Cartage

Conditions of carriage prescribed by the regulations of the province of B.C. respecting motor carrier services are hereby incorporated by reference and govern transportation services performed under this bill of lading.

DELAY & LIMITS OF LIABILITY
Unless specifically agreed in writing prior to shipping the goods the carrier shall not be liable for any special, consequential delivery of a shipment regardless of the cause of such delay, including negligence of the carrier, its servants and agents.

The carrier is not liable for loss, damage or delay caused by Act of God, the King or public enemies, riots, strikes, defect or inherent vice in the goods, or act or fault of the shipper or owner, the authority of law. The amount of any loss or damage shall not exceed $2.00 per pound or $50.00 per shipment whichever is the lesser unless a greater value is declared on the face of the waybill by consignor and required insurance paid along with delivery rate.

DAMAGES
Any damage must be noted on the waybill, at the time of delivery otherwise the consignees signature will be
constituted conclusive proof of goods having been received in good order.
Any shortage, loss or damage must be reported in writing within 72 hours and no liability will be accepted for
outstanding COD's not reported in writing within thirty days.
Paid freight bills must accompany claims.

Warehousing

LIMITS OF LIABILITY

Unless a loss or damage is caused by the negligence of the Warehouser, the Warehouser, its agents and employees shall not be liable to the Customer or to any individual, company or other entity (including to the clients, customers and business relationships of the Customer, and/or to the purchasers or end users of the Customer Goods) for any property loss or damage, including direct, indirect and consequential.

If the Warehouser, its agents or employees are held liable to the Customer or to any individual, company or other entity (including to the clients, customers and business relationships of the Customer, and/or to the purchasers or end users of the Customer Goods) due to the negligence of the Warehouser for any property loss or damage, including direct, indirect and consequential damages, which may include but not be limited to spoiled product, contamination or other physical harm to the Customer Goods or their packaging or to other property whether owned by the Customer or not, delay in release of the Customer Goods, shortages, lost product and/or other income or business losses, then the Warehouser's liability for all losses and all damage arising out of any particular event is limited and under no circumstances will exceed the lesser of:
  1. the actual cost of the Customer Goods that are the subject of the claim, excluding mark-ups, commission or other charges of any nature or kind whatsoever; or
  2. $2.00 Canadian per pound of the gross weight of the Customer Goods that are the subject of the claim

(collectively, the "Limited Liability Amount")
The Limited Liability Amount applies whether the claims are brought in contract, tort, bailment or under any other cause of action.

The parties agree to an annual shrink and damage allowance of 0.5% (half of one percent) of total throughput as measured by the average of the total annual weight of the Customer Goods received and shipped. The Warehouser will not be liable for such shrinkage, whether caused by loss, damage, or any other reason.

Without limiting the generality of the foregoing or the Warehouser's right to rely upon the Limited Liability Amount, the Warehouser shall under no circumstances be liable for any loss, damage or destruction of Customer Goods resulting from any cause beyond its control, such as natural disasters, fires, explosions, floods, failure of utility supplier to provide power, and as long as reasonable care and maintenance to equipment was performed.


FINES/FEES/PENALTIES/CHARGES
Warehouser will not accept liability on any costs or penalties arising from late deliveries or missed appointments.
Furthermore, Warehouser will not accept liability on any costs, fees or penalties incurred under contracts entered into between Customer and other third parties.


INDEMNITY
Unless a loss or damage is caused by the negligence of the Warehouser, the Customer shall indemnify and hold harmless the Warehouser, its agents and employees against all liability to the Customer or to any individual, company or other entity (including to the clients, customers and business relationships of the Customer, and/or to the purchasers or end users of the Customer Goods) for any personal injury, including death, or any property loss or damage, including direct, indirect and consequential damages, which may include but not be limited to spoiled product, contamination or other physical harm to the Customer Goods or their packaging or to other property whether owned by the Customer or not, delay in release of the Customer Goods, shortages, lost product and/or other income or business losses. This indemnity will include a full indemnity for costs and legal fees arising from or connected with any such claim, demand or Court Action, and applies whether the claims are brought in contract, tort, bailment or under any other cause of action.

If the Warehouser, its agents or employees are held liable due to negligence of the Warehouser, then the Warehouser shall indemnify and hold harmless the Customer, its agents and employees against all liability to the Customer or to any individual, company or other entity (including to the clients, customers and business relationships of the Customer, and/or to the purchasers or end users of the Customer Goods) that exceeds the Limited Liability Amount for any personal injury, including death. This indemnity applies whether the claims are brought in contract, tort, bailment or under any other cause of action.

INSURANCE
The Warehouser does not and will not provide insurance for the benefit of the Customer and/or the Customer Goods.
No insurance will be put in place by the Warehouser except for Warehouser legal liability for any negligence caused by Warehouser,

The Customer shall obtain their own first party property and third-party liability coverage respecting the Customer