KAL MAKE YOUR MOVE: Terms And Conditions Section 1 The carrier or party in possession (hereinafter referred to as “Carrier”) of all or any part of the property shall be liable for physical loss of or damage to any articles from external cause while being carried or held in storage-in-transit EXCEPT loss, damage or delay caused by or resulting: a) From acts of God when the shipper releases the value of each article in the shipment to a value not exceeding sixty cents ($0.60) per pound per article. b) From (1) hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual or expected attach (i) by any governmental power, or by any authority maintaining or using military, naval or air forces; or (ii) by military, naval or air forces; or (iii) by an agent of any such government, power, authority or forces; (2) any weapon of war employing atomic fission or radioactive force whether in time of peace or war; (3) insurrection, rebellion, revolution, civil war, usurped, power, or action taken by governmental authority in hindering or defending against such an occurrence; (4) seizure or destruction under quarantine or customs regulations, confiscation by order of any government or public authority; or (5) risks of contraband, illegal transportation or trade. c) From any inherent vice or defect of any article, latent or otherwise, or any condition of or within the article which causes it to destroy itself, including susceptibility to damage caused by atmospheric conditions, such as temperature and humidity or changes therein. d) From an act, omission or order of shipper (customer) e) From negligence of the carrier resulting from strikes, lockouts, labour disturbances, riots, civil commotions (occurrence), or from the act or acts of any person or persons taking part in any such occurrence when the carrier, after notice to the shipper or consignee of the potential risk of loss or damage from such occurrence is nevertheless instructed by the shipper or consignee to proceed with transportation or delivery notwithstanding such risk. The burden to prove negligence rests with the party providing such instruction to the carrier. Section 2 - The Subject To the foregoing, and to the following further limitations, the MAXIMUM LIABILITY of the carrier for shipments transported within the Province of Ontario shall be either: (1) sixty cents ($0.60) per pound of weight of any item lost or damaged; (2) Up to $3000.00 in repair/replacement costs for lost or damaged item(s) based on depreciated value of lost or damaged item(s) immediately prior to tender to carrier plus sixty cents ($0.60) per pound of weight for any portion of claim in excess of $3000.00 or (3) the value declared by the shipper, consignee or beneficial owner of the property. In the event of loss to property tendered to carrier valued in excess of ($0.60) per pound per article, carrier’s liability is for the depreciated value of the item(s) lost or damaged based on condition immediately prior to tender to carrier. At carrier’s sole option, carrier will either: (a) repair the item to the extent necessary to restore it to its condition when tendered to carrier; or (b) pay for the cost of repairs; or (c) make a cash settlement for the depreciated value of the item(s). 2.1 Additionally we will not be liable for any loss of or damage to: 2.2 Any goods in wardrobes, drawers or appliances, or in a package, bundle, case or other container not both packed and unpacked by us. 2.3 Jewellery, watches, trinkets, precious stones or metals, money, deeds, securities, stamps, coins, or goods or collections of a similar kind, unless you have previously given us full information including value, and we have confirmed in writing that we will accept responsibility in accordance with 9.1 above 2.4 Goods which have a relevant proven defect or are inherently defective. 2.5 Animals and their cages or tanks including pets, birds or fish. 2.6 Plants. 2.7 Refrigerated or frozen food or drink. 2.8 Other than because of our negligence, we will not be liable for damages or costs resulting indirectly from, or as a consequence of loss, damage, or failure to deliver the goods. As a condition precedent to recovery, a claim or loss or damage must be filed IN WRITING with carrier within thirty (30) days after delivery to consignee shown on the face hereof, or in case of failure to make delivery, within thirty (30) days after scheduled delivery date or after a reasonable time for delivery has lapsed. Suit must initiated against the carrier within one (1) year after written notice is given by the carrier that carrier has disallowed the claim, OR ANY PART(s) THEREOF. Where a claim is not filed or suit instituted pursuant to the foregoing provisions such claim is time barred, carrier shall have no liability, and, no claim will be paid. Section 3 The carrier shall not be liable for delay caused by highway obstruction, or faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or caused by breakdown or mechanical defect or vehicles or equipment, or from any cause other than negligence of the carrier, nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between origin and point of destination. Section 4 a) Upon tender of the shipment to carrier, and following delivery to the consignee, they, the beneficial owner of the property or third (3rd) party payer, shall be liable jointly and severally, for all unpaid charges payable on account of a shipment in accordance with applicable tariff(s) including but not limited to, sums advanced or distributed by a carrier on account of such shipment. This extension of credit to shipper, consignee, beneficial owner of 3rd party payer for such unpaid charges shall not thereby discharge the obligation of any other party to pay such charges in the event one of the parties to whom credit has been extended shall fail to pay such charges. b) Shall indemnify carrier against loss or damage caused by inclusion in the shipment of explosives or dangerous articles or goods. Section 5 a) If for any reason other than the fault of carrier delivery cannot be made at the address shown on the face hereof, or of any changed address of which carrier has not been notified, carrier at its option, may cause articles contained in the shipment to be stored in a warehouse selected by it at the point of delivery or at any other available points, at the cost of owner and subject to a lien for all accrued tariff and other lawful charges. b) Where carrier is directed to take property from a place or places and neither consignor or his agent is not present, the carrier will immediately terminate the job subject to item 230 - three (3) hour minimum. c) Where carrier is directed to unload or deliver property at a place or places at which the consignee or its agent is not present, the property shall be at the risk of consignee or the beneficial owner after unloading or delivery. Section 6 If shipment is refused by consignee at destination, or if customer, consignee or owner of property fails to receive or claim it within fifteen (15) days after written notice by email to customer and consignee, or if customer fails or refuses to pay applicable charges in accordance with carrier’s tariff and any sums advanced or distributed by a carrier on account of such shipment, carrier may sell the property at its option, either (a) upon notice in the manner authorized by law, or (b) at public auction to highest bidder at a public sale to be held at a time and place named by carrier, thirty (30) days notice of such sale shall have been given in writing to customer and consignee, and there shall have been published at least once a week for two consecutive weeks in a newspaper of general circulation at or near the place of sale, a notice thereof containing a description of the property as described in the bill of lading and the names of customer and consignee. The proceeds of any such sale shall be applied toward payment of lawful charges applicable to shipment and towards expenses of notice and sale, and of storage, caring for and maintaining property prior to sale, and the balance, if any, shall be paid to owner of said property, PROVIDED that any perishable articles contained in such shipment may be sold at public or private sale without such notices, if, in the opinion of carrier, such action is necessary to prevent deterioration or further deterioration. Section 7 Quotations 7.1 Quotations include Value Added Tax but do not include any other customs duties levies or fees payable to government or other statutory bodies and all such duties or fees (if any) will be payable by you in addition to the quoted price. 7.2 Although we quote a fixed price we reserve the right to amend it or make additional charges if any of the following have not been taken into account when preparing the quotation:- 7.2.1 If due to any circumstances outside our control the work is not carried out or completed within three months of the quotation date 7.2.2 Our costs increase as a result of currency fluctuations or changes in taxation or freight charges beyond our control 2.2.3 We have to collect or deliver Goods above the first upper floor, unless previously agreed in writing. 7.2.4 We supply any additional services 7.2.5 There are delays outside our reasonable control in which event we will make additional charges calculated in accordance with our standard rates applicable at the time. 7.2.6 Access to the collection or delivery point is inadequate or the approach is unsuitable for our vehicles. 7.2.7 Any parking or other fees or charges that we have to incur and pay in order to carry out the services you require. In all these circumstances you will be responsible for the extra charges Section 8 Work excluded from our quotations unless previously agreed in writing we will not: - 8.1 Dismantle or assemble unit-furniture (flat-pack), fittings or fitments 8.2 Disconnect or reconnect appliances, fittings or equipment. 8.3 Remove or lay fitted floor coverings. 8.4 Take down or re-hang curtains, blinds or other window coverings. 8.5 Move night storage heaters unless they are dismantled. 8.6 Move or store any items excluded under Clause 4. 8.7 Move any item or items which our removal crew reasonably believe they cannot move safely or the removal of which may damage the item or items in question or its or their surroundings. 8.8 Clear driveways or other access areas (at either collection or delivery address) from snow or ice or other materials. Section 9 Excluded PropertyThe following items are specifically excluded from this contract and will not be removed: - 9.1 Jewellery, watches, trinkets, precious stones, money, deeds, securities, stamps, coins, or goods or collections of a similar kind. 9.2 Potentially dangerous, damaging or explosive items. 9.3 Goods likely to encourage vermin or other pests or to cause infection. 9.4 Refrigerated or frozen food or drink. 9.5 Any animals and their cages or tanks including pets, birds or fish. 9.6 Cars, boats and caravans. 9.7 Furs, perfumery, wines, spirits, tobacco, cigars, cigarettes, foodstuffs, perishable goods or any kind of explosives.
Such goods will not be removed by us except without prior written agreement. If you submit such goods without our knowledge and prior written agreement we will not be liable for any loss or damage except when death or injury is caused by our negligence or that of our employees or agents and you will indemnify us against any charges, expenses, damages or penalties claimed against us by third parties. In addition we shall be entitled to dispose of (without notice) any such goods which are listed under paragraphs 9.2, 9.3, 9.4, 9.5, & 9.7. Section 10 Customer’s responsibility is your sole responsibility to:- 10.1 Declare to us the proper value of the Goods. 10.2 Obtain at your expense all documents necessary for the removal to be completed. 10.3 Be present yourself or appoint a representative at the departure and destination points to ensure that nothing is removed or left in error or is left in the wrong room. 10.4 Prepare adequately and stabilise all appliances prior to their removal. Other than by reason of our negligence we will not be liable for any loss or damage, costs or additional charges that may arise from any of these matters. By entering into this contract you confirm to us that:- 11.1 The Goods are your own property; or 11.2 You have the authority of the owner of the property to make this contract in respect of the Goods. You will be responsible to pay for any claim for damages and/or costs against either of the above if this proves to be untrue. 12. Postponements/Cancellations 12.1 If you postpone or cancel this contract we may charge according to how much notice you provide prior to the agreed removal date:- More than 7 days notice: No charge Between: 5-7 days: $175 3-4 days: $225 1-2 days: $300 Less than 24 hours: $450 12.2 Condition 7.1 will not apply if you elect to take any removal postponement/cancellation protection waiver for which we have quoted. 13. Delays in transit 13.1 Unless we give a specifically agreed written timescale then arrival and departure times are an estimate only. 13.2 If we do not keep to an agreed written time scale schedule and any delay is within our reasonable control we will pay your reasonable expenses which arise as a result of our not keeping to the agreed written time schedule. If through no fault of ours we are unable to deliver your goods, we will take them into store. This contract will then be fulfilled and any additional service(s), including storage and delivery, will be at your expense. 13.3 We shall not be in breach of this agreement nor liable for delay in performing, or failure to perform, any of our obligations under this agreement if such delay or failure results from events, circumstances or causes beyond our reasonable control including but not limited to adverse weather conditions. In such circumstances we shall be entitled to a reasonable extension of time for performing such obligations, provided that if the period of delay or non-performance continues for 4 weeks then you may terminate this agreement, without penalty by giving not less than 7 days written notice to us. 13.3.1 In the event that the agreement is terminated under clause 13.3 and we have part performed any of our obligations under this agreement, including but not limited to a completed or part-completed packing service and/or any storage requirement, any charges incurred by us at the time of your termination under clause 13.3 shall become chargeable in accordance with our standard rates applicable at the time. 13.3.2 In the event of termination under clause 13.3, any monies already paid will be refunded save that we reserve the right to set off such sums as are due to us under clause 13.3.1. 13.3.3 We shall not be liable for any costs or charges you incur as a result of the termination of the agreement under clause 13.3. 14. Sub-contracting the work 14.1 We reserve the right to sub-contract some or all of the work for which we have provided a quotation without reference to you. 14.2 If we sub-contract these conditions will still apply in full. 15. Storage services
The following terms in addition to all other terms set out in this document will apply to all contracts for the storage of goods:- 15.1 If you require storage facilities you are obliged to provide a forwarding address and notify us in writing if it changes. All correspondence and notices will be deemed to have been received by you seven days after posting it to the last forwarding address recorded by us. 15.2 The manner in which goods are transported and whether we use conventional or containerised storage shall be within our sole discretion unless otherwise confirmed in writing. 15.3 Where we provide an inventory of goods stored on your behalf it will be accepted as accurate unless you provide us with written notice of any errors or omissions within 14 days of our posting the inventory to you. 15.4 All charges for storage services are payable in advance. All our charges including removal charges must be paid in full in cleared funds before any goods are released from storage and we shall be entitled to exercise a lien over those goods until we receive payment of all charges due from you to us. 15.5 We review our storage charges periodically. You will be given 28 days’ notice in writing of any increases following which our revised rates as notified will apply. We will always act reasonably in reviewing our storage charges. 15.6 On giving you 28 days’ notice we are entitled to require you to remove your goods from our custody and pay all money due to us. Any such notice will tell you that we will dispose of your goods three months thereafter if you fail to pay all outstanding sums due to us and, in that event, we will do so without further notice. The cost of the sale or disposal will be charged to you. The net proceeds will be credited to your account and any eventual surplus will be paid to you without interest. 15.7 If your payments are up to date we will not end this contract except by giving you three calendar months’ notice in writing. If you wish to terminate your storage contract you should give at least 14 days’ notice. Whilst we will use reasonable endeavours to arrange the release of your goods on the dates you require, specific dates cannot be guaranteed. 15.8 If you choose someone else to collect your goods from our storage facilities we are entitled to make a charge for handing them over. Our responsibility for such goods will cease upon their being handed over to your chosen representative. 16. Whole agreement: These Terms and Conditions together with our quotation are intended to form the whole agreement between us and to prevail over any verbal discussions. Should we mutually agree to any variation of these terms such variation should be confirmed in writing. Any variation however agreed shall never invalidate the remainder of these Terms and Conditions. 17 Jurisdiction: This contract is subject to the laws of Canada if our principal place of business is situated in Canada, or to the laws of Ontario if our principal place of business is situated in Ontario. Section 8. Any alteration in this bill of lading made without the specific notation hereon of the carrier shall be without effect, and this document shall be enforceable according to its origin tenor.