CargoNizer Logistics Inc.


 

CargoNizer offers its services on the basis of these conditions that apply to all activities of the Company in arranging transportation or providing related services, such as, but not limited to, warehousing and any other kind of logistics services. Please click on the "read more" below to read our "Standard Trading Conditions"

STANDARD TRADING CONDITIONS

(Cliquez ici pour le français)

 

1. ROLE OF FORWARDER (“the COMPANY”)

The Company offers its services on the basis of these conditions that

apply to all activities of the Company in arranging transportation or providing

related services, such as, but not limited to, warehousing and

any other kind of logistics services. The Company may provide its services

as either principal or agent. The Company acts as agent of the

Customer, except

(a) where it issues a transport document or electronic record evidencing

its obligation for the delivery of goods, or

(b) to the extent it physically handles goods by its own employees

and equipment in the course of performing any service in which

cases it acts as principal,

but whether acting as principal or as agent these conditions govern the

rights and liabilities of the Customer and the Company.

When determining any rights or liabilities of the Company under these

conditions, the word “Customer” shall include the party giving instructions,

the shipper, the consignee, and the owner of the goods.

Notwithstanding the foregoing, advice is for the Customer only and is

not to be furnished to any other party without the Company’s prior written

consent. Gratuitous advice and information that is not related to

instructions accepted by the Company is provided without liability of

any kind, including for negligence.

 

2. CLAIMS AGAINST OTHERS

These conditions also apply whenever any claim is made against any

employee, agent or independent contractor engaged by the Company

to perform any transport or related service for the Customer’s goods,

whether such claims are founded in contract or in tort, and the aggregate

liability of the Company and all such persons shall not exceed the

limitations of liability in these conditions. For purposes of this clause

the Company acts as agent for all such persons who may ratify such

agency at any subsequent time.

3. ROLE AS AGENT

When acting as an agent, the Company acts solely on behalf of the

Customer in engaging the services of third parties on the usual terms

and conditions on which the third parties offer such services for the carriage,

storage, packing or handling of any goods, or for any other service

in relation to them, thereby establishing a direct contract between

the Customer and the provider of such services capable of being

enforced by the Customer as principal, whether or not the Customer is

identified in the contract. The Company shall on demand by the

Customer provide evidence of any contracts made on its behalf.

 

4. ROLE AS PRINCIPAL

Where requested by the Customer the Company may

(a) issue a transport document or electronic record by which it as

principal undertakes carriage of particular goods; or

(b) guarantee in writing proper performance of the terms of any

contract between the Customer and a third party whose services

the Company has engaged on behalf of the Customer.

Where it issues a transport document or electronic record, or provides

a guarantee, the rights and obligations of the Company will be governed

by the special conditions therein in addition to these conditions,

and in any event the Company is liable only to the same extent as the

third party who performs the carriage or guaranteed service, as may be

limited by the conditions on which that party customarily offers its services.

In the event of any inconsistency with these provisions, the special

conditions prevail.

 

5. SERVICES REQUIRING SPECIAL ARRANGEMENTS

The Customer must give instructions in writing to the Company a reasonable

time before the tender of goods for storage or transport where

it requests the Company to:

(a) arrange for the departure or arrival of goods before specific

dates;

(b) arrange for goods to be carried, stored or handled separately

from other goods;

(c) arrange for the transport of goods that may taint or affect other

goods, or may harbour or encourage vermin or pests;

(d) make a declaration of value or special interest in delivery to

any carrier or terminal;

(e) direct carriers or delivery agents to hold goods until payment

of any amount or until surrender of a document;

(f) arrange for the transport of goods of unusual high value, luxury

goods, currency, negotiable Instruments or securities of

any kind, precious metals or stones; antiques or art; human

remains, livestock or plants, or any other comparable cargos.

Where for any reason it does not accept such instructions, the

Company must promptly so advise the Customer by any means of communication

used in the ordinary course of business. If it continues to

use the Company’s services for the contemplated transport after receiving

such advice, the Customer assumes all risks connected with the

non-performance of such instructions, whether caused or contributed to

by the Company’s negligence or not.

 

6. THE COMPANY’S GENERAL RESPONSIBILITIES

(A) The Company shall exercise reasonable care in the discharge of

its obligations including the selection and instruction of third parties

that provide any services engaged on behalf of the Customer.

(B) The Company shall arrange transport and any related services

within a reasonable time after receiving the Customer’s instructions.

(C) If it has reasonable grounds for departing from any of the

Customer’s instructions, the Company can do so without prior

authorization from the Customer, but must act with due regard to

the interests of the Customer, and, as soon as possible, inform the

Customer of its actions and any additional charges resulting therefrom.

  

7. CUSTOMER’S GENERAL RESPONSIBILITIES

(A) The Customer shall be deemed to be competent and to have reasonable

knowledge of matters affecting the conduct of its business,

including terms of purchase and sale, the need for insurance and

the extent of coverage available for the type of goods being tendered

for shipment, the need to preserve and retain documentation,

the need for care to avoid transmitting viruses by electronic

communications, the need for confidential handling of information

relating to high value goods, and all other matters relating thereto

(B) The Customer warrants that all information in whatever form relating

to the general and dangerous character of the goods, their

description, bar-coding, marks, number, weight, volume and quantity

of the goods, as furnished by the Customer or on its behalf, was

accurate and complete at the time the goods were taken in charge

by the Company or any third party whose services it has engaged.

The Customer further undertakes to provide independent confirmation

of such particulars on the request of the Company.

 

8. CUSTOMER’S RESPONSIBILITY FOR PACKAGED AND CONTAINERIZED GOODS

(A) Except where the Company has accepted instructions in respect of

the preparation, packing, stowage, labeling or marking of the goods

the Customer warrants that all goods have been properly and sufficiently

prepared, packed, stowed, labeled and/or marked, and that

the preparation, packing, stowage, labeling and marking are appropriate

to any operations or transactions affecting the goods and the

characteristics of the goods.

(B) Unless the Company has accepted instructions to arrange for or to

perform the loading of a transport unit by its employees, the

Customer warrants that:

(a) the transport unit has been properly and competently loaded;

(b) the goods are suitable for carriage in or on the transport unit;

and

(c) the transport unit is in a suitable condition to carry the goods

loaded therein (save to such extent as the Company has

approved the suitability of the transport unit).

 

9. QUOTATIONS AND INVOICING

A) The Company does not assume a role as principal by providing a

fixed price quotation, or by rendering an invoice where the difference

between the amounts payable to third parties retained to carry out the

Customer’s instructions and the fixed price represents the Company’s

gross profit for its services. A Customer agrees that the Company is an

agent as provided in Section 1 where the Customer

(a) accepts a fixed price quotation, or

(b) does not within thirty days after receipt of the invoice object to

the Company charging a fixed price for its services.

(B) Quotations are given on the basis of immediate acceptance and are

subject to withdrawal or revision. Unless otherwise provided in the quotation

the Company may, after acceptance, revise quotations or charges

upon notice in the event of changes beyond the Company’s control,

including changes in exchange rates, rates of freight, carrier surcharges,

or any charges applicable to the goods.

 

10. CHARGES COLLECT SHIPMENTS

When goods are accepted or dealt with upon instructions to collect

freight, duties, charges or other expenses from the consignee or any

other person, the Customer shall remain responsible for the same if they

are not paid by such consignee or other person immediately when due.

 

11. CHANGED CIRCUMSTANCES/FAILURE TO TAKE DELIVERY

If events or circumstances, including a Customer’s failure to take delivery,

occur that affect performance of the Customer’s mandate, the

Company shall take reasonable steps to obtain the Customer’s further

instructions. If for whatever reason it does not receive timely instructions,

the Company may

(a) store the goods at the sole risk and expense of the Customer,

or

(b) sell the goods immediately and without further notice, and hold

any net proceeds for the account of the Customer or

(c) authorize any third party to abandon carriage and make the

goods or any part of them available to the Customer at a place

that is reasonable in the circumstances.

 

12. DANGEROUS GOODS

(A) The Customer undertakes not to tender for transportation any goods

that are of a dangerous, inflammable, radioactive, hazardous or damaging

nature without giving full particulars of the goods to the Company.

The Customer undertakes to mark the goods and the outside of any

packages or container in which they may be placed to comply with any

laws or regulations that may be applicable during the carriage. In the

case of goods where the place of receipt is a point within Canada, the

Customer further warrants that the goods, the packaging and marking

thereof comply in all respects with the provisions of any legislation or

regulations governing the transportation of dangerous goods.

(B) If it fails to comply with the requirements of sub-clause (A), the

Customer shall indemnify the Company against all loss, damage or

expense arising out of the goods being tendered for transportation or

handled or carried by or on behalf of third parties retained by the

Company.

(C) goods which in the opinion of the Company or the person who has

custody or possession thereof are or may become dangerous and present

a hazard may at any time or place be unloaded, destroyed or rendered

harmless without liability on the part of the Company.

 

13. INSURANCE

(A) The Customer must give the Company instructions in writing to

arrange insurance on its goods a reasonable time before the tender of

goods for storage or transport. The Company may carry out these

instructions by declaring the value of the goods under an open marine

cargo policy taken out by the Company, and, upon request, provide a

certificate or declaration of insurance, or other evidence of insurance.

The coverage on goods so declared is subject to the terms and conditions

of the policy. The Company is not liable if the Customer for any

reason whatsoever fails to recover a loss in whole or in part from the

insurer under the policy, even though the premium charged by the

insurer is different from the Company’s charges to the Customer.

(B) If coverage under its open marine cargo policy is not satisfactory,

the Company will recommend an insurance broker to arrange insurance

appropriate to the Customer’s needs. After making this recommendation,

the Company has no further duty regarding insurance, and

no liability for loss of or damage to the goods during transport or storage

that could have been covered by insurance on the goods, whether

such loss or damage has been caused or contributed to by its negligence

or breach of these conditions, or otherwise.

 

14. NOTIFICATION OF CLAIMS

The Customer on its own behalf and on behalf of the owner of the

goods shall notify the Company in writing of any claim

(a) in case of loss and/or damage to goods within 7 days of the

completion of transit,

(b) in case of delay in delivery or non-delivery within 45 days of

the date when the goods should have been delivered,

(c) in any other case within 45 days of the event giving rise to the

claim.

If a claim was not discoverable by the exercise of reasonable care within

the applicable time period, the Customer must give notice forthwith

after receiving information as to events that may give rise to a claim.

Failing notice as required by this clause, the claim is barred and no

action can be brought against the Company to enforce the claim.

 

15. LIMITATION OF LIABILITY

Compensation for any claim for which the Company is liable shall not in

any event exceed 2 SDR (SDR = Special Drawing Rights) per kilo of the

gross weight of the goods that are the subject of the claim. Without prejudice

to any other conditions herein or other defences available to the

Company, in no circumstances whatsoever shall the Company be liable

to the Customer or owner for

(a) consequential or indirect loss, including loss of market, except

as provided for in paragraph (b);

(b) loss of, damage to or consequential or indirect loss caused by

delay or deviation in connection with the transport of goods in

a sum in excess of twice the difference between the charges

invoiced by the Company and amounts paid by the Company

to third parties for transport or other service related to those

goods;

(c) amounts in excess of a maximum recoverable of 75,000

SDR’s per transaction.

Upon the Customer’s written request, the Company may accept liability

in excess of these limits provided the Customer pays the Company’s

additional charges for such increased liability. The Customer can obtain

details of these charges from the Company.

 

16. INDEMNITY

The Customer shall indemnify the Company against all duties, taxes,

payments, fines, expenses, losses, claims and liabilities, including without

limitation any storage, demurrage, port, or terminal charges and any

liability to indemnify any other person against claims made against such

other person by the Customer or by the owner

(a) for which the Company may be held responsible unless

caused or contributed to by any negligence or breach of duty

of the Company, or

(b) in excess of the liability of the Company in accordance with

these Conditions,

resulting from or connected with the actions of the Company related to

any service to which these conditions apply.

   

17. SET OFF AND COUNTERCLAIM

The Customer shall pay to the Company in cash, or as otherwise

agreed, all sums immediately when due without reduction or deferment

on account of any claim, counterclaim or set off.

 

18. RIGHT OF DETENTION AND LIEN

All goods (and documents relating to goods) shall be subject to a particular

and general lien and right of detention for monies owing either in

respect of such goods, or for any particular or general balance or other

monies owed, whether then due or not, by the Customer, sender, consignee

or owner of the goods to the Company. If these monies remain

unpaid for 10 days after the Company sends notice of the exercise of

its rights to these persons by any means of communication reasonable

in the circumstances, the goods may be sold by private contract or otherwise

at the sole discretion of the Company, and the net proceeds

applied on account of the monies owing. The Company will not be liable

for any deficiencies or reduction in value received on the sale of the

goods nor, will the Customer be relieved from the liability merely

because the goods have been sold.

 

19. TIME BAR

The Company shall, unless otherwise expressly agreed, be discharged

of all liability under these conditions unless suit is brought within 9

months from

(a) the date of delivery of the goods for claims to damage to

goods, or

(b) the date when the goods should have been delivered for

claims for delay in delivery or loss of goods.

With respect to loss or damage other than loss of or damage to the

goods, the 9 months period shall be counted from the time when the act

or omission of the Company giving rise to the claim occurred.

 

20. CUSTOMARY REMUNERATION RECEIVED FROM THIRD

PARTIES

The Company shall be entitled to be paid and retain all brokerages paid

by carriers, commissions, documentation allowances, profits on foreign

exchange and other remunerations paid by third parties as is customary

in the trade.

 

21. APPLICABLE LAW AND JURISDICTION

These conditions shall be governed by the laws of Canada and of the

province within Canada in which the Company has its principal place of

business. By accepting the services provided under these conditions,

the Customer irrevocably attorns to the exclusive jurisdiction of the

Courts of that province and the Federal Court of Canada.

The Parties agree that where they have used electronic communications

to transact in whole or in part any business such communications

will be given legal effect in accordance with the provisions (so far as

they may be applicable) of the Uniform Electronic Commerce Act

as approved by the Uniform Law Conference of Canada.

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