- Liability of Carrier
The carrier of the goods described in this contract is liable for any loss of or damage to goods accepted by the carrier or the carrier’s agent except as provided in this Schedule
- Liability of Originating and Delivering Carriers
Where a shipment is accepted for carriage by more than one carrier, the originating carrier and the carrier who assumes responsibility for delivery to the consignee (called the delivering carrier in this Schedule), in addition to any other liability under this Schedule, are liable for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are delivered and from which liability the other carrier is not relieved
- Recovery from Connecting Carriers
- 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 delivered the amount that the originating carrier or delivering carrier, as the case may be, is required to pay for the loss of or damage to the goods while they were in the custody of such other carrier.
- If there is a concealed damage settlement and the goods were interlined between carriers so that it is not clear as to who had custody of the goods when they were damaged, the originating carrier or delivering carrier, as the case may be, is entitled to recover from each of the connecting carriers an amount prorated on the basis of each carrier’s revenue for carriage of the damaged goods.
- Remedy by Consignor or Consignee
Nothing in Article 2 or 3 deprives a consignor or consignee of any rights the consignor or consignee may have against any carrier.
- Exceptions from Liability
The carrier shall not be liable for loss, damage or delay to any of the goods described in the contract of carriage caused by an act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, an act or default of the consignor, owner or consignee, authority of law, quarantine or difference in weights of grain, seed or other commodities caused by natural shrinkage.
No carrier is bound to carry goods by any particular public truck or in time for any particular market or otherwise than with due dispatch, unless by agreement that is specifically endorsed in the contract of carriage and signed by the parties
- Routing by Carrier
If the carrier forwards the goods by a conveyance that is not a public truck, the liability of the carrier is the same as though the entire carriage were by public truck.
- Stoppage in Transit
If 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.
- 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 the lesser of,
- the value of the goods at the place and time of shipment, including the freight and other charges if paid, and
- $4.41 per kilogram or $2.00 per pound computed on the total weight of the shipment
- Declared Value
If the consignor has declared a value of the goods on the face of the contract of carriage, the amount of any loss or damage for which the carrier is liable shall not exceed the declared value.
- Consignor’s Risk
- If it is agreed that the goods are carried at the risk of the consignor, that agreement covers only such risks as are necessarily incidental to the carriage and the agreement does not relieve the carrier from liability for any loss or damage or delay that results from the negligence of the carrier or the carrier’s agents or employees.
- The burden of proving absence of negligence shall be on the carrier.
- Notice of Claim
- No carrier is liable for loss, damage or delay to any goods carried under the contract of carriage unless notice of the loss, damage or delay 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 60 days after delivery of the goods or, in the case of failure to make delivery, within nine months after the date of shipment.
- The final statement of the claim must be filed within nine months after the date of shipment, together with a copy of the paid freight bill.
- Articles of Extraordinary Value
- No carrier is bound to carry any documents, specie or articles of extraordinary value unless by a special agreement to do so. ii. If such goods are carried without a special agreement and the nature of the goods is not disclosed in the contract of carriage, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in Article 9.
- Freight Charges
- If required by the carrier, the freight and all other lawful charges accruing on the goods shall be paid before delivery.
- If upon inspection it is ascertained that the goods shipped are not those described in the contract of carriage, the freight charges must be paid upon the goods actually shipped with any additional charges lawfully payable on the freight charges.
- If a consignor does not indicate that a shipment is to move prepaid, or does not indicate how the shipment is to move, it will automatically move on a collect basis.
- No party may bring any claim until all freight charges have been paid, and are not to deduct claim amounts from unpaid invoices relating to, or unrelated to this BOL or any other BOL with the Carrier.
- Dangerous Goods
Every person, whether as principal or agent, shipping dangerous goods without previous full disclosure to the carrier as required by law shall indemnify the carrier against all loss, damage or delay caused by the failure to disclose and such goods may be warehoused at the consignor’s risk and expense.
- Undelivered Goods
- If, through no fault of the carrier, the goods cannot be delivered, the carrier shall immediately give notice to the consignor and consignee that delivery cannot be made and shall request disposal instructions.
- Pending receipt of disposal instructions,
- the goods may be stored in the warehouse of the carrier, subject to a reasonable charge for storage, or
- if the carrier has notified the consignor of this 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.
17.Return of Goods
If a notice has been given by the carrier pursuant to paragraph i of Article 16, and no disposal instructions have been received within 10 days after 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.
Subject to Article 19, any limitation in the contract of carriage on the carrier’s liability and any alteration to the contract of carriage shall be signed or initialed by the consignor and the originating carrier or their agents and, unless signed and initialed, shall be without effect.
- It shall be the responsibility of the consignor to show correct shipping weights of the shipment on the contract of carriage.
- If the actual weight of the shipment does not agree with the weight shown on the contract of carriage, the weight shown on the contract of carriage may be corrected by the carrier.
- C.O.D. Shipments
- The carrier shall not deliver a C.O.D. shipment unless payment is received in full.
- The charge for collecting and remitting the amount of C.O.D. bills for C.O.D. shipments must be collected from the consignee unless the consignor has instructed otherwise on the contract of carriage.
- The carrier shall keep all C.O.D. money in a trust fund or account separate from the other revenues and funds of the carrier’s business
- The carrier shall remit all C.O.D. money to the consignor, or person designated by the consignor, within 15 days after collection
All parties shall bring any claim under the BOL in the Jurisdiction of the Region of Peel, whether Small Claims or Superior depending on the claimed amount.