Transportation Terms and Conditions
Please note all moves are subject to our standard demurrage terms and conditions, effective December 17th, 2017. Legislative and cost structure changes now mean that as an asset based transportation company, our most valuable asset is the available on duty hours of our drivers. Shippers and consignees who cannot operate within efficient parameters will be subjected to a surcharge of 100.00 per hour Canadian after the two hour mark at location unless alternate arrangements are made at the time of load booking. As usual, we will communicate any delays to our clients in a proactive fashion to give you the opportunity to manage your own client’s costs.
Shipments with improper customs clearance information and or customs broker inefficiencies will be subject to the same charges for detention time waiting for clearance as well as a per instance cost of 150.00 per instance. As a result of the continued inefficiencies caused by third party load brokers not providing correct pickup numbers at the time of load booking, all shipments missing this required information will be subject to a fee of 150.00 per missing/incorrect pickup number.
Any shipments coming into Canada in bond as a result of missing or incorrect clearance information, or customers broker failure to process, will be subject to a 350.00 in bond fee to cover the cost of the bond at the sufferance warehouse as well as pickup and delivery of the trailer from the customs sufferance warehouse. This amount will be invoiced to the billing party for the shipment, and is due in full, as we have no recourse in our costs in this case. Clients who wish to mitigate their cost risk in this instance are welcome to manage their own clearance and follow up repeatedly with the customs broker of record to ensure the entry is approved prior to the truck arriving at the port of entry. A trailer storage fee of 75.00 per day is also billed to us for each day the trailer is at the sufferance warehouse, which will also be added to the total cost of the failed customs clearance/bond.
In all cases, charges will be added to the billing party for the transaction, who will be responsible for collecting from the responsible party. Use of transportation services and tendering shipments constitutes acceptance of these terms and conditions. Further questions can be directed to rates(at)flashfreight.ca
Standard Contract Terms and Conditions for Merchandise Warehousemen
– LIMITATIONS OF LIABILITY- Flash Freight Systems Warehousing
ACCEPTANCE – Sec. 1
a) This contract and weight quotation including accessorial charges endorsed on or attached hereto must be accepted by signature of depositor. In the absence of written acceptance, the act of tendering goods described herein for storage or other services by warehouseman shall constitute such acceptance by depositor.
b) In the event that goods tendered for storage or other services do not conform to the description contained herein, or conforming goods are tendered without prior written acceptance by depositor as provided in paragraph (a) of this section, warehouseman may refuse to accept such goods. If warehouseman accepts such goods, depositor agrees to rates and charges as may be assigned and invoiced by warehouseman and to all terms of this contract.
c) This contract may be cancelled by either party upon 30 days written notice by either party.
STORAGE PERIOD AND CHARGES – Sec. 2
a) Unless otherwise stated herein, all charges for storage are per each unit of measure per calendar year or any fraction thereof. In the final month, a minimum two week period will be allowed provided 30 days cancellation notice has been given.
b) Storage charges become applicable upon the date that warehouseman accepts care, custody and control of the goods, regardless of unloading date or date of issue of warehouse receipt.
c) All storage charges are due and payable on the first day of storage for the initial month and thereafter on the first day of the calendar month.
d) When mutually agreed by the warehouseman and the depositor, a storage month shall extend from a date in one calendar month to, but not including, the same date of the next and all succeeding months. All storage charges are due and payable on the first day of the storage month.
TRANSFER, TERMINATION OF STORAGE, REMOVAL OF GOODS – Sec. 3
a) Instructions to transfer goods on the books of the warehouseman are not effective until delivered to and accepted by warehouseman, and all charges up to the time transfer is made are chargeable to the depositor of record. If a transfer involves re-handling the goods, such will be subject to a charge. When goods in storage are transferred from one party to another through issuance of a new warehouse receipt, a new storage date is established on the date of transfer.
b) The warehouseman reserves the right to move, at his expense, 14 days after notice is sent by certified or registered mail to the depositor of record or the last known holder of the negotiable warehouse receipt, any goods in storage from the warehouse in which they may be stored to any other of his warehouses; but if such depositor or holder takes delivery of his goods in lieu of transfer, no storage charges shall be made for the current storage month. Warehouseman will store the goods at, and may without notice move the goods within and between, any one or more of the warehouse buildings which comprise the warehouse complex identified on this warehouse receipt.
c) The warehouse may, upon written notice of the depositor of record and any other person known by the warehouseman to claim an interest in the goods, require the removal of any goods by the end of the next succeeding storage month. Such notice shall be given to the last known place of business or abode of the person to be notified. If goods are not removed before the end of the next succeeding storage month, the warehouseman may sell the goods in accordance with applicable law.
d) If warehouseman in good faith believes that the goods are about to deteriorate or decline in value to less than the amount of the warehouseman’s lien before the end of the next succeeding storage month, the warehouseman may specify in the notification any reasonable shorter time for removal of the goods and in case the goods are not removed, may sell them at public sale held one week after a single advertisement or posting as provided by law.
e) If as a result of a quality or condition of the goods of which the warehouseman had no notice at the time of deposit the goods are a hazard to other property or to the warehouse or to persons, the warehouseman may sell the goods at public or private sale without advertisement on reasonable notification to all persons known to claim an interest in the goods. If the warehouseman after a reasonable effort is unable to sell the goods he may dispose of them in any lawful manner and shall incur no liability by reason of such disposition. Pending such disposition, sale or return of the goods, the warehouseman may remove the goods from the warehouse and shall incur no liability by reason of such removal.
LIABILITY AND LIMITATION OF DAMAGES – Sec. 4
a) THE WAREHOUSE SHALL NOT BE LIABLE FOR ANY LOSS OR INJURY TO GOODS STORED HOWEVER CAUSED UNLESS SUCH LOSS OR INJURY RESULTED FROM THE FAILURE BY THE WAREHOUSEMAN TO EXERCISE SUCH CARE IN REGARD TO THEM AS A REASONABLY CAREFUL MAN WOULD EXERCISE UNDER LIKE CIRCUMSTANCES AND WAREHOUSEMAN IS NOT LIABLE FOR DAMAGES WHICH COULD NOT HAVE BEEN AVOIDED BY THE EXERCISE OF SUCH CARE.
b) GOODS ARE NOT INSURED BY THE WAREHOUSEMAN AGAINST LOSS OR INJURY HOWEVER CAUSED.
c) THE DEPOSITOR DECLARES THAT DAMAGES ARE LIMITED TO THE ESTIMATED VALUE AS STATED PREVIOUSLY OR 100 TIMES THE STORAGE RATE IDENTIFIED FOR BOX STORAGE AND 300 TIMES THE MONTHLY STORAGE RATE IDENTIFIED FOR PALLET STORAGE NOT TO EXCEED ONE YEAR’S STORAGE. SUCH LIABILITY, AT THE TIME OF ACCEPTANCE OF THIS CONTRACT AS PROVIDED IN SECTION 1, CAN BE INCREASED UPON DEPOSITOR’S WRITTEN REQUEST ON PART OR ALL OF THE GOODS HEREUNDER IN WHICH EVENT AN ADDITIONAL MONTHLY CHARGE WILL BE MADE BASED UPON SUCH INCREASED VALUATION.
d) WHERE LOSS OR INJURY OCCURS TO STORED GOODS, FOR WHICH THE WAREHOUSEMAN IS NOT LIABLE, THE DEPOSITOR SHALL BE RESPONSIBLE FOR THE COST OF REMOVING AND DISPOSING OF SUCH GOODS AND THE COST OF ANY ENVIROMENTAL CLEAN UP AND SITE REMEDIATION RESULTING FROM THE LOSS OF INJURY TO THE GOODS.
NOTICE OF CLAIM AND FILING OF SUIT – Sec. 5
a) Claims by the depositor and all other persons must be presented in writing to the warehouseman within a reasonable time, and in no event longer than either 60 days after delivery of the goods by the warehouseman or 60 days after depositor of record or the last known holder of a negotiable warehouse receipt is notified by the warehouseman that loss or injury to part or all of the goods has occurred, whichever time is shorter.
b) No action may be maintained by the depositor or others against the warehouseman for loss or injury to the goods stored unless timely written claim has been given as provided in paragraph (a) of this section and unless such action is commenced either within nine months after date of delivery by warehouseman or within nine months after depositor of record or the last holder of a negotiable warehouse receipt is notified that loss or injury to part or all of the goods has occurred, whichever time is shorter.
c) When goods have not been delivered, notice may be given of known loss or injury to the goods by mailing of registered or certified letter to the depositor of record or to the last known holder of a negotiable warehouse receipt. Time limitations for presentation of claim in writing and maintaining of action after notice begin on the date of mailing of such notice by warehouseman.
LIABILITY FOR CONSEQUENTIAL DAMAGES – Sec. 6
Warehouseman shall not be liable for any loss of profit or special, indirect, or consequential damages of any kind.
MYSTERIOUS DISAPPEARANCE – Sec. 7
Warehouseman shall not be liable for loss of goods due to inventory shortage or unexplained or mysterious disappearance of goods unless depositor establishes such loss occurred because of warehouseman’s failure to exercise the care required of warehouse man under Section 11 above. Any presumption of conversion imposed by law shall not apply to such loss and a claim by depositor of conversion must be established by affirmative evidence that the warehouseman converted the goods to the warehouseman’s own use.
RIGHT TO STORE GOODS – Sec. 8
Depositor represents and warrants the depositor is lawfully possessed of the goods and has the right and authority to store them with warehouseman. Depositor agrees to indemnify and hold harmless the warehouseman from all loss, cost and expense (including reasonable attorney’s fees) which warehouseman pays or incurs as a result of any dispute or litigation, whether instituted by warehouseman or others, respecting depositor’s right, title or interest in the goods. Such amounts shall be charges in relation to the goods and subject to warehouseman’s lien.
ACCURATE INFORMATION – Sec. 9
Depositor will provide warehouseman with information concerning the stored goods which is accurate, complete and sufficient to allow warehouseman to comply with all laws and regulations concerning the storage, handling and transporting of the stored goods. Depositor will indemnify and hold warehouseman harmless from all loss, cost, penalty and expense (including reasonable attorney’s fees) which warehouseman pays or incurs as a result of depositor failing to fully discharge this obligation.
SEVERABILITY AND WAIVER – Sec. 10
a) If any provision of this receipt, or any application thereof, should be construed or held to be void, invalid or unenforceable, by order, decree or judgment of a court of competent jurisdiction, the remaining provisions of this receipt shall not be affected thereby but shall remain in full force and effect.
b) Warehouseman’s failure to require strict compliance with any provision of the Warehouse Receipt shall not constitute a waiver or estoppel to later demand strict compliance with that or any other provision(s) of this Warehouse Receipt.
c) The provisions of this Warehouse Receipt shall be binding upon the depositor’s heirs, executors, successors and assigns; contain the sole agreement governing goods stored with the warehouseman; and, cannot be modified except by a writing signed by warehouseman.
The quotation above is hereby accepted and terms are agreed to by:
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Print Name, Title Signature Company Name Dated
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Print Name, Title Signature Company Name Dated