*********STANDARD TERMS AND CONDITIONS OF SERVICE**********
Acceptance of these terms will constitute an agreement between "Customer" the individual or business ordering transportation services and Frieght Xpress Solutions Inc. “ShipCanada” a licensed trucking operation registered in Ontario, Canada
& Equitrans Express International Inc. “Equitrans” a licenced freight brokerage registered in Ontario, Canada. The word
"Carrier" represents any trucking company undertaking physical transportation of Customer’s freight. It is acknowledged that
these conditions will apply to this and all future shipments arranged by Frieght Xpress Solutions or Equitrans for Customer.
- a) Rates are in CAD or USD funds as indicated in "Customer Price Details Sections" payable 30 days from invoice date. Overdue invoices are
subject to 2% interest per month 24% per annum. Customers paying by credit card agree to the use of their credit card for this
and subsequent shipments until a credit account is established with Frieght Xpress Solutions or Equitrans. Customer acknowledges
accessorial charges assessed in relation to a shipment will be billed in the same method as the original shipment.
- b) Customer is responsible for accessorial charges resulting from inaccurate weight, measure, freight class, tailgate use or additional
required services. c) All shipments are subject to a maximum valuation of $2.00 CAD per pound based on actual weight
unless otherwise agreed to in writing. Maximum valuation for used/personal items is $.10/Lb. Shipper is responsible for
ensuring adequate securement & tarping for flatbed cargo. Third party insurance costs, if applicable, are non-refundable
including if a shipment is cancelled.
- d) 1 hour is free for load/unload (less than truckload), 2 hours free for load/unload (full
truckload) excess time is billed at $65.00/hour thereafter. Tailgate service if required is $65.00/use.
- e) All quotations and
customer confirmations are subject to equipment availability. There is no guarantee on equipment availability unless
specifically stated in writing and signed by an officer of the company.
- f) Pickup and delivery times stated are approximate and
not guaranteed.
- h) CUSTOMER authorizes Equitrans or Frieght Xpress Solutions, in its discretion, to engage the services of any qualified carrier, cartage
service, warehouse, 3PL, co-broker, customs brokerage or other applicable service.
- i) It is acknowledged and accepted that
Frieght Xpress Solutions is acting as CARRIER only when explicitly indicated on the bill of lading and that many Frieght Xpress Solutions service areas
require the use of BEYOND CARRIERS as an extension of its service. CUSTOMER acknowledges that the actual/signing
CARRIER providing physical transportation of goods is solely liable for any and all claims arising from the transport of
CUSTOMER'S freight. CUSTOMER (the Principal) indemnifies and holds harmless EQUITRANS from any claims for loss or
damage. Frieght Xpress Solutions and/or Equitrans cannot accept liability for delays or special/consequential damages resulting from
transport services arranged or undertaken. In the event a claim arises from services provided, Equitrans will make available to
CUSTOMER all necessary forms and insurance documents pertaining to the actual CARRIER’s cargo/liability insurance.
- j)
TONU or "Truck ordered not used" charges are $75.00 for LTL under 5000 lbs. $125.00 Partial Loads and $200.00 for FTL.
- k)
CUSTOMER acknowledges that the insertion of EQUITRANS name on shipping documents, of any kind, does not represent or
imply it is acting in the capacity of a CARRIER. For small package and LTL shipments CUSTOMER must use only use
Shipping Labels/Bill of Lading provided by EQUITRANS.
- l) Under no circumstance can a claim be deducted from outstanding
amounts owed to EQUITRANS or SHIPCANADA by CUSTOMER.
- m) The provincial court of Ontario, Canada will have
exclusive jurisdiction to adjudicate any dispute arising under or in connection with this agreement.
- l) Shipments moving by courier service must not exceed 140 lbs. Shipments moving by courier must not exceed a total girth of 144' or max length of 108" Girth is calculated by (2xHeight) + (2xWidth) + Length = Total Girth. Shipments over 140 lbs. and/or with a Girth exceeding 144" will be moved as "Freight" and must be palletized to allow for movement by pallet truck.
- o) Customer is responsible for any charges resulting from customs brokerage or duties assessed in relation to international shipments.
- n) Hazardous, dangerous, regulated or temperature controlled items must be disclosed prior to shipping so necessary precautions can be made to accommodate such items.
- o) The Individual signing asthe CUSTOMER has the authority to bind the corporation. E.& O. E.