CONDITION 1- RECEIPT OF GOODS
Received subject to the tariffs in effect on the date of issue and the terms and conditions set out below the goods herein described in apparent good order, except as noted otherwise marked, consigned or destined as indicated which the carrier agrees to carry and deliver to the consignee at the said destination.
CONDITION 2- APPLICABLE LAW
The contract of carriage for the goods, documents or materials to which this bill of lading applies shall be deemed to include any applicable statutory terms and conditions of the provincial jurisdiction in which the contract of carriage originated. Without limiting the generality of the foregoing, it is deemed that for contracts originating in Ontario, the terms and conditions pursuant to the Public Commercial Vehicle Act and regulations thereto apply; for contracts origination the provinces of New Brunswick, Nova Scotia, Prince Edward Island, Newfoundland, Saskatchewan and British Columbia, the statutory terms and conditions of general freight carriage enacted pursuant to each province’s Motor Carrier Act and regulations thereto apply; for contracts origination in the province of Quebec, the bill of lading forms and terms and conditions approved by the Quebec Transport Commission apply.
CONDITION 3- NOTICE OF CLAIM
(a) No carrier is liable for loss, damage of delay to any goods carried under the bill of lading unless thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect for such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within sixty ( 60 ) days after the delivery of the goods, or,
in case of failure to make delivery. Within nine ( 9 ) months from the date of shipment.
(b) The final statement of the claim must be filled within nine ( 9 ) months from the date of shipment together with a copy of the paid freight bill.
CONDITION 4- MAXIMUM LIABILITY FOR DIRECT LOSS
The carrier’s maximum liability for direct economic loss or damage to the goods, herein is $ 2.00 per pound ( $ 4.41 per kilogram ) computed on the total weight of the shipment, unless a higher value is declared in the space provided.
CONDITION 5- LIABILITY FOR CONSEQUENTAL LOSS
The carrier is not responsible to the consignor, consignee, owner, or any third party interested in the goods for any and all consequential, indirect or incidental losses or damages ( including the loss of profits or earnings ) arising from the non-delivery, loss of, misdelivery, delay in delivery, late delivery or destruction of the goods, however caused, including without limitation the negligence, gross negligence or the fundamental breach of this contract by the carrier, its agents or servants.
CONDITION 6- MODIFICATION OF CONTRACT
This bill of lading constitutes the entire contract between the carrier and shipper and no statement, written or oral, made by an agent, servant, or representative, alters the terms therein.