Agreement
to Terms
By giving your package to All Canadian Courier Corporation
(ACC) for carriage, you agree to all the terms stated
herein. No one is authorized to modify the terms of
our agreement.
Rates - Payment
Invoices are payable upon receipt. Any discounts applied
to an order are subject to payment being received
on time, where payment for a shipment has not been
received within 30 days of invoice, ACC has the option
of recalculating all charges to those shown in the
current tariff. Overdue balances are subject to interest
calculated at 2% per month (19.6% per annum) which
shall accrue and be payable to ACC on all outstanding
monies. This is in addition to any legal rights and
remedies available to ACC.
Limitations of Liability and Liabilities
not Assumed
Our maximum liability is $2.00 per pound or $4.41
per kilogram unless a higher ‘declared’
value is made at the time the shipment is placed and
you pay an additional premium. If you declare a higher
value and pay the additional charge, our maximum liability
will be the lesser of your declared value or the actual
loss.
We shall not be liable for any damages, whether direct,
incidental (for example, alternate carrier transportation
costs), consequential (for example, loss of profits
or income), or special, whether or not we knew that
such damages might be incurred in any manner resulting
from misdelivery, failure to deliver or delay in delivery,
in excess of: (i) in the case of fundamental breach
of the contract of carriage, an amount equal to our
maximum liability and the amount of all freight and
other charges paid hereunder (ii) in the case of delay,
a refund of your transportation charges, and (iii)
in any other case, an amount equal to our maximum
liability.
We shall not be liable for loss, damage or delay
caused by events we cannot reasonably foresee or control,
including but not limited to acts of God, perils of
the air, weather conditions, mechanical delays, acts
of the Queen’s or public enemies, war, riots,
strikes, civil commotions, a defect or inherent vice
in the goods, the acts or default (including but not
limited to improper or insufficient packing, securing,
marking or addressing of the shipment) by the shipper,
owner, or consignee of, or anyone else with an interest
in the shipment or any part thereof, authority of
laws, or acts or omissions of public authorities (including
customs and quarantine officials) with actual or apparent
authority.
We won’t be liable if you or the consignee
violates any of the terms of our agreement, or for
loss or damage to shipments of prohibited items, including
cash or currency. We cannot accept responsibility
for loss, damage or delay of your shipment if caused
by any carrier you have designated us to use for any
portion of carriage.
Declared Value Limits
Without prior written agreement, the insured value
of a Regular, Stat or Overnight shipment cannot exceed
$1,000.00. The insured value of an Exclusive Use shipment
cannot exceed $5,000.00.
Filing a Claim
We won’t be liable for loss, damage or delay
to any packages unless notice thereof setting out
particulars of the origin, destination and date of
shipment of the goods and the estimated amount of
claim in respect of such loss, damage or delay is
given to us within 15 days from the date of your shipment.
Responsibility for Payment
Regardless of the payment instructions you give us,
you will always be primarily responsible for all delivery
charges. You will also be responsible for any costs
we may incur in either returning your shipment to
you or warehousing it pending disposition.
Indemnity
You shall indemnify us and hold us harmless against
all liabilities, losses, claims, damages, costs and
expenses of any nature whatsoever incurred as a consequence
of your non-observance of any regulation of whatever
nature which you are required to observe with regard
to or in connection with the carriage of the goods
shipped.
Applicable Law
The carriage of goods shall be deemed to include and
be subject to the terms and conditions prescribed
by law in the jurisdiction where the goods originate.
Severability
If any term, covenant or condition herein is held
to be invalid, illegal or unenforceable, the validity,
legality and enforceability of the remainder of this
agreement shall in no way be affected or impaired
and shall be valid and enforced to the fullest extent
permitted by law.
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