Purolator Freight

APPLICATION
All services (as defined below) provided by Purolator are subject to and governed by these Terms and Conditions of Service and the terms and conditions contained in the bill of lading (as defined below), and will be billed in accordance with Purolator's rates for such services contained in the services agreement between Purolator and the customer (defined below). For greater certainty, these Terms and Conditions of Service do not apply to Purolator's courier services, which are subject to and governed by the terms and conditions of service available at www.purolator.com.

In the event of an inconsistency between these Terms and Conditions of Service and the terms and conditions contained in the bill of lading, these Terms and Conditions of Service will govern to the extent of such inconsistency.
DEFINITIONS

“bill of lading” means any shipping document, label, waybill, manifest or similar instrument used by Purolator in the course of providing its services.

“customer” means the shipper or the receiver, as the context requires.

“Purolator” means Purolator Courier Ltd., including its agents, contractors and subcontractors that provide all or any part of the services.

“services” means truck-load and less-than-truckload services provided by Purolator, and specifically excludes courier services provided by Purolator.

“shipment” means one or more packages or pallets sent on the same date and at the same time from one shipper to one receiver at one address.
PAYMENT
Non-account customers are required to pay for services at the time services are requested or, if charges are invoiced by Purolator, in accordance with the terms of the applicable invoice. Account customers are required to pay for services within seven (7) calendar days from receipt of the invoice or in accordance with the terms of their services agreement with Purolator.

NOTICE OF CLAIM FOR LOSS OR DAMAGE
Purolator will not process any claim for loss of or damage to any shipment 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 or damage is given to Purolator in writing within the following prescribed time limits, failing which Purolator will have no liability in respect of the shipment.

Type of shipment	Type of damage /loss
Type of shipment	Concealed damage	Damage evident upon delivery	Loss/Failure to deliver
All except international air shipments	7 days from delivery	60 days from delivery	9 months from date of shipment
International air shipments	14 days from delivery	14 days from delivery	90 days from date of shipment

In cases where the Convention (see "Applicable Law") does not apply, the final statement of claim must be filed within nine (9) months from the date of shipment together with a copy of the bill of lading.

The right to damages of any kind against Purolator shall be extinguished unless an action is brought within two (2) years from the date on which the shipment should have been delivered, or from the date on which carriage stopped.

All claims must be submitted in writing with the bill of lading number and supporting documentation to:

Purolator Freight
National Claims Department
1234 Main Street, 7th Floor
Moncton, New Brunswick ElC 1H5
e-mail: claims@purolator.com
Facsimile: 1-800-447-6933

Call 1 888 302-8819 for further information on the options available for filing a claim and the supporting documentation required.

DAMAGE INSPECTIONS
Purolator retains the right to inspect any shipment that is the subject of a damage claim. If, at the time the damage claim is submitted, Purolator requests that the customer retain the shipment and packaging for inspection, the customer shall retain the shipment and packaging for inspection by Purolator for a period of thirty (30) calendar days. Failure to retain the shipment and packaging for inspection may result in the claim being denied.
MAXIMUM LIABILITY
THE AMOUNT OF ANY LOSS OR DAMAGE FOR WHICH PUROLATOR MAY BE LIABLE, WHETHER OR NOT THE LOSS OR DAMAGE RESULTS FROM NEGLIGENCE, GROSS NEGLIGENCE OR A FAILURE TO PERFORM THE CONTRACT, SHALL NOT EXCEED CDN $4.41 PER KILOGRAM (OR CDN $2.00 PER POUND) COMPUTED ON THE TOTAL WEIGHT OF THE SHIPMENT, UNLESS A VALUE (FOR PUROLATOR LIABILITY PURPOSES) IS DECLARED IN THE APPROPRIATE BOX ON THE FACE OF THE BILL OF LADING, OR, IN THE CASE OF SHIPMENTS TENDERED VIA AUTOMATED SHIPPING SYSTEMS, IN THE APPROPRIATE USER ENTRY FIELD, AND THE APPLICABLE SURCHARGE IS PAID, IN WHICH CASE PUROLATOR'S MAXIMUM LIABILITY SHALL BE THE AMOUNT OF THE DECLARED VALUE. THE MAXIMUM VALUE THAT MAY BE DECLARED (FOR PUROLATOR LIABILITY PURPOSES) IN RESPECT OF ANY SHIPMENT IS CDN $25,000.00. THE PORTION OF ANY DECLARED VALUE IN EXCESS OF CDN $25,000.00 IS VOID AND OF NO FORCE OR EFFECT. OTHER LIMITATIONS ON LIABILITY MAY APPLY IF THE SHIPMENT IS GOVERNED BY THE CONVENTION.

THE CUSTOMER AGREES AS A SPECIAL AGREEMENT WITH RESPECT TO ALL SHIPMENTS THAT, REGARDLESS OF WHETHER OR NOT THE CONVENTION APPLIES AND NOTWITHSTANDING ANY DISCLOSURE OF THE NATURE OR VALUE OF THE GOODS, THE AMOUNT OF ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF EARNINGS OR PROFITS, RESULTING IN ANY MANNER, WHETHER OR NOT FROM NEGLIGENCE OR GROSS NEGLIGENCE, FROM LOSS OF OR DAMAGE TO THE GOODS AND/OR MISDELIVERY, FAILURE TO DELIVER OR DELAY IN DELIVERY OF THE GOODS, FOR WHICH PUROLATOR MAY BE LIABLE TO THE CUSTOMER/SHIPPER, OWNER, RECEIVER AND/OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THE MAXIMUM LIABILITY OF PUROLATOR SET OUT ABOVE. UNDER NO CIRCUMSTANCES SHALL PUROLATOR BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES.
DELAY
Purolator is not responsible for the consequences (direct or indirect) of a failure to deliver a shipment by a stipulated time.
LOSS OF PERSONAL INFORMATION
Purolator's liability for loss of personal information (i.e., information about an identifiable individual) contained in any shipment is limited in accordance with the limitations on liability contained in these Terms and Conditions of Service (see "Maximum Liability").
VALUATION OF CLAIM FOR LOSS OR DAMAGE
Regardless of the weight of the shipment or any declared value for carriage entered on the bill of lading, Purolator's maximum liability for loss of or damage to a shipment shall not exceed the lesser of: (a) Purolator's maximum liability set out in these Terms and Conditions of Service; (b) the market value of the goods; (c) the original cost of the goods; and (d) the cost of repairing the goods.
EVENTS BEYOND PUROLATOR'S CONTROL
Purolator shall not be liable to refund or credit transportation charges, or for any loss, damage, delay, non-delivery, misdelivery or failure to deliver, caused by events beyond Purolator's control, including, but not limited to, any act, default or omission of the shipper, owner, receiver or any party having an interest in the shipment, defects or inherent vice in the shipment, inadequate or incorrect markings or address on the bill of lading, acts of God, perils of the air, weather conditions, mechanical delays, disruptions in air or ground transportation networks, acts of public enemies, quarantine, war, strikes or other labour disruptions, terrorism, riots or civil commotion, acts of public authorities (including customs or health officials) with actual or apparent authority or shipments requiring extraordinary handling, documentation or routing.
RIGHT OF INSPECTION
Purolator reserves the right to open and inspect any shipment tendered to it for transportation.
REFUSAL OF SHIPMENTS
Purolator reserves the right to refuse any shipment which, in the sole and unfettered judgement of Purolator, may soil, taint, or otherwise damage other merchandise or equipment, or which is economically or operationally impractical to transport, or which is improperly prepared for transportation.
PROHIBITED SHIPMENTS
Purolator will not transport any shipment that: (a) it is prohibited by law from transporting; or (b) is inadequately prepared for normal transportation having regard to the nature of such shipment (collectively, “Prohibited Shipments”). In the event that Purolator unknowingly transports a Prohibited Shipment, Purolator will have no liability whatsoever in respect of the loss, damage, delay, misdelivery, nondelivery or failure to deliver such shipment. In any other circumstance, Purolator’s maximum liability shall be as stated in these Terms and Conditions of Service under “Maximum Liability”.
ALTERNATE MODES OF TRANSPORTATION
Purolator reserves the right to substitute alternate modes of transportation for that selected by the customer. Any exercise by Purolator of this right shall in no way affect Purolator’s maximum liability stated in these Terms and Conditions of Service (see “Maximum Liability”).
SUBCONTRACTING
Purolator reserves the right to subcontract all or any part of the services to third parties. Any exercise by Purolator of this right shall in no way affect Purolator’s maximum liability stated in these Terms and Conditions of Service (see “Maximum Liability”).
DELIVERY
Purolator will deliver the shipment to the delivery address indicated on the bill of lading. Purolator is not required to deliver the shipment to any particular person, whether or not specifically identified on the bill of lading.
RATE APPLICATION
Charges for services are determined in accordance with the rates contained in the customer’s services agreement with Purolator.
DECLARED VALUE CHARGES
(For Purolator liability purposes only – Purolator does not provide insurance.)
A surcharge of 3.25% of the declared value (for Purolator liability purposes) is applied to all shipments.
SALES TAXES AND DUTIES
Customer shall pay to Purolator or its designated customs broker (where applicable) any and all goods and services taxes (or any other similar taxes imposed with respect to the services provided, whether characterized as goods and services tax, sales tax, value added tax, business transfer tax or otherwise) (hereinafter referred to as “Sales Taxes”) so that Purolator or its designated customs broker is fully reimbursed by the customer as required by law. In addition to Sales Taxes, the customer shall pay to Purolator or its designated customs broker (where applicable) any and all surcharges, customs and duties assessments (hereinafter referred to as “Duties”) related to shipments tendered to Purolator by the customer.
CUBING / LOW DENSITY SHIPMENTS
Purolator may reweigh and cube shipments and recalculate the charges accordingly. If the cubed weight of a shipment is greater than its actual weight, the cubed weight will apply to calculate the freight charges. All shipments are ascribed a minimum density of 10 pounds per cubic foot. If a shipment cannot be stacked, it is ascribed a height of 8 feet. All shipments occupying 10 feet of trailer space or more are ascribed a weight of 1,000 pounds per linear foot of space used.
ACCESSORIAL CHARGES
Shipments may be subject to certain accessorial charges. For a description of the accessorial charges, please visit www.purolatorfreight.com.
FUEL SURCHARGE
Purolator’s fuel surcharges for LTL services are set on a weekly basis to ensure that current market costs for fuel are accurately reflected. Every Monday, Purolator implements the fuel surcharges set the previous Thursday by the Freight Carriers Association of Canada. The actual fuel surcharge to be applied to a particular shipment depends on the weight of the shipment with the percentage amount of the surcharge varying with the weight of the shipment as follows: LTL (shipments with billed weight up to 10,000 lbs); TL (shipments with billed weight between 10,000 and 54,999 lbs); and Heavy TL (shipments with billed weight of 55,000 lbs and above).

The fuel surcharge applies to all shipments and will be applied to all base freight charges plus all fuel consuming accessorials including without limitation: power tailgate; re-delivery; protect from freezing; stop-off; trailer spotting; and attempted pick-up (vehicle furnished but not used).
PAYMENT GUARANTEE
The shipper agrees to pay Purolator or its designated customs broker (where applicable) all shipping charges (including, without limitation, all Sales Taxes and Duties) in the event that the receiver, on a collect shipment, or third party, on a third party billing shipment, fails to pay Purolator.
Where a shipment is undeliverable, the shipper agrees to pay all charges incurred in the return of such shipment to the shipper (including, without limitation, all Sales Taxes and Duties).
INVOICE DISCREPANCIES
Invoice/billing discrepancies must be brought to Purolator’s attention within six (6) months of the date of invoicing following which time such invoices will be deemed accepted by the customer. Please call 1 888 302-8819 to report any such discrepancies.
Applicable Law
The contract for the carriage of goods contained in the bill of lading shall be deemed to include and be subject to the terms and conditions prescribed by the law of the jurisdiction where the shipment originates.
To the extent that any provision contained or referred to in these Terms and Conditions of Service or a bill of lading is invalid or unenforceable at law, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision so contained or referred to.

When used in these Terms and Conditions of Service, the term “Convention” means the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, Poland, October 12, 1929 or the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, Canada, May 28, 1999, or those conventions as amended or supplemented as may be applicable. When applicable, the Convention in most cases limits the liability of Purolator in respect of loss of, damage to, or delay in the carriage of shipments.