Limitation of Liability
Maximum liability of two dollars per pound ($4.41 per kilogram), unless declared valuation states otherwise or as provided by special agreement in the Limitation of Liability section (see below).
- No carrier is liable for loss, damage or delay to any goods carried under the Bill of Lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in 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 make delivery, within nine (9) months from the date of shipment.
- The final statement of the claim must be filed within nine (9) months from the date of shipment together with a
copy of the paid freight bill.
Liability Exclusions
The carrier will not be liable for nor will any refund or credit be given for any direct, special or consequential loss or damage caused by:
a) damage to vehicle glass or vehicle body parts shipments; or
b) delay or non-delivery of any shipment except where resulting from carrier employee/agent theft or fraud.
Receipt & Freight
Received at the point of origin on the date specified, from the consignor mentioned herein, the property herein described, in apparent good order, except as noted (contents and conditions of contents of package unknown) marked; consigned and destined as indicated herein, which the carrier agrees to carry and to deliver to the consignee at the said destination, if on its own authorized route or otherwise to cause to be carried by another carrier on the route to said destination, subject to the rates and classification in effect on the date of shipment.
It is mutually agreed, as to each carrier of all or any of the goods over all or any portion of the route to destination, and as to each party of any time interested in all or any of the goods, that every service to be performed hereunder shall be subject to all the conditions not prohibited by law, whether printed or written, including conditions stated on this page, which are hereby agreed by the consignor and accepted for himself and his assigns.
Limitations of Liability
The amount of any loss or damage for which the carrier may be liable, shall not exceed $2.00 per pound ($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, and it is further agreed as a special agreement, and not withstanding any disclosure of the nature or extraordinary value of the goods, the amount of any loss or damage, including without limitation consequential, dental or indirect damages including loss of earnings or profits, in any manner resulting,whether or not from negligence or gross negligence, from loss of or damage to the goods and/or misdelivery, failure to deliver or delay in delivery of the goods, or for failure to return the cheque expected for which carrier may be liable to the consignor, owner, consignee and/or any third party whether in contract, tort or otherwise, shall in no event, exceed
(i) in the case of fundamental breach by carrier, the greater of an amount equal to carrier's maximum liability aforesaid and the amount of all freight and other charges paid hereunder,and
(ii) in any other case, an amount equal to carrier's maximum liability aforesaid.
Applicable Law
The contract for the carriage of goods listed in this bill of lading shall be deemed to include and be subject to the terms and conditions prescribed by law of the jurisdiction, where the goods originate, which if Saskatchewan and British Columbia, the regulations made pursuant to the Motor Carrier Act of each Prov; Manitoba, The Highway Traffic Act and Regulations thereto; Alberta, the Motor Transport Act and Regulations thereto.
Partial Invalidity
Any provision hereof prohibited by law shall to the extent prohibited be ineffective without invalidating any other provision hereof.
Modification of Contract
No agent, servant or representative of the carrier has the authority to alter, modify or waive any provision of this contract.
