Regulations, payment obligation,
carrier responsibility and claim procedures
Responsibility for the payment of
transportation charges
Freight
and transport costs and their payments are the responsibility of the
consignee listed on the bill of lading.
In
order for the freight, transportation charges and their payments to be the
responsibility of the shipper, the shipper shall, upon issuance of the bill
of lading, indicate on the bill of lading *charges prepaid* (prepaid). When a shipper or consignee entrusts a
shipment to a transport intermediary (load broker, as described by the
Commission des transports du Québec,
http://www.ctq.gouv.qc.ca/en/transport_service_intermediaries.html
, the organization of transport, the responsible party for paying the
freight and transportation costs under the bill of lading, remains and will
remain jointly and solely responsible for paying the freight and transportation
costs with the intermediary implicated in the transaction. If the intermediary fails to make payment
on delivery, for various reasons such as bankruptcy, closure, lack of funds
or other things, the responsible for the payment, the shipper or consignee,
whichever the case, must pay the carrier (Mexuscan,
Magog, RPR, Emslie as
applicable) on demand, even if the freight and
transports costs have already been paid to one or more intermediaries
for services provided by the carrier.
The
parties on the bill of lading agree to be informed by the present that an intermediary who
provides transport services is not a carrier and that section 2035 of the
Civil Code of Quebec does not apply.
Cargo Liability and Claim Procedures
The shipper,
forwarder, the broker or any other interested party to the contract of
transport, bills of lading or other forms of agreement or transport order
acknowledges the carrier's liability of the following different compagnies (Mexuscan Cargo, Magog Express Transport (1982), Emslie
Transport, Urgel Charette Transport, RPR Transport,
Express Venise, Livrabec,
and Antonio Goyette Transport) as follows:
Limit of Liability
In the event of damage, loss, direct or indirect to the goods or cause
related to the carrier's responsibility, our responsibility as the carrier is
limited to $2.00 a pound or $4.41 per kg weight of object (s) lost or
damaged, regardless of the total weight of the shipment.
Unless otherwise agreed in a separate written agreement, anyone who entrusts
us with one or more shipments accepts our liability as limited as described
here above. In the event that the parties would have agreed to a
liability other than the one mentioned above, by virtue of a declared value,
a surcharge to the amount equivalent to 4% of the declared value would apply
to the transportation cost.
Carriers are
not liable for loss or damage caused by:
- Force
major as defined by section 1470 of the Quebec Civil Code, included but
not restricted, to robbery according to section 343 of the Criminal Code
of Canada
- Act of
God (i.e. Tornado, flood, earthquake, etc)
- Public enemy
- Authority of law
- Act or
default of shipper (i.e. improper packaging, no packaging, improper labeling, improper palletizing, improper handling
instructions, improper description)
- Defect
or inherent vice of the commodity
- Natural shrinkage
60 day time limit for filing claims
If your freight has been received with shortage or damages, you have 60 days
to notify us of your claim. This notification must be in writing.
An inspection report or a notification on the proof of delivery does not
constitute a notice of claim. Failure to give such a notice renders the
claim inadmissible. Claims for non delivery must be filed 9 months
within the shipping date.
Submitting a claim
When submitting a claim, please ensure the following documents and
information are included:
- Freight bill number
- Copy of
original bill of lading and/or proof of delivery
- Dollar amount being claimed
- Copy of
inspection report explaining loss and/or damage
- Copy of the
original invoice – this is the original invoice issued to the
consignee or third party for the merchandise shipped confirming the
value of the goods at the time of shipping.
Retain damaged goods
All damaged goods should be retained at the consignee or at the shipper until
the claim is settled. A salvage value credit should be applied against
the claim.
Cargo inspections
In the event the carrier agrees to inspect the goods which have been damaged
in transit, such an inspection does not constitute an admission of liability,
nor an enunciation to the filing of the notice of claim in accordance to the
rules set fort herein in that regard.
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