Terms and Conditions
DELIVERY OF GOODS
Goods described in this warehouse receipt shall be deliverable only to the depositor and only upon payment of all storage and handling charges and expenses and upon production and surrender of this receipt with a duly signed of delivery of the goods.
Storage and handling charges and expenses if any, are due monthly, payment of such charges and expenses is guaranteed by the depositor.
The warehouseman may if he so elects but without any obligation whatsoever to do so, incur any reasonable expenses (including cost of insurance) which he deems necessary for the protection of preservation of the goods stored or of its interest therein, but shall not be obliged to carry or place any insurance or in respect of such good, nor shall be responsible for failure to do so.
The warehouseman reserves its right of retention and its prior claim on the goods conferred by the Civil Code of Quebec for all unpaid storage and handling charges and expenses, including all other rights given by any other applicable news.
If such goods are not called for within (90) ninety days of written notice by registered letter port to the depositor at his address given in the receipt or at the address notified by him that he has to remove the goods, the warehouseman shall have the right at any time or from time to time thereafter to sell or otherwise dispose thereof by auction or private sale and apply such proceeds on account of any such storage and handling charges and expenses, the whole as provided for by articles 944 and 945 of the Civil Code of Quebec.
LIABILITY ON LOSS, DAMAGE, ETC.
Goods handled, stored, brought or placed in at his warehouse shall be accepted by the warehouse on the basis of weight, quantity, amounts, designation, size, content, quality, condition and value unknown and shall entirely be at the risk of the depositor in respect of any and all depreciation by time and any all lose, damage or destruction from whatsoever cause arising, unless such loss, damage or destruction is caused directly by the intentional or gross fault of the warehouseman.
Notwithstanding the generality of the proceeding, the warehouseman shall not be responsible for any shortage, pollution, contamination or any loss of weight however arising or for any loss, damage, pollution and deterioration caused by irresistible force, inevitable accident, superior force, acts of God, of the Queen’s enemies, of Civil or Military authority or for third parties generally, insurrection, riot, sabotage events; or caused by fire, sprinkler leakage, wind, storm, frost, heat, water, dampness, rust, moths, rats, mice or vermin, leakage collapse of building, inherent or intrinsic defects; or caused by want of special care or precaution; or caused by insufficient or defective cooperage, boxing packing or wear and tear, perishable goods or other susceptible to damage or loss through changes of temperature or other causes incidental.
AGENTS OF THE WAREHOUSEMAN
Agents, officers, directors, administrators, employees, servants, contractors, mandatories, and representatives of the warehouseman shall be entitled to the same exemptions and immunities from and limitations of liability which the warehouseman has hereunder and shall be deemed to be parties to these presents, the warehouseman shall be deemed to be acting as their mandatory solely for this purpose.
Such goods ARE NOT INSURED by the warehouseman. The depositor must insure for full value such goods.
LIMITATION OF LIABILITY
In cases in when and such liability may exist, liability of the warehouseman for loss or damage to goods shall in no case exceed CDN$ 100.00 per any one incident occurrence or event not exceed CDN$ 100.00 on the totality of all goods.
The depositor shall at all times indemnify and save harmless the warehouseman from and against all claims and demands, losses, costs, damages, actions, suits or other proceeding by whomsoever made, brought or prosecuted in any manner based upon, occasioned by or attributable to such goods or the storage and handling of the goods by the warehouseman or any action taken or things done or maintained by virtue hereof, on the exercise in any manner of rights arising under this warehouse receipt issued by the warehouseman to said goods.
NO DANGEROUS GOODS WILL BE RECEIVED by the warehouseman. Dangerous goods WILL NOT be accepted, received or unloaded at the warehouse. Any cost encountered by the refusal will be taken care of by the depositor. The warehouseman WILL NOT, IN ANY CASE, be held responsible for any cost, due to shipment sent back to the depositor, or warehousing by a third party, or whatsoever, because of dangerous goods.
The acceptance of this receipt by the depositor constitutes his irrevocable agreement to the foregoing terms and conditions and shall be binding upon any of its assignees and anyone having an interest or claim such goods.
UNIFORM TERMS OF CARRIAGE TO APPLY
This contract for carriage of goods includes all uniform terms of carriage enacted for the carriage of general freight pursuant to any statute, regulation or by any lawful authority, which is in force and effect in the jurisdiction of origin of this contract at the time of shipment.
NOTICE OF CLAIM
(1) No carrier is liable for loss, damage or delay to any goods carried under the Bill of Lading unless notice thereof setting out the particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or to the delivering carrier within Sixty (60) days after delivery of the goods, or in the case of failure to make delivery, within Nine (9) months of the date of shipment.
(2) The final statement of claim must be filed within Nine (9) months from the date of shipment together with a copy of the paid freight bill.
RECEIPT OF GOODS
The carrier acknowledges receipt of the goods itemized on the face of the within Bill of Lading by the consignor in apparent good order and condition.
CONSIGNOR’S WARRANTIES AS TO PREPARATION OF SHIPMENT
The consignor warrants to the carrier:
(1) The cartons, containers and goods have been marked to identify the consignee, the consignee’s address, number of pieces and any delivery instructions and that such markings are consistent with the markings and instructions of this Bill of Lading.
(2) The goods have been properly packaged and prepared to withstand those risks of damage necessarily incidental to transportation.
(3) No dangerous goods will be accepted by the transporter. The transporter will not be held responsible of any cost, or anything else, in any way, due to refusal of acceptance of dangerous goods.
LIMITATION OF LIABILITY
(1) Unless the consignor has declared a value of the goods on the face of the Bill of Lading, the amount of any loss or damage for which the carrier is liable, whether or not such loss or damage results from negligence, shall be the lesser of: a) the value of the goods at the place and time of shipment, including freight and other charges if paid, and b) $4.41 per kilogram computed on the total weight of the shipment.
(2) The parties agree that the carrier cannot reasonably be aware of the consequences of and the costs accruing to the consignor, consignee, owner or any other party in the event of the loss of use of the goods due to the late, delayed or non-delivery of the goods, or the whole or partial loss or destruction of all or any part of the goods however caused. Accordingly, the carrier is not liable for the indirect, consequential or incidental loss occurring to any party because of late, delayed or non-delivery of, loss of or damage to the goods.
(3) If the consignor has declared a value of the goods on the face of the contract of carriage, the amount of any loss or damage for which the carrier is liable shall not exceed the declared value.
EXCEPTIONS FROM LIABILITY
The carrier shall not be liable for loss, damage or delay to any of the goods described in the contract of carriage caused by an act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, an act or default of the consignor, owner or consignee, authority of law, quarantine or difference in weights of commodities caused by natural shrinkage.
No carrier is bound to carry goods by any particular public truck or in time for any particular market or otherwise than with due dispatch, unless by agreement that is specifically endorsed in the contract of carriage and signed by the parties.
No dangerous good will the accepted by the transporter. See section 4. (3).
LIABILITY FOR PAYMENT
Regardless of any instructions provided for the payment of freight charges, the consignor shall, in the event the carrier is unable to collect in accordance with those instructions, be responsible for all freight charges together with all costs incurred as a result of inability to collect transportation charges in accordance with the consignor’s instructions.
The parties hereby confirm their express wish that this contract and all related documents be prepared in the English language only.
The uniform terms of carriage and conditions herein form the entire contract between the parties, which shall not be modified without the written consent of both parties.