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Terms and Conditions
PUROLATOR ONLINE SHIPPING LICENCE Before Customer will be able to ship using Purolator Online Shipping, Customer must first agree to be bound by and subject to the terms and conditions of this Purolator Online Shipping Licence. In order to evidence such agreement, Customer must click on "CUSTOMER AGREES" at the bottom of this Purolator Online Shipping Licence. Definitions. In this Purolator Online Shipping Licence, the following words or phrases shall have the following meanings: (a) "Bill(s) of Lading" includes any shipping document, label, waybill, manifest or similar item used by Purolator in the provision of its courier services. (b) "Customer" means you, the consignor, you, the shipper and, if applicable, your employer or the entity you represent and such employer's or entity's, as the case may be, employees, principals and agents. (c) "package or piece" means any envelope, container or non-packaged good that is tendered to Purolator by Customer and is accepted for carriage by Purolator. (d) "Purolator" means Purolator Courier Ltd., and includes its subsidiaries, branches and controlled entities and their respective employees, agents and independent contractors. (e) "shipment" means all packages or pieces which are tendered to Purolator by Customer and accepted for carriage by Purolator on a single Bill of Lading. (f) "Site" means this world wide web site, www.purolator.com. (g) "Terms and Conditions" means Purolator's standard terms and conditions in effect from time to time (the most current copy of which (text only) is reproduced under Article IX of this Purolator Online Shipping Licence). Article I. Grant of Licence. Subject to the terms and conditions of this Purolator Online Shipping Licence, Purolator grants to Customer a no fee, non-exclusive, non-assignable, right to use Purolator Online Shipping for the sole purpose of routing, recording, labelling, tracking and invoicing shipments tendered to Purolator by Customer for carriage and for obtaining shipping charge quotations in respect of same and for no other purpose whatsoever. Article II. Use of Purolator Online Shipping. Customer agrees to use Purolator Online Shipping for the sole purpose of routing, recording, labelling, tracking and invoicing shipments tendered to Purolator by Customer for carriage and for obtaining shipping charge quotations in respect of same and for no other purpose whatsoever. Purolator may alter or modify Purolator Online Shipping and Customer's use of Purolator Online Shipping at any time for any reason whatsoever. Customer also agrees not to disturb or attempt to disturb the normal operations of this Site, not to interfere with the operation of the Site or with service to any Site user by hacking, deleting, augmenting or altering the information contained in this Site. Article III. Right to Terminate. Customer's access to Purolator Online Shipping and Customer's use thereof may be terminated by Purolator at any time for any reason whatsoever without notice. Article IV. Payment of Shipping Charges. Customer agrees to remit to Purolator, how, as, and when requested by Purolator, payment in full of all charges generated from Customer's use of Purolator Online Shipping. Customer agrees to be solely responsible for payment to Purolator of all charges incurred under Customer's User ID, account number and/or credit card. Article V. Shipping Charge Quotations. Shipping charge quotations generated by Purolator Online Shipping are based upon the information estimated and provided by Customer. Accordingly, the actual shipping charges billed to Customer's account or credit card may be different than the shipping charge quotation generated by Purolator Online Shipping. Differences may occur based on shipment weight, dimensions and other factors. In that regard, Customer agrees to remit to Purolator payment in full of the actual charges billed to Customer's account or credit card. Article VI. Protection of Intellectual Property. The materials on this Site are protected by domestic and international copyright and trade-mark laws and other laws. © Copyright 2000, 2002 Purolator Courier Ltd., 5995 Avebury Road, Suite 100, Mississauga, Ontario, Canada L5R 3T8. All rights reserved. Certain trade-marks, trade-names, images, logos and pictures on this Site are proprietary to Purolator. Other trade-marks, trade-names, images, logos and pictures on this Site may be the trade-marks of their respective owners. Except as may be expressly provided, nothing contained in this Purolator Online Shipping Licence shall be construed as conferring any licence or right under copyright or other intellectual property rights. Any rights not expressly granted in this Purolator Online Shipping Licence are reserved. Article VII. Disclaimer. Customer expressly acknowledges and agrees that the materials on this Site are provided "AS IS", "AS AVAILABLE", and without representations, warranties or conditions of any kind, either express or implied and that Customer's use of Purolator Online Shipping is at Customer's sole risk. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PUROLATOR EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PUROLATOR DOES NOT WARRANT OR REPRESENT THAT THE INFORMATION OR MATERIALS (INCLUDING BUT NOT LIMITED TO DOCUMENTS AND RELATED GRAPHICS) AVAILABLE AT OR FROM THIS SITE ARE ACCURATE OR SUITABLE OR RELIABLE OR THAT THE SITE WILL BE FREE OF ERRORS, VIRUSES, BUGS, PROBLEMS OR OTHER LIMITATIONS. NO REPRESENTATION OR ADVICE (INCLUDING BOTH ORAL AND WRITTEN INFORMATION) GIVEN BY PUROLATOR OR AN AUTHORIZED REPRESENTATIVE OF PUROLATOR SHALL CREATE A WARRANTY. Article VIII. Limitation of Liability. IT IS A CONDITION OF ALLOWING CUSTOMER ACCESS TO THIS SITE THAT UNDER NO CIRCUMSTANCES WHATSOEVER, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL PUROLATOR BE LIABLE FOR ANY LOSS OR DAMAGE, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES IN TORT, PRODUCT LIABILITY, CONTRACT, OR UNDER ANY OTHER THEORY OF LAW (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA) ARISING OUT OF OR IN CONNECTION WITH CUSTOMER'S USE OF PUROLATOR ONLINE SHIPPING OR THIS SITE OR THE PERFORMANCE OR RELIABILITY OF INFORMATION, SOFTWARE, DOCUMENTS, PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR INFORMATION AVAILABLE FROM THIS SITE, EVEN IF PUROLATOR, OR AN AUTHORIZED REPRESENTATIVE OF PUROLATOR, WAS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Article IX. Terms and Conditions. The following paragraphs of this Article IX reproduce the text of Purolator's standard Terms and Conditions and Customer agrees that carriage by Purolator of any shipment tendered by Customer using Purolator Online Shipping is subject to all the terms and conditions located throughout this Site (including, without limitation, Purolator's Privacy Policy) and that such carriage shall be in accordance with and subject to the Terms and Conditions reproduced below. GUARANTEED SERVICES TERMS AND CONDITIONS OF GUARANTEE 9AM SERVICE GUARANTEE Place a 9AM STICKER on your package and Purolator will deliver it by 9:00 a.m. the next business day - or your money back.* Purolator will refund or credit the whole of the transportation charges (excluding any declared value charges) paid by the customer (payer), upon request, if Purolator delivers customer's shipment after 9:00 a.m. on the next business day, provided the following conditions are met: (i)The shipment destination must be a 9AM guaranteed delivery point from the point of origin. (ii)The delay must not be caused by some event beyond the control of Purolator, including but not limited to, those items set out under “Events Beyond Purolator's Control”. (iii)This guarantee applies to any qualified domestic overnight shipment, except shipments left in Purolator drop box facilities after the posted pick up time and all After Hours pick ups done after local cut-off times. 10:30AM SERVICE GUARANTEE Place a 10:30AM STICKER on your package and Purolator will deliver it by 10:30 a.m. the next business day - or your money back.* Purolator will refund or credit the whole of the transportation charges (excluding any declared value charges) paid by the customer (payer), upon request, if Purolator delivers customer's shipment after 10:30 a.m. on the next business day, provided the following conditions are met: (i)The shipment destination must be a 10:30AM guaranteed delivery point from the point of origin. (ii)The delay must not be caused by some event beyond the control of Purolator, including but not limited to, those items set out under “Events Beyond Purolator's Control”. (iii)This guarantee applies to any qualified domestic overnight shipment, except shipments left in Purolator drop box facilities after the posted pick up time and all After Hours pick ups done after local cut-off times. SATURDAY SERVICE GUARANTEE Place a SATURDAY SERVICE STICKER on your package and a package picked up on Friday will be delivered by 8:00 p.m. Saturday, and a Saturday pick up will be delivered by 8:00 p.m. on Monday - or your money back.* Purolator will refund or credit the whole of the transportation charges (excluding any declared value charges) paid by the customer (payer), upon request, if Purolator delivers customer's shipment (picked up on Friday) after 8:00 p.m. on Saturday, or if Purolator delivers customer's shipment (picked up on Saturday) after 8:00 p.m. on Monday, provided the following conditions are met: (i)The shipment destination must be a Saturday Service guaranteed delivery point from the point of origin. (ii)The delay must not be caused by some event beyond the control of Purolator, including but not limited to, those items set out under “Events Beyond Purolator's Control”. (iii)This guarantee applies to any qualified domestic overnight shipment, except shipments left in Purolator drop box facilities after the posted pick up time, and all After Hours pick ups done after local cut-off times. (iv)Purolator will not accept Saturday Service shipments which contain Dangerous Goods or require Chain of Signature (“COS”) service. (v)A Saturday Service shipment cannot be upgraded to a guaranteed 9AM or guaranteed 10:30AM delivery. NOON GUARANTEE Ship your package anywhere across Canada and Purolator will deliver it by noon on the next business day - or your money back.* Purolator will refund or credit the whole of the transportation charges (excluding any declared value charges) paid by the customer (payer), upon request, if Purolator delivers customer's overnight shipment after 12:00 noon on the next business day, provided the following conditions are met: (i)The shipment destination must be a next day, 12:00 noon guaranteed delivery point from the point of origin. (ii)The delay must not be caused by some event beyond the control of Purolator, including but not limited to, those items set out under “Events Beyond Purolator's Control”. (iii)This guarantee applies to any qualified domestic, non-discounted, non-contract overnight shipment, except shipments left in Purolator drop box facilities after the posted pick up time, and all After Hours pick ups done after local cut-off times. NEXT DAY – END OF DAY GUARANTEE Ship your package anywhere across Canada and Purolator will deliver it by 8:00 p.m. on the next business day - or your money back.* Purolator will refund or credit the whole of the transportation charges (excluding any declared value charges) paid by the customer (payer), upon request, if Purolator delivers customer's overnight shipment after 8:00 p.m. on the next business day, provided the following conditions are met: (i)The shipment destination must be a next day, end of day guaranteed delivery point from the point of origin. (ii)The delay must not be caused by some event beyond the control of Purolator, including but not limited to, those items set out under “Events Beyond Purolator's Control”. (iii)This guarantee applies to any qualified domestic, discount contract overnight shipment, except shipments left in Purolator drop box facilities after the posted pick up time, and all After Hours pick ups done after local cut-off times. U.S. AM GUARANTEE Ship your package to the U.S. and Purolator will deliver it by noon on the next U.S. business day - or your money back.* Purolator will refund or credit the whole of the transportation charges (excluding any declared value charges) paid by the customer (payer), upon request, if Purolator delivers customer's shipment after 12:00 noon on the next business day, provided the following conditions are met: (i)The shipment destination must be a next day, 12:00 noon guaranteed delivery point from the point of origin. (ii)The delay must not be caused by some event beyond the control of Purolator, including but not limited to, those items set out under “Events Beyond Purolator's Control”. (iii)This guarantee applies to any qualified overnight shipment from Canada to the U.S., except shipments left in Purolator drop box facilities after the posted pick up time, and all After Hours pick ups done after local cut-off times. *Some geographic service restrictions apply. Stickers are not required for shipments tendered to Purolator with Purolator-approved electronic Bills of Lading bearing the guaranteed service logo. Please call 1 888 SHIP-123 for details. In the event of a disruption in alternative delivery services, this guarantee shall not apply until the volume of shipments tendered to Purolator returns to normal. To request a refund or credit for transportation charges paid on guaranteed services, customers should call the telephone number on their invoice or 1 888 SHIP-123. Requests must be received by Purolator within forty-five (45) calendar days after acceptance of the shipment for carriage, failing which the guarantee shall be void. SERVICE STICKERS Customers should indicate the desired method of travel (i.e. AIR or GROUND) on the Bill of Lading and apply an AIR sticker, if required, beside the Bill of Lading. Most shipments to destinations within Canada that go beyond an approximate radius of 800 km (500 miles) from their originating address require an AIR sticker for next day (and two day west coast to east coast) delivery. GUARANTEED SERVICE STICKERS Call 1 888 SHIP-123 for the cities to which these services are guaranteed*, and follow these simple steps: ·Place the sticker on the shipment next to the Bill of Lading ·Check the appropriate service box on the Bill of Lading. 9AM guaranteed* delivery by 9:00 a.m. the next business day 10:30AM guaranteed* delivery by 10:30 a.m.the next business day SATURDAY SERVICE guaranteed* delivery by 8:00 p.m. Saturday (Friday pick up) or delivery by 8:00 p.m. Monday (Saturday pick up) *Some geographic service restrictions apply. Stickers are not required for shipments tendered to Purolator with Purolator-approved electronic Bills of Lading bearing the guaranteed service logo. Please call 1 888 SHIP-123 for details. In the event of a disruption in alternative delivery services, this guarantee will not apply until the volume of shipments tendered to Purolator returns to normal. To request a refund or credit for transportation charges paid on guaranteed services, customers should call the telephone number on their invoice or 1 888 SHIP-123. Requests must be received by Purolator within forty-five (45) calendar days after acceptance of the shipment for carriage, failing which the guarantee shall be void. FOR ADDITIONAL INFORMATION ·Visit our website at www.purolator.com. ·Call 1 888 SHIP-123 to speak to one of our friendly customer service professionals. OTHER SERVICES 1.SAME DAY SERVICE OPTIONS: (i)NEXT FLIGHT OUT is available for deliveries across Canada, or from Canada to the U.S. Customers' shipments will be picked up, taken to the nearest major airport and placed on the next available flight out. Upon landing, customers' shipments will be delivered directly to their destinations. (ii)DIRECT DRIVE service is a point to point direct delivery service available within Canada. Customers' packages will be collected from their pick up locations and driven directly to their destinations. (iii)ON AND GONE®, HOT, RUSH and REGULAR services are direct delivery in-city messenger services available in certain Canadian cities. Depending on the pick up location and destination and the service requested, Purolator may pick up and deliver customers' shipments in the same city within 30 minutes to 5 hours of the call for delivery. Please call 1 888 SHIP-123 for details regarding availability, delivery time commitments and rates. ® ON AND GONE is a registered trademark of Dynamex Inc. TERMS AND CONDITIONS: (i)A Same Day Bill of Lading must be completed by the customer/shipper. (ii)Dangerous Goods and COS shipments will not be accepted as Same Day deliveries. (iii)Purolator's liability for Same Day deliveries is limited - (see “Maximum Liability”). (iv)Same Day service options are not money-back guaranteed services. 2.EXPRESSCHEQUE TERMS AND CONDITIONS: (i)Prior to releasing the shipment to the receiver, Purolator agrees to collect a cheque, post-dated cheque, certified cheque, bank draft or money order made payable to the sender in the amount noted on the face of the ExpressCheque. (ii)Purolator's liability in the event of loss, damage, or delay in the delivery of the ExpressCheque envelope, regardless of the manner in which that loss, damage or delay occurs, or for failure to collect a cheque, postdated cheque, certified cheque, bank draft or money order at delivery, or if the amount noted on any of the above is incorrect, is limited to a refund of the freight charges paid for the ExpressCheque shipment. (iii)Purolator assumes no responsibility for ensuring the genuineness of a document purporting to be a cheque, post-dated cheque, certified cheque, bank draft or money order, and assumes no liability in the event that the document received by Purolator is not that which it was represented to be by the receiver or requested/expected to be by the sender. (iv)Purolator makes no representation regarding the validity of the cheque, post-dated cheque, certified cheque, bank draft or money order received and assumes no liability in the event that the cheque, post-dated cheque, certified cheque, bank draft or money order is not honoured. (v)Purolator assumes no responsibility for ensuring that the receiver complies with the form of payment requested by the sender and assumes no liability in respect thereof. (vi)The sender is required to advise the receiver of the amount of the cheque, postdated cheque, certified cheque, bank draft or money order required prior to delivery by Purolator, any of which must be made payable to the sender, and any of which are accepted at sender's risk. (vii)If the receiver refuses to accept delivery of the shipment, for whatever reason, the sender will be billed and agrees to pay the shipping costs for the return of the shipment. (viii)Only cheques, post-dated cheques, certified cheques, bank drafts or money orders are acceptable. Cash is prohibited. (ix)These ExpressCheque terms and conditions are non-negotiable and cannot be altered, varied or amended. TERMS & CONDITIONS OF CARRIAGE 1.SERVICES All services provided by Purolator, including those provided through agents, are subject to and governed by these Terms and Conditions and the terms and conditions contained in the Bill of Lading, and will be billed in accordance with Purolator's specified rates. Any reference to “Bill of Lading” in these Terms and Conditions includes any shipping document, label, waybill, manifest or similar instrument used by Purolator in the provision of its courier services. In the event of an inconsistency between these Terms and Conditions and the terms and conditions contained in the Bill of Lading, these Terms and Conditions will govern to the extent of such inconsistency. 2.PAYMENT Non-account customers shall pay for courier 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 shall pay for courier services within seven (7) calendar days from the date of invoice or in accordance with their courier services agreement. In the event the customer fails to pay an invoice in full, when due, interest may be charged at the rate of 1.5% per month (with an effective rate of 19.6% per annum), on all outstanding amounts. This is in addition to any other legal rights and remedies available to Purolator. 3.NOTICE OF CLAIM FOR LOSS OR DAMAGE (a)Loss or Damage Claims 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 - All except international air shipments Concealed damage: 21 days from delivery Damage evident upon delivery: 60 days from delivery Loss/Failure to deliver: 9 months from date of shipment Type of Shipment - International air shipments Concealed damage: 14 days from delivery Damage evident upon delivery: 14 days from delivery Loss/Failure to deliver: 90 days from date of shipment In cases where the Convention 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. Excluding refund requests made in respect of Guaranteed Services, all claims must be submitted in writing with the Bill of Lading number and supporting documentation to: Purolator Courier Ltd. National Claims Department 1234 Main Street, 7th Floor Moncton, New Brunswick E1C 1H5 e-mail: claims@purolator.com Facsimile: 1-800-447-6933 Call 1 888 SHIP-123 for further information on the options available for filing a claim and the supporting documentation required. (b)Request a Refund for Guaranteed Services To obtain a refund or credit for transportation charges where applicable in accordance with Purolator's service guarantee(s), customers should call the telephone number on their invoice or 1 888 SHIP-123 and be ready to provide their Bill of Lading number. Claims for Guaranteed Services must be received by Purolator within forty-five (45) calendar days after acceptance of the shipment for carriage, failing which the guarantee shall be void. 4.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) days. Failure to retain the shipment and packaging for inspection may result in the claim being denied. 5.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 $5,000.00. THE PORTION OF ANY DECLARED VALUE IN EXCESS OF CDN $5,000.00 IS VOID AND OF NO FORCE OR EFFECT. OTHER LIMITATIONS ON LIABILITY MAY APPLY IF THE SHIPMENT IS GOVERNED BY THE CONVENTION (SEE "APPLICABLE LAW"). 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. 6.DELAY Purolator is not responsible for the consequences (direct or indirect) of a failure to deliver a shipment by a stipulated time. 7.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 (see “Maximum Liability”). 8.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; (b) the market value of the goods; (c) the original cost of the goods to the claimant; and (d) the cost of repairing the goods. 9.DEFINITION OF SHIPMENT A “shipment” constitutes one or more packages sent on the same date and at the same time from one shipper to one receiver at one address. 10.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, public health crises, 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. 11.RIGHT OF INSPECTION Purolator reserves the right to open and inspect any package tendered to it for transportation. 12.REFUSAL OF PACKAGES Purolator reserves the right to refuse any package 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 packed or wrapped. For further information on packaging requirements see “Package Acceptance Policy”. 13.HEAVY WEIGHT SERVICE Purolator may accept shipments that exceed the maximum shipment weight limitations herein, provided that Heavy Weight Service has been pre-arranged by calling 1 888 SHIP-123. It is the shipper's responsibility to advise the receiver of a Heavy Weight shipment that assistance moving the shipment at the receiving end will be required to effect delivery. (Please Note: Special Handling Charges may apply over 70 pounds - see “Ancillary Charges”) 14.SHIPPING RESTRICTIONS (a)Purolator does not offer collect shipment services for U.S. or other international destinations. (b)Purolator does not provide service to post office boxes. (c)Purolator will accept certain Dangerous Goods provided they comply with all applicable legislation and these Terms and Conditions. (d)Fragile items such as glass and ceramics are not compatible with Purolator's high speed sorting and handling process. Any shipments accepted into Purolator's distribution system that contain fragile items must travel at shipper's risk (see “At Shipper's Risk”). (e)Purolator does not accept any shipment prohibited by law. (f)Except by special arrangement, Purolator does not provide temperature controlled services. Any shipments requiring temperature control that are accepted into the Purolator distribution system must travel at shipper's risk (see “At Shipper's Risk”). (g)Shipments not packaged and/or tendered in accordance with these Terms and Conditions must travel at shipper's risk (see “At Shipper's Risk”). 15.ALTERNATE MODES OF TRANSPORTATION Purolator reserves the right to substitute alternate modes of transportation for that selected by the customer. Notwithstanding the foregoing, in the event the customer fails to indicate a mode of transportation on the Bill of Lading, Purolator reserves the right to transport the shipment by the fastest mode of transportation available and customer acknowledges that charges based on such mode of transportation shall be levied and agrees to pay same. Any exercise by Purolator of these rights shall in no way affect the maximum liability of Purolator stated in these Terms and Conditions (see “Maximum Liability”). 16.SUBCONTRACTORS Purolator reserves the right to use subcontractors in the performance of its services. Any exercise by Purolator of this right shall in no way affect the maximum liability of Purolator stated in these Terms and Conditions (see “Maximum Liability”). 17.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. Purolator reserves the right to withhold delivery of a shipment and/or return the shipment to the shipper (at the shipper's expense) if a proof of delivery signature cannot be obtained. 18.PROHIBITED SHIPMENTS: Domestic Destinations The following items will not be accepted by Purolator for shipment within Canada: (a)Human remains in any form. (b)Live animals, birds or insects. (c)Live plants or cut flowers. (d)Cash, coins or other securities negotiable without endorsement such as bearer bonds, gift certificates, etc. (e)Fish, seafood, or meat (fresh or frozen). (f)Items longer than 8 feet for AIR shipments and 10 feet for GROUND shipments. (g)Tobacco or alcohol, inter-provincial (i.e. across provincial boundaries). (h)Firearms, weapons of any kind (including parts thereof) or ammunition. (i)Dangerous Goods included in the following classes and/or divisions: Class 1 (except Class 1.4S); Class 2.3; Class 4.3, Packing Group 1; Class 5.2; and Regulated Wastes. (j)Drugs prohibited by law. U.S. Destinations The following items in addition to those listed above under the heading “Prohibited Shipments-Domestic Destinations” will not be accepted for shipping to, from or within the U.S.: (a)The following articles when shipped as personal effects or otherwise: (i)Cuban products. (ii)Drugs prohibited by law, including aspirin containing codeine. (iii)Furs, fur clothing, fur-trimmed clothing. (iv)Jewelry, gold or any other precious metals (other than costume jewelry). (b)Dangerous Goods included in any of the following classes and/or divisions: Class 1; Class 2.3; Class 4 (any division); Class 5 (any division); Regulated Wastes and any Dangerous Goods which are not prepared in accordance with the ICAO Technical Instructions/IATA Regulations. (c)Alcohol, including samples. Other International Destinations Restricted items vary by country. For further information, please call 1 888 SHIP-123 to speak to a customer service agent. 19.“AT SHIPPER'S RISK” The following shipments are not well suited to Purolator's distribution and sorting systems and are therefore subject to a high risk of damage. For this reason, these shipments will be accepted for carriage, but only at shipper's risk (i.e. Purolator shall not have any liability for these shipments and will not accept any claims for loss, damage or delay of these shipments): (a)Glass, ceramics and other similarly fragile items. (b)Liquids. (c)Items requiring temperature control. (d)Confectionery products such as potato chips, chocolate, pastries and baked goods. (e)Unpackaged items. (f)Privately packaged items (e.g. items not in manufacturer's original packaging). (g)Items not packaged in accordance with Purolator's Package Acceptance Policy. (h)Artwork. (i)Antiques. (j)Those items that are prohibited but which are tendered to Purolator and accepted for carriage. “At shipper's risk” shipments accepted into Purolator's distribution system must travel on a “no-value” basis (i.e. customer cannot increase Purolator's liability by declaring a value for the shipment on the face of the Bill of Lading, or, in the case of shipments tendered via automated shipping systems, in the designated user entry field). 20.LIQUIDATION Purolator reserves the right to liquidate (i.e., sell or destroy) unclaimed freight that: (i) in the case of general freight, has been in its possession for 120 days or more; or (ii) in the case of specialized freight (e.g., perishable or costly to store), has been in its possession for 30 days or more. Unclaimed freight includes freight that is unmarked or that has been refused by the shipper and the receiver. For greater certainty, Purolator's maximum liability in respect of any liquidated freight shall be the maximum liability stated in these Terms and Conditions under “Maximum Liability”. RATE APPLICATION AND ADDITIONAL CHARGES 1.RATE APPLICATION Purolator's first tariff rates and beyond point rates (available upon request) apply to all services provided by Purolator. Purolator reserves the right to make additions or deletions to such rates at any time. 2.DECLARED VALUE CHARGES (For Purolator liability purposes only – Purolator does not provide insurance). If the shipper declares a value for Purolator liability purposes, a surcharge of 3.25% of the amount of the declared value will be applied to the shipment. Notwithstanding the foregoing, no declared value surcharge will be applied to shipments (except Same Day shipments) with a declared value (for Purolator liability purposes) of up to $100.00. See “Maximum Liability” for the maximum value that may be declared for Purolator liability purposes in respect of any shipment. 3.SALES TAXES, DUTIES AND BROKERAGE FEES The 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 brokerage fees, surcharges, customs and duties assessments (hereinafter referred to as “Duties”) related to shipments tendered to Purolator by the customer. 4.REWEIGH Purolator reserves the right to reweigh shipments, notwithstanding that a weight has been declared on the Bill of Lading. Reweighing is done on government approved scales. Purolator does not reweigh any of its PuroLetter envelopes. In the event that the customer fails to declare a weight on the Bill of Lading and Purolator does not reweigh the shipment, Purolator reserves the right to ascribe to any such shipment an average shipment weight. The customer acknowledges that charges based on the weight determined or ascribed by Purolator shall be levied and agrees to pay same. 5.CUBING/LOW DENSITY SHIPMENTS All charges are based on a minimum density of: •15 lbs. per cubic foot for AIR shipments (6.804 kgs per .0283 cubic metres) •10 lbs. per cubic foot for GROUND shipments (4.562 kgs per .0283 cubic metres) Charges for low density shipments will be calculated at the appropriate density rate per cubic foot. The formula to be used in calculating the cubed weight of each package in the shipment is as follows: Dimensional weight = length x width x height ______________________ (in inches) 1728 Metric equivalent = length x width x height ______________________ 27,000 X 15 lbs. (for AIR) or X 10 lbs. (for GROUND) 6.LOCATION CHARGES (a)Beyond Charge An additional charge will be applied where the origin or destination point is deemed by Purolator to be remote or is not serviced directly by Purolator. (b)Rural Charge An additional charge will be applied where a pick-up or delivery area is deemed by Purolator to be rural in nature. 7.ANCILLARY CHARGES (a)Chain of Signature (COS) Charge An additional charge will be applied when shipping items via Purolator's COS service. (b)Special Handling Charges An additional charge will be applied when shipping items which require special handling, including, without limitation: (i)non-packaged (unboxed) items (excluding PuroLetter, PuroPak and document shipments): items not fully encased in a suitable shipping container (e.g. tires, pails, shrink wrapped items, etc.); (ii)overweight/oversized items: items which weigh more than 70 lbs and/or equal or exceed 5 feet in length and/or equal or exceed a total overall package size of 165 inches (calculated as follows: length + 2 x width + 2 x height); and (iii)unsuitable items: items which, due to their nature (size, shape, packaging, contents, e.g. ball bearings, nuts, bolts and fasteners, liquids, wooden or metal crates, etc.), are deemed by Purolator, in its sole discretion, to be unsuitable for sorting and/or handling using Purolator's automated systems. The payment of Special Handling Charges in respect of a particular shipment will in no way affect Purolator's maximum liability stated in these Terms and Conditions or the classification of a shipment as being “at shipper's risk”. (c)Dangerous Goods Charge An additional charge will be applied when shipping Dangerous Goods. (d)After Hours Pick Up Charge An additional charge will be applied where the request for pick up is received after standard order taking hours or the shipment is picked up after standard pick up times. (e)Redelivery/Redirect Charge An additional charge may be applied if Purolator is asked to: (i)redeliver the shipment following any unsuccessful delivery attempt; or (ii)redirect delivery of the shipment to an address other than the delivery address indicated on the Bill of Lading. Purolator reserves the right to refuse any request for redelivery or redirection. 8.ADMINISTRATIVE CHARGES (a)Address Correction Charge An additional charge will be applied where the receiver's address is incorrect, incomplete or illegible. (b)Missing/Invalid Account Number Charge An additional charge will be applied where no account number appears or an incorrect account number is inserted on the Bill of Lading by the shipper. (c)Collect/Third Party Charge An additional charge will be applied when transportation charges are paid by the receiver or a third party. (d)Proof of Delivery Charge Purolator will provide electronic Proof of Delivery (POD), where available, to customers at no charge. Electronic POD's may be obtained through Purolator's website, www.purolator.com, from either of the following e-mail addresses: track@purolator.com or PODtrack@purolator.com, through Purolator's Automated Shipping Software, or verbally by calling 1 888 SHIP-123. (e)Fuel Surcharge Purolator reserves the right to apply, from time to time, a fuel surcharge on all AIR and GROUND shipments. Any such fuel surcharge applied shall be applied to the sum of the following shipping charges: base shipping rate + additional weight charges + rural charges + beyond charges. The fuel surcharge is subject to change from time to time upon fifteen (15) days' prior notice. (f)Rebilling Charge An additional charge will be applied where the original invoice was as requested and customer requests a change to the invoice. (g)Credit Card Retrieval Charge Purolator will provide back up in respect of credit card transactions for six (6) months from the payment date free of charge. After six (6) months, a fee may apply. 9.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 the receiver, on a collect shipment, or third party, on a third party billing shipment, refuses 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). 10.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 Customer: Call the number on your invoice or 1-866-313-HELP(4357) to report discrepancies. PACKAGE ACCEPTANCE POLICY 1.EXTERIOR PACKAGING (i)Defect-Free Carton A defect-free carton maintains the original rigidity of its corrugated sidewalls. The carton's corner seals and flaps must remain intact. Carton defects include punctures, tears, rips or corner damage, each of which reduces the carton's structural integrity. (ii)Defect-Free Carton Closure Masking or cellophane tapes will not supply the strength necessary to secure packages travelling through Purolator's distribution system. The minimum acceptable tape is two inches wide for pressure-sensitive plastic tape, and three inches wide for water-activated or reinforced paper tape. The use of string, rope, plastic straps or elastic bands on the outside of a package is prohibited, as is the use of gift wrap or brown postal paper on the exterior of any package. (iii)Strength of Carton The strength of the corrugated carton is a critical factor in a package's ability to withstand the normal shipping trauma of handling and transportation. The carton's class stamp, printed on the bottom of the carton, designates the maximum allowable content weight and is shown as the last number at the bottom of the stamp. Cans and pails: Lid clips must be used on all sizes of paint cans. Locking lids must be used on all sizes of pails. 2.INTERIOR PACKAGING The contents of a package must be held firmly in place by the interior (internal) packaging system. Interior packaging must protect carton contents from normal external forces such as the pressure exerted by the stacking of other packages on top of it. Sufficient internal packaging is especially important for light, fragile packages. 3.SIZE LIMITATIONS: Intra-Canada AIR shipments: Max. length: 96 inches (244 centimetres) Max. size: 144 inches (366 centimetres) GROUND shipments: Max. length: 120 inches (305 centimetres) Max. size: 216 inches (549 centimetres) Between Canada and U.S. All shipments: Max. length: 72 inches (183 centimetres) Max. size: 210 inches (533 centimetres) Max. weight per piece: 150 lbs (68 kgs) Max. weight per shipment: 551 lbs (250 kgs) Between Canada and Other International All shipments: Max. length: 60 inches (152 centimetres) Max. size: 144 inches (366 centimetres) Max. weight per piece: 70 lbs (32 kgs) Max. weight per shipment: 200 lbs (91 kgs) Max. size is calculated as follows: length + 2 x height + 2 x width Please note: Special Handling Charges may apply (see “Ancillary Charges”) 4.UNPACKAGED GOODS Unpackaged goods (i.e., goods that are not protected by outer packaging) are subject to Special Handling Charges and are only accepted for shipping once Purolator is satisfied that they do not pose any hazard to Purolator staff, equipment and/or other packages. 5.PROPER LABELLING Each package or piece must display a Purolator or Purolator approved Bar Coded Parcel Identification Number (P.I.N.) and a properly secured and completed address label, as follows: (i)The address label(s) display(s) the shipper's and receiver's full address including postal code and phone number, including area code (post office box addresses are not permitted). In addition to the above information, the address label must contain: -Customer account number -Service option selected -Billing instructions -Number of pieces -Weight of shipment -Declared value (for Purolator liability purposes) – optional -Date and signature (ii)The address label must be securely fastened to the top of each package or piece. String or wire tags are not acceptable. Improper labelling may result in the shipment being delayed or lost. It is strongly recommended that a duplicate label be attached to an inner flap of each package or piece. (iii)Address labels must be flat with all Purolator barcodes visible. Labels should not be wrinkled, creased, folded or placed on the package in a manner that may make them difficult to scan and/or read (e.g. on box corners or uneven surfaces or seems). (iv)All previous delivery address labels and markings must be covered or removed. (v)A shipment consisting of more than one package or piece must have each package or piece individually numbered. If a shipment consists of three packages, for example, the packages would be marked as being 1 of 3, 2 of 3 and 3 of 3. This numbering of packages is in addition to the requirement that each package or piece of the shipment displays a unique P.I.N. and full delivery address. (vi)Orientation “up” arrows must be located on either both sides or ends of each package containing liquids or fragile items. (vii)Liquid packs must be labelled “SPILLABLE”. Glass or ceramic products must be labelled “GLASS”. (viii)Items weighing in excess of 70 lbs must be labelled as “Heavyweight”. (ix)Maximum of four (4) pieces per shipment when using a manual bill of lading. NOTE:Rural route numbers (RR#s) are not acceptable in the Purolator distribution system unless the receiver's full phone number is clearly marked on all shipment packages or pieces and the Bill of Lading. For U.S. and other international shipments that consist of more than one package or piece, the main Bill of Lading number must be clearly written on each additional package or piece (because such shipments are tracked by a single P.I.N. once outside of Canada). 6.CUSTOMER REPRESENTATION AND WARRANTY The customer represents and warrants that the shipment will be properly described on the face of the Bill of Lading and any accompanying documentation. The customer further warrants that the shipment: (i)will be acceptable for transport; (ii)will not consist of “Prohibited Shipments” (see “Terms and Conditions of Carriage”); (iii)will comply with Purolator's “Shipping Restrictions” (see “Terms and Conditions of Carriage”); and (iv)will be properly marked, addressed and packaged to ensure safe transportation in accordance with Purolator's ordinary care in handling and in accordance with all applicable legislation, including without limitation, the Transportation of Dangerous Goods Act and the Regulations thereto, the ICAO Technical Instructions and the IATA Regulations. 7.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 conditions of carriage 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 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, 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. Article XI. Address Book. Subject to the terms of this Article XI, addresses will remain in Customer's address book as long as Customer uses Purolator Online Shipping. If Customer fails to use Purolator Online Shipping for a period of three (3) months, Purolator will delete Customer's addresses and User ID, but will not delete Customer's account. A back-up copy of the addresses contained in Customer's Address Book should be maintained by Customer as Purolator will not be responsible for the loss of addresses contained in Customer's Address Book. Article XII. Registration for User ID. When Customer registers for a Purolator Online Shipping User ID, Customer agrees to provide Purolator with up-to-date registration information that is both accurate and complete. Failure to provide accurate, complete and up-to-date registration information may result in shipment problems for which Purolator shall have no liability or responsibility. Customer may not select or use a screen name of another Purolator Online Shipping user or one which, in Purolator's sole discretion, is distasteful. Customer agrees to immediately notify Purolator of any known or suspected unauthorized use of Customer's account and/or credit card number. Article XIII. Governing Law, Severability and Agreement to Disclaim. This Site is administered by Purolator from its offices in Mississauga, Ontario, Canada. Customer agrees that this Purolator Online Shipping Licence and all disputes or other matters arising out of it shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to any principles of conflicts of laws contained therein, and dealt with by a court of competent jurisdiction in Ontario, Canada. If for any reason a court of competent jurisdiction finds any provision of this Purolator Online Shipping Licence, or any portion of any provision, to be unenforceable, that provision or portion thereof, as the case may be, shall be enforced to the maximum extent permissible so as to effect the intent of this Purolator Online Shipping Licence and the remainder of this Purolator Online Shipping Licence shall remain in full force and effect. Customer agrees that if Customer sues Purolator and does not obtain judgment in Customer's favour, Customer will pay all of Purolator's costs, including reasonable fees for in-house and outside legal counsel. Purolator and Customer specifically disclaim the UN Convention on Contracts for the International Sale of Goods. Article XIV. Currency. All references on this Site and in this Purolator Online Shipping Licence to currency (including, without limitation, all shipping charge quotations generated by Purolator Online Shipping and all charges incurred under Customer's User ID, account and/or credit card number) shall be deemed to mean lawful money of Canada. Article XV. Entire Agreement. This Purolator Online Shipping Licence constitutes the entire agreement between Customer and Purolator relating to the matters raised in this Purolator Online Shipping Licence and supersedes all prior formal and informal agreements, proposals, promises, inducements, representations, conditions, warranties, understandings, negotiations and discussions, whether oral or written, of the parties respecting same. The provisions of Articles IV, V, VI, VII, VIII, IX and XIII shall survive the termination of this Purolator Online Shipping Licence. I agree to be bound by and subject to the terms and conditions of this Purolator Online Shipping Licence on behalf of myself and, if applicable, my employer or the entity I represent, which employer or entity, as the case may be, I have the authority to bind. "CUSTOMER AGREES" "CUSTOMER DOES NOT AGREE"
Yes, I agree.
No, I do not agree.
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