Definitions and Interpretations
The following clarifications govern the application of terms, obligations, and limitations within this document and any associated service agreements.
“Force Majeure” – Scope of Excusable Delay
Force majeure includes acts of God, war, terrorism, government-imposed restrictions, border closures, labour disruptions, and severe weather events that directly prevent performance. The event must be beyond the carrier’s reasonable control and not attributable to its negligence. The carrier must notify the shipper within 48 hours and provide periodic updates. Performance is suspended only for the duration of the event; the carrier is not liable for delays caused by force majeure but must resume operations as soon as practicable.
“Dangerous Goods” – Classification and Carrier Discretion
Dangerous goods are defined under the Transportation of Dangerous Goods Act, 1992, and include any substance listed in Schedule 1, 2, or 3 of the TDG Regulations. The shipper must provide a valid safety data sheet and properly completed shipping documentation. The carrier reserves the right to refuse any shipment that is not correctly classified, packaged, or labelled. If a shipment is accepted and later found to be non-compliant, the carrier may return it to the shipper at the shipper’s expense, and the shipper indemnifies the carrier against all resulting penalties and claims.
“Transit Time” – Commencement and Interruptions
Transit time begins when the carrier takes physical possession of the goods at the origin and ends when the goods are made available for pickup at the destination. It does not include time spent awaiting customs clearance, border inspections, or regulatory holds. If the shipper requests a change in routing or delivery location after the shipment is in transit, the carrier will accommodate the change where feasible, but the transit time is recalculated from the date of the change request. The carrier is not liable for delays caused by third-party inspections or acts of public authorities.
“Liability Limit” – Calculation and Exclusions
Unless a higher value is declared and additional charges are paid, the carrier’s liability for loss, damage, or delay is limited to the lesser of the actual value of the goods or CAD 2.00 per kilogram per package, subject to a maximum of CAD 100,000 per shipment. This limit applies regardless of the cause of loss, including negligence, unless the loss results from the carrier’s wilful misconduct or gross negligence. The shipper must declare the value of the goods in writing at the time of booking. No claim for consequential, incidental, or special damages is accepted.
“Notice of Claim” – Time Bars and Documentation
Any claim for loss, damage, or delay must be submitted in writing to the carrier within 10 business days of delivery or, in the case of non-delivery, within 15 business days of the scheduled delivery date. The claim must include the original bill of lading, photographs of the damaged goods, and a detailed inventory of the items affected. Failure to provide timely notice releases the carrier from all liability. The carrier will acknowledge receipt within 5 business days and will issue a final decision within 30 business days of receiving all required documentation.
“Subcontracting” – Third-Party Carriers and Liability
The carrier may subcontract any portion of the transportation to third-party carriers, including rail, marine, or air operators, without prior notice to the shipper. The carrier remains responsible for the performance of its subcontractors, but the shipper agrees that the liability of any subcontractor is subject to the same limits and exclusions as those set out in this agreement. The shipper may not bring a claim directly against a subcontractor unless the carrier fails to respond within the time frames specified in the notice-of-claim clause.