CONDITIONS OF CARRIAGE
CONDITION ONE: Receipt and Freight
RECEIVED at the point of origin on the date specified, from the Sender, the Goods described on the face hereof (the “Goods“), condition and/or contents of same unknown, marked, consigned and destined as indicated on the face hereof, which MEEST CORPORATION INC. and its agents (the “Carrier”) agrees to carry to the destination, subject to the rates and classification in effect on the date of shipment. The Carrier does not warrant that the Goods are free of damage at the time this Contract of carriage is entered into between the parties. Freight charges are prepaid.
CONDITION TWO: Limitation of Liability
(I) ALL LIABILITY LIMITED TO $60.00
Liability of the Carrier for any loss of the Goods or contents shall not exceed Sixty Dollars ($60.00 ) plus the whole of the amount paid for shipping in the event of full loss of Goods, no amount for shipping to be repaid in the event of a partial loss, and notwithstanding that the loss or damage may be caused or contributed to by the negligence of the Carrier or its agents. Limitation of liability of the Carrier shall be applicable from the making of this contract of carriage until the Goods are delivered to the Consignee at the destination or to a postal service or equivalent.
(II) CARRIER NOT LIABLE UNDER CERTAIN CONDITIONS
The Carrier shall not be liable for loss of the Goods caused by or attributable to an act of God, Queen's or public enemies, authority of law, quarantine, riot, strikes whether partial or general, perils of the sea or navigation of a ship, act or default of the Sender, inherent defect in the Goods, or any conditions beyond the control of the Carrier, including but not limited to:
(a) nuclear reaction or radioactive contamination;
(b) extreme weather conditions, including but not limited to floods, snow falls, slippery roads, or any other event beyond the control of the Carrier impeding the passage of transport;
(c) changes in the laws or regulations of the country of destination, including but not limited to the closing of roads in the country of destination;
(d) improper, incorrect or incomplete addresses as set out by the Sender;
(e) the Consignee having moved or for any reason no longer residing or by reason of being absent for any reason from the address provided by the Sender; or
(f) the Goods being seized, detained, confiscated, appropriated, or the delivery of the Goods being delayed by governmental agencies in countries through which the Goods are transported up to and including their ultimate destination as per the consignment.
The Carrier under no circumstances shall be liable for any material damage for any reason claimed to be a result of the failure by the Carrier for any reason to deliver in timely fashion and/or full or partial loss of the Goods, except as specifically provided for herein.
(III) DELIVERY DATE ESTIMATES
Sender acknowledges that dates of delivery are estimates only and are provided without warranty or guarantee. The Carrier shall not be liable for any special, consequential or other damages to any party caused by any delay in delivery of the Goods under any circumstances. The Carrier shall not be liable for any damages claimed by or any payment of compensation of any nature to the Sender in the event of any delay in delivery of the Goods.
(IV) CARRIER NOT LIABLE FOR PROHIBITED GOODS/SENDER WARRANTY AND INDEMNITY
The Carrier shall not be liable for any loss by any party of any items that may be prohibited or contraband of any kind, for any reason, in the country of destination or any country through which the Goods may pass including, without limiting the generality of the foregoing, negotiable instruments, cash, precious metals, stones and jewellery, and any other objects that may by determination of the regulatory officials of said country or countries to be in the nature of luxury objects. The Sender acknowledges that the Goods will be subject to inspection by customs and other government agencies and the Carrier shall not be
liable for any loss or damage of any kind to or in respect of the Goods as a result of or relating to dealings by agencies of any kind whether proper or improper. The Sender acknowledges that customs and similar inspections may result in delays to delivery. The Sender acknowledges that it is prohibited and unlawful to include in the Goods being shipped any arms, controlled substances, explosives or explosive substances, flammables or any other similar objects that might damage the shipment. The Sender warrants and guarantees that the Goods contain no such items. In the event the Goods contain such items, the Sender admits liability and shall be solely responsible for and shall indemnify the Carrier against all claims, damages, charges or suits made or brought in relation thereto.
(V) SENDER’S OBLIGATIONS
The Sender acknowledges having confirmed with the Carrier that it is the Sender’s obligation:
(a) to establish the applicable customs rules of the country of destination to determine whether the Goods are duty-free;
(b) to establish a time frame for delivery of the Goods to the country of destination and in particular deliveries during Christmas and Easter seasons; and
(c) to pay all duties and taxes relating to the Goods and the carriage thereof, and to this end Sender acknowledges that duties and taxes are applied by the country of destination of the Goods.
(VI) INSURANCE - IMPORTANT! PLEASE READ AND SIGN ON FRONT OF FORM
The amount of ANY FULL OR PARTIAL LOSS for which the Carrier may be liable SHALL NOT EXCEED SIXTY DOLLARS ($60.00) unless the Sender PURCHASES ADDITIONAL INSURANCE from the Carrier.
ADDITIONAL INSURANCE is available from the Carrier at the rate of $5.00 per $100.00 value or part thereof, over the first $60.00 value. Such additional insurance covers LOSS, full or partial, for which the Carrier may be liable TO A MAXIMUM OF:
a. ONE HUNDRED DOLLARS ($100.00) where home delivery is unavailable and packages are sent by postal service or equivalent.
b. EIGHT HUNDRED DOLLARS ($800.00) where home delivery is available,
AND IN THE EVENT OF FULL LOSS THE WHOLE OF THE AMOUNT PAID FOR SHIPPING.
IN NO EVENT SHALL LIABILITY OF THE CARRIER FOR FULL LOSS EXCEED THE INSURED AMOUNT PLUS THE WHOLE AMOUNT PAID FOR SHIPPING. The calculation of loss for partial loss shall be based on the weight of the lost Goods and will be calculated proportionally to and not exceeding the insured amount In the event of any dispute as to value of the Goods the Sender shall produce a store receipt confirming the cost of the Goods, otherwise the evaluation of the carrier shall be final.
CONDITION THREE: Notice of Claim and Claims Procedure
The Carrier shall not be liable for the loss of the Goods unless the Sender or Consignee reports the loss to the Carrier. Notice of any claim must be given in writing within fourteen (14) days from the estimated delivery date to the Carrier via email: [email protected]; by mail or personal delivery to the Carrier at 97 SIX POINT RD., TORONTO, ON, M8Z 2X3, CANADA, or via email at: [email protected]. All claim notifications must include:
i. Sender’s copy of this form (Customs Declaration);
ii. Full address information, including but not limited to parties to and parties from;
iii. the package number;
iv. a clear and limited statement of the nature of the claim, including value.
The Carrier shall be discharged from all liability for loss arising out of this contract of carriage unless the Sender or Consignee commences legal suit by issue of an originating process in the appropriate jurisdiction against the Carrier within sixty (60) days of the delivery of the Goods, or within four (4) months of the estimated delivery date in the event of non-delivery. Failure to commence such legal suit by originating process within that time period shall operate as a complete waiver of such suit and a release of any and all claim against the Carrier.
Partial Invalidity and Severability
The terms of this Contract of Carriage shall be separable, and if any provision or any part of any provision be held by any court of competent jurisdiction to be invalid or unenforceable, the holding shall not affect the validity or enforceability of any other provisions or part in this/ Contract of Carriage.
CONDITION FIVE - Limitation of Liability of Servants or Agents
It is agreed that no agent of the Carrier (including any independent contractor employed by the Carrier) shall in any circumstances be under any liability to the Sender, Consignee or owner of the Goods or to any holder of this Contract of Carriage for any loss, damage or delay of any kind resulting directly or indirectly from any act, neglect or default on the Carrier's part while acting in the course of or in connection with his employment and without prejudice to the generality of the provisions of this paragraph, every condition contained and every right, exemption from liability, defence and immunity of any nature applicable to the Carrier or to which the Carrier is entitled shall also be available and shall extend to protect any agent of the Carrier acting as mentioned and for the purpose of all provisions of this paragraph the Carrier is or shall be deemed to be acting agent or trustee on behalf of and for the benefit of all persons who are or might be his servants or agents from time to time (including independent contractors) and all those persons shall to this extent be or be deemed to be parties to the contract in or evidenced by this Contract of carriage.
CONDITION SIX - Modification of Contract of Carriage
The Carrier reserves the right to substitute alternate modes of transportation for that selected by the Sender on the front of this Contract of Carriage. Any exercise by the Carrier of this right shall in no way affect the maximum liability of the Carrier aforesaid. This Contract of Carriage constitutes the entire contract between the Carrier and the Sender. NO AGENT OR REPRESENTATIVE OF THE CARRIER HAS AUTHORITY TO ALTER, MODIFY OR WAIVE ANY PROVISION OF THIS CONTRACT.
CONDITION SEVEN: Applicable Law
This contract shall be interpreted and governed by the laws of the State of New Jersey or the Province of Ontario.