The Shipper/Consignor acknowledges and accepts the following Terms and Conditions.

Carrier does not guarantee delivery times, including but not limited to delivery times for tender submissions.

Limitation Of Liability

1. The Carrier shall not, despite any disclosure of:

(a) the special nature or value of the goods to be carried (“the Goods”) under the bill of Lading; or

(b) the loss or injury that may result in the event of delay in or failure of full and proper delivery be liable in contract, tort or otherwise to the Shipper/Consignor and/or any third party for any injury, loss or damages (including those of an indirect, special or consequential nature) caused by any act or omission of the Carrier, its servants and agents, including failure of or delay in acceptance, receipt, carriage or delivery of the Goods, in whole or in part, due to any reason, including negligence and fundamental breach of contract.

2. The Carrier shall not be liable for any loss, injury or damages, including special, incidental, indirect or consequential damages, loss of profits or penalties, which are in excess of $2.00 per pound ($4.41 per kilogram) of the Goods.

3. The Shipper/Consignor shall be responsible for insuring the Goods for all loss, damage or injury which exceeds the limits of liability on the Carrier as described immediately above.

4. The Carrier shall not be liable for any loss, injury or damages, including special, incidental, indirect or consequential damages, loss of profits or penalties, due to improper packing or improper labelling of the Goods.

DAMAGES
Any claim against the Carrier for loss or damages must be noted on the Bill of Lading at time of delivery, unless such loss or damage is not reasonably apparent at such time, in which case notification of any loss or damage, with particulars of date, destination of shipment and estimated loss, must be delivered in writing to the Carrier within seven (7) days of the date of acceptance of the Goods from the Carrier.

DANGEROUS SUBSTANCES
The Carrier shall not be liable, and the Shipper/Consignor assumes liability, for (a) damages, (b) injury incurred, and (c) penalty assessed pursuant to applicable criminal or other legislation, resulting from acts or omissions relating to carriage of environmentally unsafe or inherently dangerous substances. The Shipper/Consignor warrants that it has properly packaged and labelled such substances for transport pursuant to applicable laws and regulations, and agrees to indemnify and save harmless the Carrier for all damages, injury, legal costs and penalties whatsoever relating to acts or omissions by the Carrier, its servants or agents in performance of its services hereunder.

ENTIRE AGREEMENT
The Bill of Lading sets out the entire agreement between the Carrier and the Shipper/Consignor, and no servant, agent or representative of the Carrier is authorized to agree to any alteration or waiver of, or addition to, the terms herein, and in no event shall the Carrier be bound by, nor the Shipper/Consignor rely upon, any deviation from these Terms and Conditions unless such alteration, addition or waiver is specifically confirmed in writing by the President of the Carrier prior to acceptance by it of the Goods.

Rates and charges are subject to change without notice.

Terms and Conditions are subject to change without notice.