Terms and
Conditions
Acceptance
By
placing an order with Current Express Courier Limited (CECL) for
pick-up and/or delivery, you agree to all of the terms and
conditions stated herein.
Applicable Law
The
laws of the province of Ontario will govern these disclaimers, terms
and conditions, without regard to any conflict of law provisions.
You also agree and submit to the exclusive jurisdiction and venue of
the courts of the province of Ontario and acknowledge that you do so
voluntarily. The parties agree to use their best efforts to resolve
any dispute that may arise through good faith negotiations. The
parties acknowledge their desire that any irreconcilable dispute or
difference shall be resolved by mediation involving the appointment
of a mutually acceptable mediator. The cost of any such mediation is
to be shared equally by the parties. This is without prejudice to
any other right or entitlement that they may have. If any provision
of these Terms and Conditions is found to be unlawful, void or
unenforceable, then such provision is deemed severable and will not
affect the validity or enforceability of any of the remaining
provisions.
Indemnity
You
shall indemnify and hold harmless CECL against all liabilities,
losses, claims, damages, costs and expenses of any nature whatsoever
incurred as a consequence of your non-observance of any regulation
of whatever nature which you are required to observe with regard to
or in connection with the carriage of the goods shipped.
Payment
Invoices are payable upon receipt. Any discounts applied to an order
are subject to payment being received on time. Where payment for a
shipment has not been received within 30 days of invoice, CECL has
the option of recalculating all charges to those shown in the
current tariff. Overdue balances are subject to interest calculated
at 2% per month (19.6% per annum) which shall accrue and be payable
to CECL on all outstanding monies. This is in addition to any legal
rights and remedies available to CECL.
Delay
Unless agreed to otherwise in writing, CECL shall not be liable for
any special consequential or other damages caused by mere delay in
the delivery of a shipment.
Limits of Liability
CECL
shall not be liable for any loss, damage, destruction or
unreasonable delays arising from factors beyond the control of CECL
including but not limited to the following causes: acts of God, the
Queen's or public enemies, awful weather, bad traffic conditions,
riots, strikes, war or terrorism, authority of law, defect or
inherent vice in the goods shipped, act or default of the shipper or
owner of the goods, nuclear reaction, radiation or radioactive
contamination.
Declared Value of Shipments And Insurance
The
shipper may declare the value of a shipment for the sake of record
keeping. However, unless the shipper indicates YES in the Insurance
prompt during order placement, CECL's liability for any loss, damage
or injury to a shipment shall not exceed the lesser of $1.50 per
pound or $50.00. If the shipper indicates YES in the Insurance
prompt during order placement, an additional charge equal to $1 per
$100 or part thereof on declared value in excess of $200 will be
applied. Insurance on declared values of over $1000 must be
pre-approved by a CECL office employee. CECL cannot insure the
following items under any circumstances: tenders, antiques,
currency, precious metals or stones, glass or glassware, ceramics,
household goods, travelers cheques, works of art, liquor, wine,
spirits, tobacco, cigars, cigarettes, stocks, bonds, certificates,
bullion, money orders, stamps, jewelry, watches, cashier's cheques,
plants, liquids, perishables, furs. All computer, electronic goods
and the like must be in original manufacturer's packaging and are
not covered unless certified as operating before pick-up, and unless
packaging is damaged in transit and so noted upon delivery. Claims
made on shipments signed for in good order will not be processed.
The claimant agrees that notwithstanding any disclosure of the
nature or value of the goods, the amount of any loss or damage,
including consequential, incidental or indirect damage, loss of
earnings or profits resulting from the loss of or damage to the
goods, shall not exceed the maximum liability of CECL set out above.
Notice of Loss or Damage
Notice of loss or damage must be given to CECL within twenty-four
(24) hours after such loss or damage becomes known and in writing
within ten (10) days after the order was placed. CECL will accept no
liability for loss or damage unless written notice of such loss or
damage is received within ten days after the order was placed.
Fuel Surcharge
The
fuel surcharge applies to the cost of all orders using vehicles for
delivery based on the current fuel prices.
Copyright
Current Express Courier Limited 2023
Web Site by:
Ken Owttrim
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