Terms of Service
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 $2000.00 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 $2000.00 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).