| 1. |
Services A&B Courier Service
Limited in conjunction with its affiliates is engaged
in the transportation of shipments by the following
services: Overnight Service-Canada, USA Sameday Service-Canada
Rush Service-Canada Direct Service-Canada 9:30 A.M.
Service-Canada 10:30 A.M. Service-Canada, USA Air
Service-Canada, International, USA Ground Service-Canada,
USA Saturday Service-Canada, USA The services offered
to the customer are in accordance with the terms and
conditions set out herein and in accordance with A&B
Courier's published and or specified rates. |
| 2. |
Commodities
Serviced & Restrictions A&B Courier
offers services of general commodities, as usually
defined, subject to the following restrictions: |
| 2.1 |
Maximum Weight & Size No service
shall be rendered in the delivery of any shipment:
exceeding 240 centimetres or 96 inches in length,
or exceeding a total of 330 centimetres or 130 inches
in length & girth combined, or weighing more than
68 kilograms or 150 pounds
|
| 2.2 |
Maximum Value Maximum Value or declared
value per package is $1000.00. The maximum A&B
Courier liability is the lesser of $1.50 per pound
or $ 50.00 unless the shipper and A&B Courier
specifically agree otherwise in writing. No service
shall be rendered in the delivery of shipments of
unusual value For all shipments, domestic and international,
jewelry (other than costume jewelry) is limited to
a maximum value of $500.00 per package
|
| 2.3 |
Tenders No Service shall be rendered
in the transportation of tenders. Should a customer
ship a "tender" without written approval from A&B
Courier, A&B Courier will not be held responsible
in any manner, financially or otherwise, for the consequences
of failure to deliver a shipment by a stipulated time.
|
| 2.4 |
No Dangerous Goods: No service shall
be rendered in the transportation of any dangerous
goods/hazardous materials which are subject to regulation
by the International Air Transport Association(IATA),
the International Civil Aviation Organization(ICAO),
or the Canada Transportation of Dangerous Goods Act.
|
| 2.5 |
Consumer Commodities Items classified
as "consumer commodities" by Transport Canada are
accepted via A&B Courier ground service within
Canada. Some restrictions apply in areas not accessible
by ground. Call A&B Courier for details.
|
| 2.6 |
Items Prohibited by A&B Courier
No service shall be rendered in the transportation
of any of the prohibited items listed below: alcoholic
beverages animal skins, non-domesticated articles
of unusual value cash, notes, currency contraband
dangerous goods/hazardous materials firearms furs
gem stones ivory live animals perishables personal
effects (except between Canada & the USA) plants,
including cut flowers pornographic materials seeds
tobacco unaccompanied baggage any shipment which,
in our judgment, could cause damage or delay to equipment,
personnel or other shipments This list may be amended
from time to time by A&B Courier.
|
| 2.7 |
Perishable & Thermal-sensitive Goods
A&B Courier 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.
|
| 2.8 |
Prohibited
by Law No service shall be rendered by A&B
Courier in the transportation of any shipment which
is prohibited by law or regulations of any federal,
state, provincial, or local government in the origin
or destination countries. |
| 3. |
Right
of Inspection A&B Courier reserves
the right to open and inspect any shipment tendered
to it for transportation. |
| 4. |
Reweigh
A&B Courier reserves the right to reweigh
shipments, notwithstanding that a weight has been
declared on the shipping document. The reweighed
weight determined by A&B Courier may be applied
for the assessment of rates, and the shipper agrees
to pay same. |
| 5. |
Refusal of Shipments A&B Courier reserves
the right to refuse any package which by reason is
dangerous or any other character of it's contents
is liable, in judgment of A&B Courier, to soil,
taint, or otherwise damage other merchandise or equipment,
or which is economically or operationally impracticable
to transport, or which is improperly packaged, wrapped,
or labeled. |
| 6. |
Proper Packaging & Labeling Packages
must be packed or wrapped to pass the test set forth
in International Safe Transit Association Project
1-A (or Project 1 for packages weighing over 100
pounds or 45.5 kilograms). A&B Courier will
accept non-packaged goods, providing the packages
will not pose any danger to the driver or any other
freight on board the vehicle. The customer acknowledges
that they are risking possible damage to a shipment
by shipping via this method, and A&B Courier
will not take responsibility for poorly packaged
shipments. A&B Courier cannot deliver to a P.O.
Box and or a Rural Route number. Shipments require
a street address including apartment/suite/unit
numbers and the consignee's telephone number on
all packages comprising the shipment. Multiple-piece
shipments (as defined in section 7.1) must be labeled
with the full delivery address on each piece and
each piece individually marked 1of 3, 2of 3, 3 of
3, etc. Shipments sent to P.O. Box or Rural Route
numbers are subject to an additional charge and
may be delayed one or more days to locate the consignee. |
| 7. |
Rates Refer to your rate guide
in effect at the time of shipping for specific rates.
Call A&B Courier for details. |
| 7.1 |
Multiple-Piece Shipments All shipments
covered under a single A&B Courier waybill are
considered a single shipment for the purpose of calculating
shipping charges. |
| 7.2 |
Rounding Measurements Shipment dimensions
must be rounded off to the closest whole centimetre
or inch. Shipment weights must be rounded up to the
next whole kilogram or pound. |
| 7.3 |
Chargeable Weight Service charges
are based on the greater of the dimensional weight
of the shipment or the gross weight of the shipment.
Dimensional weight is based on the current International
air Transport Association (IATA) volumetric standard,
which is subject to change without notice. Dimensional
weight is calculated by multiplying length x width
x height of each package in centimetres and dividing
by 6000 for dimensional weight in kilograms. (If
multiplied in inches, divide by 166 for dimensional
weight in pounds.) When a shipment exceeds 200 centimetres
or 84 inches in length and girth combined, but weighs
less than 14 kilograms or 30 pounds, it will be
considered an "Extra Large" package and rated as
though it weighed 14 kilograms or 30 pounds.
Additional
Charges Shipments may incur additional
charges along with their base rates resulting from
special requirements of the shipment. |
| 8.1 |
Declared Value Premium/Insurance Coverage
Against Loss or Damage Insurance coverage
is available through A&B Courier at a flat rate
of $5.50. The customer agrees and acknowledges that
the amount of available insurance coverage is limited
to the maximum amount stated in point 2.2
|
| 8.2 |
Saturday Delivery Charge An additional
premium is applicable for each package delivered on
a Saturday. The shipper must inform an A&B Courier
customer service representative of their intent to
have a shipment delivered on a Saturday. The shipper
will then be advised the availability of Saturday
Service to the requested destination. If the Saturday
Service destination is available, the shipper will
then be instructed on how to mark the A&B Courier
waybill.
|
| 8.3 |
Freight-Collect or Third Party Billing Charge
This charge only applies to domestic shipments.
An additional charge may be assessed when a shipper
requires A&B Courier to invoice a third party
or the consignee. Either/or must have an A&B
Courier 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 fail to pay the invoice.
A&B Courier reserves the right to place the
customers on a cash only basis as well as any other
legal rights and remedies available to it. |
| 8.4 |
Redirect Charge (Address Correction Charge)
If A&B Courier is unable to deliver any shipment
because of an incorrect address, A&B Courier will
make best efforts in locating the proper destination
address. Once the correct address is located A&B
Courier will proceed to attempt to deliver the shipment
at an additional charge. |
| 8.5 |
C.O.D. Service Charge (Available in Canada
Only) A&B Courier provides return of
the consignee's payment to the shipper, typically
within ten days after delivery of the shipment. A&B
Courier will collect payment in the form of cheque,
bank draft, certified cheque, money order, or cash.
If the shipper requires payment in cash, this requirement
must be written on the waybill attached to the shipment.
A&B Courier then reserves the right to accept
cash, bank draft, certified cheque, money order or
other similar instruments issued by or on behalf of
the consignee. All cheques must be made payable to
the shipper. (Not A&B Courier) and will be returned
to the shipper. A&B Courier must be notified within
14 days from the date of the shipment if C.O.D payment
has not been received. For all C.O.D. shipments: It
is the shipper's responsibility to notify the consignee
prior to shipping that the shipment requires payment
upon delivery, and what forms of payment are acceptable
An additional charge based on the requested type of
service for the return of the C.O.D., as stated in
the rate guide in effect at the time of shipping,
is applicable for each shipment. If the consignee
refuses to provide the required payment, A&B Courier
will inform the shipper of the situation and request
further instructions. In cases where A&B Courier
made best efforts to contact the shipper, but to no
avail, the shipment will be returned to the shipper.
A&B Courier's liability is limited as follows:
All cheques (including bank drafts and certified cheques)
and money orders tendered in payment of C.O.D.S will
be accepted by A&B Courier at the shipper's risk
including, but not limited to, risk of non-payment
and forgery, and A&B Courier shall not be liable
on any such instrument. |
| 8.6 |
Beyond Point Surcharges An additional
charge may be assessed for shipments picked up from
or delivered to certain extended points which are
beyond the normal A&B Courier service area. |
| 8.7 |
Return of Undeliverable Shipments
See "Return of Undeliverable Shipments within Canada"
(point 9) and "Special Handling of International Undeliverable
Shipments" (point 10). |
| 8.8 |
Rural Route/P.O. Box Charge A&B
Courier can not 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. |
| 8.9 |
Re-Attempted
Delivery Charge If for some reason, A&B
Courier is unable to deliver a shipment, the shipper
will be notified of the circumstances surrounding
the failed attempt, and will request further instructions.
If the shipper requests A&B Courier re-attempt
the deilvery an additional charge will apply. See
your price schedule for cost. |
| 8.10 |
Deadcall Charge (Unavailable Pick-ups)
If A&B Courier is unable to make pick up of a
shipment, the shipper will be informed and a dead
call charge will be assessed. |
| 8.11 |
Waiting
Time Charge A "Waiting Time Charge" will
apply for every 15 minute interval an A&B Courier
driver has to wait for either a pick up or delivery
of a shipment. Refer to your price schedule for costs.
|
| 8.12 |
Messenger
Service Vehicle Charge Additional charges
may apply for customers requesting specialized vehicles
for delivering messenger shipments. (ie van, 5 ton
vehicles, pick up truck etc.) |
| 8.13
|
Hard
Copy Proof of Delivery Charge An additional
charge will apply for those requesting a copy of the
signed waybill via fax or mail. Please refer to your
price schedule. |
| 9. |
Return
of Undeliverable packages within Canada Shipments
which are sent "prepaid" by the shipper and which
are refused by the consignee or which for any other
reason cannot be delivered, will be promptly returned
to the shipper without additional charge. Shipments
which are sent "collect" or "third party" by the
shipper and which are refused by the consignee,
or which for any other reason cannot be delivered,
shall be promptly returned to the shipper with all
shipping and additional charges billed to and paid
for by the shipper. |
| 10. |
Special
Handling of International Undeliverable Shipments
|
| 10.1 |
For Shipments sent by 10:30 a.m., Air, Overnight
& Saturday Delivery Shipments refused
by consignee or which for any other reason cannot
be delivered, will be held and the shipper will
be contacted for further instructions. The shipper
will be responsible for payment of all other charges
including, but not limited to, forwarding, disposal,
or return transportation charges, as well as any
duty and tax if applicable. |
| 10.2 |
Ground Service to the U.S.A. Shipments
refused by the consignee or which for any other
reason cannot be delivered, will be promptly returned
to the shipper without additional charge for transportation.
The shipper will be responsible for payment of any
applicable duty, tax and brokerage charges. |
| 11. |
Provision
for Customs Clearance of International Shipments
|
| 11.1 |
Export Documentation The shipper
must provide the required documentation for customs
clearance, except for envelopes which do not require
export documentation. By providing this documentation,
the shipper certifies to A&B Courier that all
statements and information relating to exportation
and importation are true and correct. There are
civil and criminal penalties including the forfeiture
and sale of the shipment that may be imposed for
making false or fraudulent statements. |
| 11.2
|
Payment
of Additional Expenses Customs penalties,
storage charges, or other expenses incurred as a result
of an action by Customs or failure by the shipper
or consignee to provide proper documentation or to
obtain a required licence or permit, will be charged
to the consignee along with any applicable duty and
tax. However, the shipper is liable for payment if
the consignee does not pay. Additional charges may
apply for complex customs clearance procedures which
include, but are not limited to: clearance procedures
involving a government agency customs bonds drawbacks
formal entries involving more than five tariff lines
live entries marking attendance temporary import bonds.
|
| 12 |
Invoicing
Options A&B Courier provides several
invoicing options. Within Canada-Collect, Prepaid,
Third Party Internationally-Prepaid The following
explains the meanings of the invoice options: Collect-The
consignee pays all the shipping charges, and the
destination country's duty and tax if applicable.
This option is not available for International shipments.
Prepaid-The shipper pays all the shipping charges
including additional charges. The consignee pays
the destination country's duty and tax, if applicable.
Third Party-The shipper may request that their portion
of the shipping charges be invoiced to an alternative
party. The alternative must have an A&B Courier
account. |
| 12.1 |
All Invoicing Options The shipper
must notify the consignee prior to shipping if any
option other than "prepaid" is selected and the
invoicing option required must be indicated on the
appropriate A&B Courier pick up record in
the space provided. The shipper is liable for payment
in the event of non-payment by the consignee or
the alternative party. |
| 13. |
Proof
of Delivery (P.O.D.) Delivery can be verified
by calling A&B Courier. |
| 13.1 |
Verbal Proof of Delivery Verbal
confirmation of delivery is available to both the
shipper and consignee. The proof of delivery will
consist of the name of the person who signed for
the shipment, the time and date the shipment was
delivered. |
| 13.2 |
Hard Copy Proof of Delivery Upon
request, A&B Courier will provide hard copy proof
of delivery via mail or facsimile. Hard copy proof
of delivery includes the time and date of delivery
and the signature of the person who accepted the delivery.
Additional charges apply for this service. |
| 14. |
Service
Guarantee In the event A&B Courier
fails to complete delivery or attempt delivery,
within the time commitment, the shipper will be
entitled to claim a credit of the shipment's transportation
charges. |
| 14.1 |
Terms and Conditions of Guarantee
The service guarantee for on-time delivery is subject
to the following conditions: A&B Courier's guaranteed
delivery schedule must state that the destination
point qualifies for the service commitment from
the origin point. The shipment must be properly
documented on an A&B Courier pick up record
and each package in the shipment must bear the appropriate
A&B Courier waybill. Each package in the shipment
must be properly labeled, including From/To address
and postal or ZIP Code. For 9:30 a.m. , 10:30 a.m.,
and Saturday deliveries, the appropriate information
must be recorded on the waybill and A&B Courier
must be made aware of the required service at the
time of order. For International shipments, all
applicable documentation required by the origin
and/or destination country must be complete and
included with the shipment. The shipment must be
tendered to A&B Courier during A&B Courier's
published business hours. A&B Courier must be
notified of a service failure in writing or by telephone
within fifteen (15) calendar days from the date
of scheduled delivery and must be advised of the
consignee's name, address, date of shipment, package
weight, the A&B Courier control number and waybill
number. |
| 14.2 |
Limits & Restrictions The on-time
delivery guarantee does not apply to shipments which
are delayed due to causes beyond A&B Courier's
control including, but not limited to the following;
the unavailability or refusal of a person to accept
delivery of the shipment, delays caused by the consignee,
acts of God, the Queen's or public enemies, public
authorities, acting with actual or apparent authority
on the premises, acts or omissions of customs or
similar authorities, riots, strikes or other labour
disputes, civil commotions, disruptions in the air
or ground transportation network, authority of law,
defect or inherent vice in the goods shipped, and
nuclear reaction, radiation or radio active contamination.
|
| 15. |
Responsibility
for Loss or Damage The amount of loss or
damage for which A&B Courier may be held liable,
shall not exceed the lesser of $1.50 per pound or
$50.00, unless the shipper and A&B Courier specifically
agree otherwise in writing. The maximum amount A&B
Courier will be held liable for will not exceed $1000.00
CD. |
| 15.1 |
Terms and Conditions for Coverage Against
Loss or Damage When using an A&B Courier
waybill, $50.00 of coverage automatically applies
to the value of the shipment. The maximum value or
declared value per shipment is $1000.00 and the maximum
A&B Courier liability per shipment is $1000.00.
For all shipments (domestic and international) jewelry
is limited to a maximum value of $500.00 per shipment.
The rules relating to liability established by the
Convention for the Unification of Certain Rules Relating
to International Carriage by Air signed at Warsaw,
Poland on October 12, 1929, and any amendments thereto,
may apply to the carriage of international shipments.
Notice of loss or damage must be given to A &B
Courier within 24 hours after such loss or damage
becomes known, and in writing within 15 days after
the shipment is accepted by A&B Courier. In the
event a claim is made for concealed damage, the customer
must notify A&B Courier within 48 hours from the
time the goods were delivered. A&B Courier is
not liable for any special, incidental or consequential
damages. All claims are subject to inspection of the
piece(s) delivered. Approved claims will be credited
to the customer's account, no refunds will be awarded. |
| 15.2 |
Procedures for Claims Claims may
be submitted to A&B Courier by telephone at
(905)853-4444 or in writing to: A&B Courier
Service Ltd. 31 Alexander Road Newmarket, Ontario
L3Y 3J2 Attention: Claims Department All claim notifications
must include shipment details, including address
information (from/to), date of shipment, package
weight, the A&B Courier control number, 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. |
| 16. |
Interruption
of Service A&B Courier shall not
be liable for any interruption of delivery service
due to a cause beyond A&B Courier's control,
or due to strikes, lockouts or labour disputes.
For further details refer to Section 14.2 |
| 17. |
Delay
A&B Courier is not financially responsible
fro the consequences of failure to deliver a shipment
by a stipulated time. |
| 18. |
Taxes
All applicable Federal and Provincial taxes required
by law will be charged on all freight costs and
surcharges. The customer agrees to pay A&B Courier
any and all taxes assessed to their account. |
| 19. |
Payment
for Service A&B Courier's credit
terms require payment of all charges within fifteen
(15) days after the date of A&B Courier's invoice.
The shipper agrees to pay A&B Courier 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, A&B
Courier 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. |
| 20. |
Future
Changes Rates and charges are subject to
change without notice. |
| 21. |
Service
Some shipments may be shipped by surface transport
and/or handled by an A&B Courier service associate.
|