Third Line Delivery Inc. Terms & Conditions of Service
I USE OF WEBSITE
1. Website Domains and Content
The websites, thirdlinedelivery.ca or thirdlinedelivery.com and its Content, may be changed, deleted or updated at any time without notice. thirdlinedelivery.com or thirdlinedelivery.ca is solely for the use of current and potential consignors of Third Line Delivery Inc. to interact with Third Line Delivery Inc. and may not be used by any other person or entity, or for any other purpose.
2. Limitation of Liability
Use of thirdlinedelivery.ca or thirdlinedelivery.com and its content is at your sole risk. Third Line Delivery Inc. will in no event be liable to any person or entity for any damages under any theory of law for any errors in the use, for the use or inability of use of thirdlinedelivery.ca or thirdlinedelivery.com and its content including without limitation and damages even if any person or entity advises Third Line Delivery Inc. of the possibility of such damages.
3. Indemnity
By way of use of this thirdlinedelivery.ca or thirdlinedelviery.com you agree to defend, indemnify and hold harmless Third Line Delivery Inc., its agents, their respective officers, directors, employees and representative from any and all claims arising from your activities conducted in connection with the aforementioned sites, including breach of terms and conditions.
4. Rate Quote
The rate quote provided by Third Line Delivery Inc., if shown, may be different than the actual charges for the quoted shipment. Differences may occur based on actual weight, dimensions and other factors.
II APPLICATION
The following provisions shall apply to all transportation of goods by for hire highways carriers licensed under the Motor Vehicle Transport Act (Canada R S C 1970 M-14) or under provincial statutes with the exception of the transportation of:
a) used household goods
b) livestock
c)bus parcel express shipments
d)the personal luggage of bus passengers
e)such other specific commodities as may be specified by provincial law
Hereinafter, the term Carrier shall refer to Third Line Delivery Inc. Consignor shall refer to the Shipper/Customer and Consignee shall refer to the Recipient of shipped goods.
III BILL OF LADING
1. A Bill of Lading shall be completed as provided herein for each shipment.
2. On each article covered by the Bill of Lading there shall be plainly marked thereon by the consigner, the name of the consignee and the destination thereof. This requirement does not apply in cases where the shipment is from one consignor to one consignee and constitutes a truckload shipment.
3. The Bill of Lading shall be signed in full (not initialed) by the consignor and by the carrier as an acceptance of all terms and conditions contained therein.
4. At the option of the carrier a waybill may be prepared by the carrier and the waybill shall bear the same number or other positive means of identification as the original bill of Lading.Under no circumstances shall the waybill replace the original Bill of Lading.
IV CONDITIONS OF CARRIAGE
1. Liability of Carrier
The carrier of the goods herein described is liable for any loss of or damage to goods accepted by him or his agent except as hereinafter provided.
2. Liability of Originating and Delivering Carriers
Where a shipment is accepted to carriage by more than one carrier the carrier issuing the Bill of Lading (hereinafter called the originating carrier) and the carrier who assumes responsibility for delivery to the consignee (hereinafter called the delivering carrier).In addition to any other liability hereunder are liable for any loss or damage to the goods while they are in the custody of any other carrier to whom the goods are or have been delivered and from which liability the other carrier is not relieved.
3. Recovery from Connecting Carrier
The originating carrier or the delivering carrier as the case may be is entitled to recover from any other carrier to whom the goods are to have been delivered the amount of the loss or damage that the originating carrier or delivering carrier, as the case may be, may be required to pay hereunder resulting from loss of or damage to the goods while they were in the custody of such other carrier.When shipments are interlined between carriers, settlement of concealed damage claims shall be prorated on the basis of revenues received.
4. Remedy by Consignor or Consignee
Nothing in articles 2 or 3 deprives a consignor or consignee of any rights he may have against any carrier.
5. Exceptions from Liability
The carrier shall not be liable for loss, damage or delay to any of the goods described in the Bill of Lading caused by an Act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor, owner or consignee authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural shrinkage.
6. Delay
No Carrier is bound to transport the goods by any particular vehicle or in time for any particular market or otherwise than with due dispatch, unless by agreement specifically endorsed on the Bill of Lading and signed by the parties thereto. The Carrier will not be held liable on any costs or penalties arising from late deliveries or missed appointments. The Carrier is not financially responsible for the consequences of failure to deliver a shipment by a stipulated time.
7. Routing by Carrier
In case of physical necessity where the carrier forwards the goods by a conveyance that is not a licensed for hire vehicle, the liability of the carrier is the same as though the entire carriage were by licensed for hire vehicle.
8. Stoppage in Transit
Where goods are stopped and held in transit at the request of the party entitled to so request the goods are held at the risk of that party.
9. Valuation
Subject to article 10, the amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence, shall be computed on the cases of:
a)the value of the goods at the place and time of shipment including the freight and other charges if paid, or
b)where a value lower than that referred to in paragraph (9) has been represented in writing by the consignor or has been agreed
upon, such lower value shall be the maximum liability.
10. Maximum Liability
The amount of any loss or damage computed under paragraph (a) or (b) of article 9 shall not exceed $2.00 per pound unless a higher value is declared on the face of the Bill of Lading by the consignor.
11. Consignor’s Risk
Where it is agreed that the goods are carried at the risk of the consignor of the goods, such agreement covers only such risks as are necessarily incidental to transportation and the agreement shall not relieve the carrier from liability for any loss or damage or delay which may result from any negligent act or omission of the carrier, his agents or employees and the burden of proving absence from negligence shall be on the carrier.
12. Notice of Claim
a)No carrier is liable for loss, damage or delay to any goods carried under the Bill of Lading unless notice thereofsetting out particulars of the origin, destination and date of shipment of the goods, package weight a detailed statement of what is being claimed 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 within the following time periods:
i) Damage Evident Upon Delivery Claims: Verbal notification within 24 hours and written notification within 15 days
ii) Concealed Damage Claims: Verbal notification within 48 hours of delivery and written notification within 30 days
iii) Loss/Failure to Deliver: Verbal notification within 24 hours and written notification within 60 days
from the date of shipment.
b) Verbal notification may be submitted by telephone at (647) 546-5641. Written notification may be submitted to:
Third Line Delivery Inc.
100-1075 North Service Rd. W.
Oakville, Ontario L6M 2G2
Attention: Claims Department
c)The final statement of the claim must be filed within (9) months from the date of shipment together with a copy of the paid freight bill.
funds from the consignee, delay, damage or loss of shipment.
13. Articles of Extraordinary Value
No carrier is bound to carry any documents, specie or any articles of extraordinary value unless by a written agreement to do so if such goods are carried without a written agreement and the nature of the goods is not disclosed hereon the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in article 10 above.
14. Freight Charges
a)If required by the carrier the freight and all other lawful charges accruing on the goods shall be paid before delivery and if upon inspection it is ascertained that the goods shipped are not those described in the Bill of Lading, the freight charges must be paid upon the goods actually shipped with any additional charges lawfully payable thereon.
b)Should consigner fail to indicate that a shipment is to move prepaid, or fail to indicate how the shipment is to move it will automatically move on a collect basis.
15. Fully Declared
The consignor warrants that the contents of the shipment are properly and fully declared, as well as being properly packed and labelled. The consignor shall ensure that The carrier has all the information and documentation necessary to comply with the laws and regulations of any country involved in the transportation of the shipment. The Carrier will not be liable for loss or damage incurred as a result of the consignor’s failure to meet this condition.
16. Dangerous Goods and Hazardous Materials
The Carrier reserves the right, at its discretion, to refuse shipment of any dangerous goods or 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 and Regulations (TDGR). The carrier may accept certain Dangerous Goods or Hazardous Materials for carriage provided that the consignor has provided full disclosure and obtained pre-approval by written agreement from the carrier. Prior to tendering any dangerous goods or hazardous materials to the carrier for carriage, it is a
consignor’s sole responsibility to comply with each of the following conditions:
a) Know the appropriate classification of the dangerous goods or hazardous materials;
b) Declare/identify the appropriate dangerous goods or hazardous materials option on the Bill of Lading, and provide all statements required by applicable laws in the “description” eld of the Bill of Lading;
c) Ensure proper packaging for the selected mode of carriage (i.e. ground) in accordance with applicable laws;
d) Properly mark and label each dangerous goods or hazardous materials piece in accordance with applicable laws and these Terms and Conditions;
e) Provide the appropriate documentation for the selected mode of carriage and retain such documentation in accordance with applicable laws;
f) Supply the appropriate placards (for external identification of dangerous goods or hazardous materials on the carrier’s vehicles) as required by applicable laws;
g) Be trained, including holding a training certificate where applicable, to perform any activities relating to dangerous goods or hazardous materials in accordance with applicable laws, including packaging and preparation for carriage. Consignors are required to comply with the most recent version of the TDGR and the most recent ICAO Technical Instructions.
Where a consignor has failed to comply with any of the above and foregoing conditions, in relation to tendering a dangerous goods or hazardous materials shipment, the carrier reserves the right to (i) refuse any such shipment for carriage, (ii) cancel and terminate any such shipment under carriage and charge the consignor for servicing the shipment and/or (iii) charge and invoice the consignor fees in addition to the applicable surcharge(s) to transport any such shipment and/or (iv) warehouse goods in shipment at the consignor’s risk and expense. Shipment of said goods by the carrier or any of its agents does not constitute full disclosure to the carrier or approval by the carrier. In the event that the carrier transports dangerous goods of hazardous materials tendered without the consignor’s compliance with the above conditions, the carrier assumes no liability whatsoever in respect of any loss and/or damage, delay, misdelivery or failure to deliver such goods, caused, directly or indirectly from such shipment delay, misdelivery or failure to deliver such shipment, and the consignor shall release and indemnify the carrier from and against any claims or liabilities related to the carriage, transport or delivery of any such dangerous goods or hazardous materials.
17. Prohibited/Restricted Articles
No service shall be rendered in the transportation of any of the prohibited items listed below. In the event that any such prohibited article is carried by the carrier, this does not constitute a waiver on the part of the carrier and the carrier shall have no liability whatsoever for delay, loss or damage to any such article, even if the consigner has entered a Declared Value on the shipping document. The consigner is prohibited from shipping articles of unusual value via the carrier. Articles of unusual value shall be deemed to include, but are not limited to: Currency, negotiable instruments (except cheques) and money orders; human remains in any form; any shipment that, in the carrier’s judgment, could cause damage or delay to equipment, personnel, or other shipments.
Unless agreed to in writing, the following articles are prohibited for carriage by the carrier:
animal products, non-domesticated; firearms; gem stones; industrial diamonds; ivory; unset precious stones; personal effects and unaccompanied baggage; tenders; alcohol; antiques; artwork; biological substances; ceramics; china; collectors’ items; confectionery products such as potato chips in any form, chocolate in any form, pastries and baked goods in any form; dangerous goods; diagnostic specimens; dry ice; firearms; furs; gem stones(prohibited internationally); glass, crystal; industrial diamonds (prohibited internationally); jewelry shipment in excess of $500; liquids; live animals, birds and insects; perishables; pottery; precious metals (any article containing more than 50% by weight of a precious metal); seeds (international approval only required); tobacco (based on provincial or other country law); live plants and cut flowers; pornographic materials; unset precious stones (prohibited internationally); watches containing more than 50% of a precious metal or any precious gem stone; or any shipment, in the carrier judgment, could cause damage or delay to equipment, personnel or other shipments; and any other prohibited items that vary by country.
The above list may be amended from time to time by the carrier. Shipments containing prohibited articles are transported at the consigner’s risk, including without limitation for delay, loss, theft or damage. In the event that any prohibited article enters the carrier's system without having obtained the carrier’s pre-approval, this does not constitute a waiver on the part of carrier and the carrier shall have no liability whatsoever for delay, loss, theft or damage to any such article, even if the consigner has entered a declared value on the shipping document. Pre-approval is defined as the carrier’s written consent, as evidenced by an agreement settling out the pre-approval article(s) to be transported, which is signed by authorized representatives of the carrier and the
consigner.
18. Right of Inspection:
Carrier reserves the right to open and inspect any shipment tendered to it for transportation, but is not obligated to do so.
19. Prohibited by Law
No service shall be rendered by the carrier 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.
20. Refusal of Shipments
The carrier reserves the right to refuse any shipment which by reason is dangerous or any other character of it’s contents is liable, in judgment of The carrier 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 labelled.
21. Perishable Commodities
The carrier 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 Consignor’s risk of damage occasioned by exposure to heat or cold. In the event that any perishable articles enters the carrier’s system without having obtained the carriers pre-approval, this does not constitute a waiver on the part of the carrier and the carrier shall have no liability whatsoever for delay, loss, theft or damage to any such article, even if the consignor has entered a declared value on the shipping document.
22. Undelivered Goods
a)Where through no fault of the carrier the goods cannot be delivered, the carrier shall immediately give notice to the consignor and consignee that delivery has not been made and shall request disposal instructions.
b)Pending receipt of such disposal instructions:
i)The goods may be stored in the warehouse of the carrier, subject to a reasonable charge for storage, or
ii)Provided that the carrier has notified the consignor of his intention the goods may be removed to and stored in a public or licensed warehouse, at the expense of the consignor, without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges including a reasonable charge for storage.
23. Return of Goods
Where notice has been given by the carrier pursuant to article 22a), and no disposal instructions have been received within 10 days from the date of such notice the carrier may return to the consignor, at the consignor’s expense, all undelivered shipments for which such notice has been given.
24. Alterations
Subject to article 25, any limitation on the carrier’s liability on the Bill of Lading and any alteration or addition or erasure in the Bill of Lading shall be signed or initialed by the consignor or his agent and the originating carrier or his agent and unless so acknowledged shall be without effect.
25. Weights
It shall be the responsibility of the consignor to show correct shipping weights of the shipment on the Bill of Lading.Where the actual weight of the shipment does not agree with the weight shown on the Bill of Lading the weight shown thereon is subject to correction by the carrier.
V BILLING AND PAYMENT
26. Payment
Non-Account consignors are required to pay for the carrier’s services at the time such services are requested or, if the carrier invoices the consignor, in accordance with the terms of the applicable invoice. Non-Account consignors are not permitted to pay for the carrier’s services by cheque and this form of payment will be rejected. Account consignors are required to pay for the carrier’s services within the calendar days indicated on the invoice from the date of invoice. Please refer to the invoice for methods
of payment accepted. Unless otherwise noted by the carrier, all invoices, bills, and other statements of account to the consignor regarding amounts owed by the consignor, is denominated in Canadian currency.
27. Late Payments and Non-Sufficient Funds
The carrier reserves the right to charge additional fees to the consignor for payments owing by the consignor beyond the time period specified in the invoice for the said payment. The Carrier, at its sole discretion, may charge additional fees to the consignor as a result of any NSF checks.
28. C.O.D. Shipments
The carrier shall not deliver a C.O.D. shipment. If C.O.D. shipment is carried by the carrier it does not constitute an agreement of service and the carrier shall in no way be held liable for collection of funds from the consignee, delay, damage or loss of shipment.
29. Rates
Unless otherwise stated, rates shown herein are expressed in Canadian dollars. Rates may be fixed fee, per pound or kilogram and/or other units per individual shipment covered by a single waybill from one consignor to one consignee. Weights will be rounded up to the next whole pound or kilogram, depending on the unit of measure utilized (excluding minimum charge).
30. Quotes
Any rate quoted for a shipment is an estimate only and is based solely upon information provided by the consignor. The actual service rate and additional charges that will be applied to a shipment, and for which a consignor will be invoiced, may vary from the rate quote based on the characteristics of the shipment actually tendered to the carrier. The Carrier is not liable, nor will the carrier refund or credit consignors, for any discrepancy between the rate quoted prior to tendering the shipment, and the actual service rate and additional charges applied to the shipment.
31. Right of Detention and Lien
Any shipment (and documents relating to the shipment) shall be subject to a particular and or general lien and right of detention for monies owing either in respect of such shipment, or for any particular or general balance or other monies owed to the carrier, whether past due or not, by the consignor.
32. Attempted Pick-up (Failure to Cancel or Unavailable Pick-up)
If the consignor has not cancelled a requested or scheduled pick-up and, upon arrival at a consignor’s premises or pick-up location, the consignor informs the carrier that no shipment will be tendered by such consignor and/or the consignor or its agents are not available to provide the shipment to the carrier, the consignor will be informed and an attempted pick-up charge will be assessed.
33. Taxes
Rates and charges are subject to all applicable government taxes. Rates and charges may also be subject to industry surcharges such as, but not limited to, fuel surcharges. Rates are subject to change without notice.
VI ENTRUSTING
34. Entrusting
By entrusting the shipment to the carrier, the consignor agrees to all the terms and conditions set out in the carrier’s Terms and Conditions.
Copyright (c) Third Line Delivery Inc. 2022
Third LINE DELIVERY INC.
1075 North Service Rd. W., Suite 100
Oakville, Ontario L6M 2G2