Acceptance
By placing an order with Friend’s Courier for pick-up and/or delivery, you agree to all of the terms and conditions stated herein.
Applicable Law
The laws of the province of Manitoba will govern these disclaimers, terms and conditions, without regard to any conflict of law provisions. You also agree and submit to the exclusive jurisdiction and venue of the courts of the province of Manitoba and acknowledge that you do so voluntarily. The parties agree to use their best efforts to resolve any dispute that may arise through good faith negotiations. The parties acknowledge their desire that any irreconcilable dispute or difference shall be resolved by mediation involving the appointment of a mutually acceptable mediator. The cost of any such mediation is to be shared equally by the parties. This is without prejudice to any other right or entitlement that they may have. If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language.
Indemnity
You shall indemnify and hold harmless Friend’s Courier against all liabilities, losses, claims, damages, costs and expenses of any nature whatsoever incurred as a consequence of your non-observance of any regulation of whatever nature which you are required to observe with regard to or in connection with the carriage of the goods shipped.
Payment
Invoices are payable within 30 days from issue date. Overdue balances are subject to interest calculated at 1.5% per month (19.6% per annum) which shall accrue and be payable to Friend’s Courier on all outstanding monies. This is in addition to any legal rights and remedies available to Friend’s Courier.
Delay
Unless agreed to otherwise in writing, Friend’s Courier shall not be liable for any special consequential or other damages caused by mere delay in the delivery of a shipment.
Limits of Liability
Friend’s Courier shall not be liable for any loss, damage, destruction or unreasonable delays arising from factors beyond the control of Friend’s Courier including but not limited to the following causes: acts of God, the Queen’s or public enemies, awful weather, bad traffic conditions, riots, strikes, war or terrorism, authority of law, defect or inherent vice in the goods shipped, act or default of the shipper or owner of the goods, nuclear reaction, radiation or radioactive contamination.
Weights
It shall be the responsibility of the Customer 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 Friend’s Courier.
Declared Value of Shipments And Insurance
The shipper may declare the value of a shipment for the sake of record keeping. However, Friend’s Courier’s liability for any loss, damage or injury to a shipment shall not exceed the lesser of $2.00 per pound or $100.00.
Friend’s Courier cannot insure the following items under any circumstances: tenders, antiques, currency, precious metals or stones, glass or glassware, ceramics, household goods, travellers cheques, works of art, liquor, wine, spirits, tobacco, cigars, cigarettes, stocks, bonds, certificates, bullion, money orders, stamps, jewellery, watches, cashier’s cheques, plants, liquids, perishables, furs.
All computer, electronic goods and the like must be in original manufacturer’s packaging and are not covered unless certified as operating before pick-up, and unless packaging is damaged in transit and so noted upon delivery. Claims made on shipments received in good order will not be processed.
The claimant agrees that notwithstanding any disclosure of the nature or value of the goods, the amount of any loss or damage, including consequential, incidental or indirect damage, loss of earnings or profits resulting from the loss of or damage to the goods, shall not exceed the maximum liability of Friend’s Courier set out above.
Dangerous Goods
No person shall ship with the Friend’s Courier, Dangerous Goods unless all applicable safety requirements and standards are prescribed by the Transportation of Dangerous Goods Act and Regulations have been complied with, and without limitation, all containers and packaging shall display all applicable safety marks, or any goods which require of the Carrier special containers or equipment. Special shipping instructions for any Dangerous Goods must be visibly marked on outside of container.
Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to Friend’s Courier as required by law, shall indemnify the Carrier against all loss, damage or delay caused thereby, and such goods may be warehoused at the Customer’s risk and expense.
Notice of Loss or Damage
Notice of loss or damage must be given to Friend’s Courier within twenty-four (24) hours after such loss or damage becomes known and in writing within seven days after the goods were delivered. Friend’s Courier will accept no liability for loss or damage unless written notice of such loss or damage is received within seven days after the goods delivered.
Friend’s Courier reserves the right to change these terms and conditions without notice.