TERMS AND CONDITIONS
The carrier agrees to transport the goods carried under the Bill-of Lading subject to all Federal, Provincial and Municipal laws, regulations, ordinances and by-laws of the Province of origin and of the province of Ontario and any Carrier’s Tariff of Tolls (including Rules and Regulations thereof) in effect on the date of shipment, except as herinafter provided and the Shipper assents thereto as evidenced by his receipt of a copy of the Bill of Lading hereto.
DECLARED VALUATION, LIMITS OF LIABILITY AND DELAY
Liability to any consignor, owner, consignee or a third party, whether in tort, contract or otherwise shall not exceed $4.41 per K.G. computed on the total weight of the shipment unless a higher value is declared on the face of this Bill of Lading by the Consignor and an additional charge of $1.00 per $100.00 or fraction thereof is paid to the Carrier. The maximum declared value is CND $500.00. The liability of the Carrier is limited to the lesser of the declared value of the shipment and the amount of loss or damage actually sustained. The Carrier may refuse to carry any shipment with a declared value in excess of $500.00 unless prior agreement is made in writing.
Unless the parties shall otherwise in writing agrees, the Carrier shall not be liable for any consequential damages, general or special, indirect or incidental including loss of earnings or profit, arising from the delivery contemplated hereunder, regardless of the cause of such delay.
This limitation of liability shall apply whether or not from negligence, from loss or damage to the goods and/or delivery, failure to deliver or delay in the delivery of the goods for which the Carrier may be liable and notwithstanding any disclosure of the nature of extraordinary value of the goods.
NOTICE OF CLAIM
The Carrier shall not be liable for loss, damage or delay for any goods carried under the Bill of Lading unless Notice thereof setting out particulars thereof is given in writing to the originating Carrier or the Delivering Carrier within sixty (60) days after delivery of the goods or in the case of failure to make delivery within nine (9) months of the date of shipment.
Interest at 2% per month will be charged on all overdue accounts.
The Carrier will accept no C.O.D. shipments unless otherwise agreed to in writing.
The present Bill of Lading constitutes the only instrument and agreement between the Carrier and the Consignor and no employees or representatives of the Carrier is authorized to add or modify any provisions of this document and agreement.