, the name of the consignee and the destination thereof. This requirement does not apply in cases where the shipment is from one consignor to one consignee and constitutes a truckload shipment.
The Bill of Lading shall be signed in full (not initialed) by the consignor and by the carrier as an acceptance of all terms and conditions contained therein.
At the option of the carrier a waybill may be prepared by the carrier and the waybill shall bear the same number or other positive means of identification as the original Bill of Lading. Under no circumstances shall the waybill replace the original Bill of Lading
III CONDITIONS OF CARRIAGE Liability of Carrier The carrier of the goods herein described is liable for any loss of or damage to goods accepted by him or his agent except as herein-after provided.
Liability of Originating and Delivering Carriers Where a shipment is accepted for carriage by more than one carrier, the carrier issuing 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 or have been delivered and from which liability the other carrier is not relieved.
Recovery from Connecting Carrier 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 or have been delivered the amount of the loss or damage that the originating carrier or delivering carrier, as the case may be, may be required to pay hereunder resulting from loss of or damage to the goods while they were in the custody of such carrier. When shipments are interlined between carriers, settlement of concealed damage claims shall be prorated on the basis of revenues received.
Remedy by Consignor or Consignee Nothing in articles 2 or 3 deprives a consignor or consignee of any rights he may have against your carrier.
Exceptions from Liability The carrier shall not be liable for loss, damage or delay to any of the goods described in the Bill of Lading caused by an Act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor,owner or consignee, authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural shrinkage.
Delay No carrier is bound to transportthe goods by any particular vehicle or in time for any particular market or otherwise than with due dispatch, unless by agreement specifically endorsed on the Bill of Lading and signed by the parties thereto.
Routing by Carrier In case of physical necessity where the carrier forwards the goods by a conveyance that is not a licenced for-hire vehicle, the liability of the carrier is the same as though the entire carriage were by licenced for-hire party.
Stoppage in Transit Where goods are stopped and held in transit at the request of the party entitled to so request, the goods are held at risk of that party.
Valuation Subject to article 10, 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 computed on the basis of:
The value of the goods at the place and time of shipment including the freight and other charges if paid; or
Where a value lower than that referred to in paragraph (a) has been represented in writing by the consignor or has been agreed upon, such lower value shall be the maximum liability.
Maximum Liability The amount of any loss or damage computed under paragraph (a) or (b) of article 9 shall not exceed $4.41 per kilogram computed on the total weight of the shipment unless a higher value is declared on the face of the Bill of Lading by the consignor.
Consignor’s Risk Where it is agreed that the goods are carried at the risk of the consignor of the goods, such agreement covers only such risks as are necessarily incidental to transportation and the agreement shall not relieve the carrier from liability for any loss or damage or delay which may result from any negligent act or omission of the carrier,his agents or employees and the burden of proving absence from negligence shall be on the carrier.
Notice of Claim
No carrier is liable for loss, damage or delayto any goods carried under the Bill of Lading unless notice thereof setting outparticulars of the origin, destination and date of shipment of the goods andthe estimated amount claimed in respect of such loss, damage or delay is givenin writing to the originating carrier or the delivering carrier within sixty(60) days after the delivery of the goods, or in the case of failure to makedelivery, within nine (9) months from the date of the shipment.
The final statement of the claim must be filedwithin nine (9) months from the date of shipment together with a copy of thepaid freight bill.
Articles of Extraordinary Value No carrier is bound to carry any documents, specie or articles of extraordinary value unless by a special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed hereon, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in article 10 above.
Freight Charges
If required by the carrier the freight and allother lawful charges accruing on the goods shall be paid before delivery and ifupon inspection it is ascertained that the goods shipped are not thosedescribed in the Bill of Lading the freight charges must be paid upon the goodsactually shipped, with any additional charges lawfully payable thereon.
Should a consignor fail to indicate that shipmentis to move prepaid, or fail to indicate how the shipment is to move, it willautomatically move on a collect basis.
Undeliverable Goods
Where through no fault of the carrier, the goodscannot be delivered, the carrier shall immediately give notice to the consignorand consignee that delivery has not been made, and shall request disposalinstructions.
Pending receipt of such disposal instructions (I)The goods may be stored in the warehouse of the carrier, subject to areasonable charge for storage; or (ii) Provided that the carrier has notifiedthe consignor of his intention, the goods may be removed to, and stored in, apublic or licensed warehouse, at the expense of the consignor, withoutliability on the part of the carrier, and subject to a lien for all freight andother lawful charges, including a reasonable charge for storage.
Return of Goods Where notice has been given by the carrier pursuant to article 15a, and no disposal instructions have been received within 10 days from the date of such notice, the carrier may return to the consignor, at the consignor’s expense, all undelivered shipments for which such notice has been given.
Alterations Subject to article 18, any limitation on the carrier’s liability on the Bill of Lading, and any alteration or addition or erasure in the Bill of Lading shall be signed or initialed by the consignor or his agent and the originating carrier or his agent and unless so acknowledged shall be without effect.
Weights It shall be the responsibility of the consignor to show correct shipping weights of the shipment on the Bill of Lading. Where the actual weight of the shipment does not agree with the weight shown on the Bill of Lading, the weight shown thereon is subject to correction by the carrier.
C.O.D. Shipments
A carrier shall not deliver a C.O.D. shipment unlesspayment is received in full.
The charge for collecting and remitting theamount of the C.O.D. bills for C.O.D. shipments must be collected from theconsignee unless the consignor has other side so indicated and instructed onthe Bill of Lading.
A carrier shall remit all C.O.D. monies to theconsignor or person designated by him within 15 days after collection.
A carrier shall keep all C.O.D. monies separatefrom the other revenues and funds of his business in a separate trust fund oraccount.
A carrier shall include as a separate item inhis schedule of rates the charges for collecting and remitting money paid by consignees
Terms & Conditions
I APPLICATION
The following shall apply to all transportation of goods by for hire highway carriers licenced under the Motor Vehicle Transport Act(Canada. R.S.C. 1970, M-14) or under provincial statutes with the exception of the transportation of:
specified by provincial law
II BILL OF LADING
III CONDITIONS OF CARRIAGE
Liability of Carrier
The carrier of the goods herein described is liable for any loss of or damage to goods accepted by him or his
agent except as herein-after provided.
Liability of Originating and Delivering Carriers
Where a shipment is accepted for carriage by more than one carrier, the carrier issuing 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 or have been delivered and from which liability the other carrier is not relieved.
Recovery from Connecting Carrier
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 or have been delivered the amount of the loss or damage that the originating carrier or delivering carrier, as the case may be, may be required to pay hereunder resulting from loss of or damage to the goods while they were in the custody of such carrier. When shipments are interlined between carriers, settlement of concealed damage claims shall be prorated on the basis of revenues received.
Remedy by Consignor or Consignee
Nothing in articles 2 or 3 deprives a consignor or consignee of any rights he may have against your carrier.
Exceptions from Liability
The carrier shall not be liable for loss, damage or delay to any of the goods described in the Bill of Lading caused by an Act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor,owner or consignee, authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural shrinkage.
Delay
No carrier is bound to transportthe goods by any particular vehicle or in time for any particular market or otherwise than with due dispatch, unless by agreement specifically endorsed on the Bill of Lading and signed by the parties thereto.
Routing by Carrier
In case of physical necessity where the carrier forwards the goods by a conveyance that is not a licenced for-hire vehicle, the liability of the carrier is the same as though the entire carriage were by licenced for-hire party.
Stoppage in Transit
Where goods are stopped and held in transit at the request of the party entitled to so request, the goods are held at risk of that party.
Valuation
Subject to article 10, 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 computed on the basis of:
shipment including the freight and other charges if paid; or
paragraph (a) has been represented in writing by the consignor or has been
agreed upon, such lower value shall be the maximum liability.
Maximum Liability
The amount of any loss or damage computed under paragraph (a) or (b) of article 9 shall not exceed $4.41 per kilogram computed on the total weight of the shipment unless a higher value is declared on the face of the Bill of Lading by the consignor.
Consignor’s Risk
Where it is agreed that the goods are carried at the risk of the consignor of the goods, such agreement covers only such risks as are necessarily incidental to transportation and the agreement shall not relieve the carrier from liability for any loss or damage or delay which may result from any negligent act or omission of the carrier,his agents or employees and the burden of proving absence from negligence shall be on the carrier.
Notice of Claim
Articles of Extraordinary Value
No carrier is bound to carry any documents, specie or articles of extraordinary value unless by a special agreement to do so. If such goods are carried without a special agreement and the nature of the goods is not disclosed hereon, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in article 10 above.
Freight Charges
Undeliverable Goods
Return of Goods
Where notice has been given by the carrier pursuant to article 15a, and no disposal instructions have been received within 10 days from the date of such notice, the carrier may return to the consignor, at the consignor’s expense, all undelivered shipments for which such notice has been given.
Alterations
Subject to article 18, any limitation on the carrier’s liability on the Bill of Lading, and any alteration or addition or erasure in the Bill of Lading shall be signed or initialed by the consignor or his agent and the originating carrier or his agent and unless so acknowledged shall be without effect.
Weights
It shall be the responsibility of the consignor to show correct shipping weights of the shipment on the Bill of Lading. Where the actual weight of the shipment does not agree with the weight shown on the Bill of Lading, the weight shown thereon is subject to correction by the carrier.
C.O.D. Shipments