1. Definitions

The following definitions will complete the transport contract, being applied to the conditions already established.

“We“, “us“, “our” – refers to Canada Expedite named as a service and all its subsidiaries and affiliates and their respective employees, agents or independent contractors.

“You”, “your” – refers to the person to whom this service is addressed: sender, exporter, consignee, importer, owner of the transported good, agent, representative or any other party that has a legal right to the contents of the shipment. It is your duty to notify the “ Transport terms and conditions” to all persons representing you.

“Bill of Lading“, abbreviated: “B/L” – is the shipping sheet that includes the shipping details. This document is NON – Negotiable.

“Transport”, ” shipment” – includes all operations and services related to a shipment entrusted to us.

“Shipment“, “the shipment“, “shipments” – means any kind of accompanying documents, articles or goods, parcels, packages or goods traveling with a single B/L, accepted by us for transport and described or identified on the face of the B/L.

2. The parties between which the contract is concluded.

“Transport terms and conditions” represent a legal contract between “Us” şi “You”.

You will conclude the contract with Canada Expedite representatives or with any of the companies contracted by us to carry out the shipment. These “Terms and Conditions” also protect everyone who contracts with us to collect, transport or deliver your shipment.

3. Acceptance of transport conditions.

When you hand over the shipment to us, you accept the “Terms and Conditions” of this contract of transportation both for yourself and for any other person who may have an interest in that shipment, regardless of whether or not they signed the B/L . You acknowledge that the B/L was completed by you or us on your behalf. If you entrust us with a shipment accompanied by written or verbal instructions that contravene this contract, Canada Expedite will not be held liable for these instructions

4. We, appointed as agent.

We are designated as your “agent” in order to carry out on your behalf the operations of import, export, representation in customs, release of shipment, as well as related services and subsequent to customs operations. At the same time, certify that we have permission to appoint a customs agent for them.

5. Certification of the provided information.

You certify that the statements you make regarding the export or import of a shipment are true and you understand that any fraudulent or false statement about the shipment or its contents exposes you to the risk of civil or criminal charges against you. You are responsible to make available, if necessary, the additional documentation requested by the customs authorities at your cost. All expenses (fines, storage fees, handling, etc.) arising as a result of an action by the customs authority or a government authority, as well as those generated by the inability of the sender or recipient to provide the necessary documentation will be charged to you.

6. Prohibited shipments.

Canada Expedite DOES NOT ship goods the movement of which is prohibited by any law, regulation or statute of any federal, state or local government in any country to or through which the package is moving as well as: firearms or parts and ammunition, animals, jewellery, bullion, precious metals and stones, antiques, traveler’s cheques, money, blank cheques, promissory notes, stamps, perishable food, furs, hazardous and combustible materials (according to IATA regulations), narcotics, obscene or pornographic material.

7. Limits of liability.

WE ARE NOT RESPONSIBLE for losses, destructions, delays, wrong deliveries, non-deliveries, takeovers, confiscations, loss of income or profit, direct or indirect, even if you have notified us of the occurrence of these damages, due, but not limited to:

a) improper or insufficient packaging, securing, marking, addressing of the shipment by you, even if it has been accepted by us;

b) unaccepted, prohibited or prohibited submissions;

c) events beyond our control, induced by calamities or acts of nature which will include earthquakes, cyclones, storms, floods, fires, epidemics, snow, frost, fog, electrical or magnetic damage or the deletion of photographic, electronic images, records or data;

d) mechanical breakdowns of transport means or equipment;

e) defects or latent defects in the shipment;

f) blockages, local, national or international interruptions of air, road, sea or rail transport;

g) force majeure including strikes, embargoes, war, accidents, local disputes, quarantine, hijacking, theft of shipment under threat by thieves;

h) any action or omission by a person not employed or contracted by us, including public authorities, government, shipper, recipient, third party;

i) errors, discrepancies, omissions or incorrect statements provided by you regarding the shipment;

j) controls, inspections, detentions, confiscations, sampling by the customs authority or other government authorities;

k) breach of any term of this contract.

8. Inspection.

You agree that we, as well as any national authority including customs authority, may open and inspect (without obligation) the shipment without your prior consent. If the inspection is by x-ray scanning, you may not make any claim for damages caused by scanning.

9. Right of Rejection.

We have the right to reject, cancel, stop the shipment:

• when it will cause the delay or destruction of other shipments, equipment or personnel;
• is forbidden or prohibited by law;
• violates any of the terms and conditions of transportation.

10. Transport routes.

The routes and methods of transportation of your shipment are at the discretion of Canada Expedite. You authorize us to choose a transport company to carry out the shipment by air, sea, road, rail. We reserve the right to change shipping routes and carriers depending on the equipment and space intended for shipment. We do not deliver to PO Box addresses.

11. Tariffs, taxes and other costs.

You agree to pay the cost of transportation between the two locations specified on the B/L, according to the rates in effect on the date of transportation or according to those separately agreed with you. Our rates apply to the greater of physical weight and volumetric weight (obtained using the volumetric conversion relationship: length x width x height (cm) divided by 6000) and any shipment may be re-weighed and re-measured by us to confirm this calculation. You will pay or reimburse Canada Expedited for all shipping charges, storage fees, special handling, customs duties and other charges due for services provided or contracted by us on your behalf, and all necessary claims, damages, fines and expenses if the shipment is deemed not accepted for carriage, according to section 6. Even if you have given us certain payment instructions or have arranged with the recipient or a third party to pay the cost of the transport and/or any other taxes, duties or additional costs, we assume the right to recover these costs from you. in the event that the recipient, importer or third party refuses to make this payment. Canada Expedite will return the shipment to you, with the cost of taxes and shipping being borne by you. In the event of your refusal to pay, within 30 days of written or electronic notice Canada Expedite has the right of retention on the goods carried without any liability of any kind to you or anyone else. By this contract, you appoint Canada Expedite as an intermediary agent for customs representation and clearance of the shipment. If named Canada Expedite subcontracts this activity, you hereby certify that named Canada Expedite is free to appoint a customs agent to perform customs clearance. If the customs authorities request additional documentation to confirm the import/export operation or for customs clearance, it is your obligation to provide it at your own expense. If you want the customs clearance operation to be performed at a different customs point other than the one where we perform this service, you will bear the additional transit costs. Shipping Tax Excludes (if/applicable): Charge of: port (any), terminal, dock handling, container demurrage/detention, etc.; Customs or sanitary examination/inspection fee, X-ray fees, import fees or any kind of import or transit related fees, fumigation fee, cost for physical inspection by customs or expenses for repacking or extra transportation after physical inspection; Charges/costs of delivery to residences with abnormal access that require either a special transport service, and/or the arrangement of parking permits or parking fines, or any other additional costs incurred for delivery; Charges for third-party NVOCC companies (common carriers without their own means of transport), fuel surcharges or currency adjustment factor or any other charge, or costs of providing packaging for delivery to the destination; The storage fee at the destination or during transit is applied if the recipient / customer does not present at the request of the Authorities legal document(s), necessary for the preparation of the import formalities of the goods / goods or any other documents (required by Any Legal, Customs, Sanitary Authority etc.) for granting customs clearance.

12. Canada Expedite’s Liability

Canada Expedite contracts with you on the basis that Canada Expedite’s liability is strictly limited to direct loss and the per kg/lb limits in this section. All other types of loss or damage are excluded (including but not limited to loss of profits, interest, future business), even if these are special or indirect and even if the risk of such loss or damage has been brought to our attention before or after acceptance of shipment, so long as you can insure against special risks. If a shipment combines air with road or other transportation, it will be assumed that any loss or damage occurred during the air transportation period, unless proven otherwise. Canada Expedite’s liability in respect of any shipment carried shall, notwithstanding section 7, be limited to its stated or actual monetary value and shall not exceed the greater of $100 per shipment or: $20.00/kg or $9.07 /lb for shipments carried partly or wholly by air applying the provisions of the Warsaw Convention of 1929 governing the extent of liability for loss, destruction or: $10.00/kg or $4.54/lb for consignments carried wholly by road (does not apply to the United States) if traveling under the Convention for International Carriage by Road of 1956 (CMR), for the loss or destruction of the shipment in whole or in part. In the event of a delay of more than 60 days, if the customer can prove that he suffered losses due to the delay due to us, our liability is limited to the return of the fees (amounts) paid for carrying out the transport (in proportion to the whole transport or for the affected transport fraction). Claims are limited to one claim per shipment, the settlement of which will be the full and final settlement of any loss or damage related to that shipment. If you consider these limits insufficient, you have the right to make a special declaration of value and to apply for insurance as described in section 13 or to take out your own insurance, failing which you assume all risk of loss or damage.

13. Shipping insurance (not valid for documents).

Canada Expedite can obtain insurance for you to cover the actual cash value of physical loss or damage to the shipment, provided you complete the insurance section of the B/L and pay the appropriate insurance premium. Shipping insurance does not cover indirect loss or damage or loss or damage caused by delay. Canada Expedite is committed to transporting/delivering packages safely and quickly. Canada Expedite does NOT assume responsibility for package packaging. The customer is solely responsible for ensuring adequate packaging for shipping.

Insurance – the amount that can be reimbursed (conditions apply*) in case of loss, total destruction of the parcel. The shipping fee is NEVER refundable. Only the insurance amount is refundable (conditions apply*). Only for maritime transport, the Canada-Romania route (Economy service) an insurance of 50 CAD/parcel is included (conditions apply*). The other services (sea to countries other than Romania, air to any destination) do NOT include any insurance in the transport rate. The customer has the right to include a higher insurance than that included in the transport rate, paying an insurance premium of 6%.*

Conditions for reimbursement of the insurance included in the price, in case of non-delivery of the package: the package must be adequately packed (we have the right to refuse the reimbursement of the insurance, if it is found that the respective package was packed inadequately).

Improper packaging: soft cardboard box, package with gaps/not sufficiently filled, goods that can break/leak from the package.

The CAD 50 insurance included in the Canada-Romania shipping rate is refunded in the event of non-delivery of the package, in the form of a voucher/discount for future shipments, only with Canada-Romania shipping.

The insurance included in the Canada-Romania maritime transport tariff is 50 CAD, but it cannot exceed the value declared for customs, value that is declared by the Shipper and indicated on the bill of lading. Thus, if the value declared for customs indicated on the BL is less than CAD 50, then in the event of non-delivery of the package, the amount refunded in the form of a discount / voucher will be the value declared for customs. If the respective customer included additional insurance, only that difference for which the 6% insurance premium was paid can be reimbursed in money (cash or check).

14. Complaints.

The complaint must be submitted in writing to the Canada Expedite headquarters within a maximum of 2 months from the date of receipt by Canada Expedite. The complaint must include all relevant data regarding the loss, destruction or delay produced. We will consider the shipment as delivered in good condition if the recipient does not make any reference on the transport document at the time of receiving the package. In order for us to consider a complaint, depending on the situation, you must also provide the original packaging for the purpose of expertise. Shipping charges must be paid and you are not entitled to deduct amounts from shipping charges. In case of non-compliance with these conditions, Canada Expedite will have no liability. Both the sender and the recipient undertake to Canada Expedite that you will not allow any third party having any interest in the contents or the shipment itself to bring a claim or action against Canada Expedite, even if it is caused by our negligence. If such claim or action is brought, you will indemnify us against all consequences of such claims, including the costs of settling such actions or claims. The storage time, following a maximum of 3 notices, is 6 months, after which the shipment can be sold, thrown away or become the property of Canada Expedite. The time to resolve the complaint is a maximum of 3 months.

15. Governing Law.

Any dispute arising out of or in connection with these “Terms and Conditions” will be resolved amicably. Otherwise, the dispute will be submitted for the benefit of Canada Expedite to the non-exclusive jurisdiction of the courts of, and governed by, the laws of the country of origin of the shipment, and you will irrevocably submit to such jurisdiction, unless it is contrary to law applicable. The deadline for filing a summons is 6 months.

16. Individual Validity.

If any provision is invalid or unenforceable, this will not affect the rest of the Terms and Conditions. If the volumetric weight is greater than the one by weighing, this weight will be taken into account

Volumetric weight = length (cm) x width (cm) x height (cm) / 6000

17. Legal Terms.

An integral part of the Canada Expedite Terms and Conditions of Carriage are also the Terms and Conditions of Carriage of the shipping line with which the container will be transported:

Hapag-Lloyd: MSC: https://www.msc.com/can/contract-of-carriage

CMA-CGM: https://www.cma-cgm.com/legal-terms

Or any other shipping line that has Terms and Conditions or Online Shipping Legal Terms.

An integral part of the Canada Expedite Terms and Conditions of Carriage are also the Terms and Conditions of Carriage of the airline with which the parcels/goods will be transported:

Air France-KLM Cargo: https://www.afklcargo.com/CA/en/common/about_us/local_conditions.jsp