Applicable Law
Every service to be performed hereunder shall be subject to the laws relating to the terms and conditions to be contained in bills of landing (which are hereby incorporated by reference) applicable at the place where the goods originate which if Newfoundland, Nova Scotia, New Brunswick and British Columbia, the regulations made pursuant to the motor carrier act of each such province, Quebec form R.T. 200 approved by Quebec Transportation Board on August 5, 1965; Ontario, the Public Commercial Vehicles Act, and regulations thereto; Manitoba, the Highway Traffic Act and Regulations published in carrier's tariff of tolls in effect on the date hereof to which the shipper assents and as evidence thereof accepts this receipt.
Limitation of Liability
The nature of the carrier's business is such that it cannot guarantee or be financially responsible for the consequences of loss of goods or failure to deliver by a stipulated date and time, in no event (including, but not limited to fundamental term of a contract and the negligence or gross negligence of the carrier, it's employees or agents or whether arising from misdelivery, failure to deliver or delay in delivery) shall the carrier be liable whether as the suit of the party or parties contracting directly with the carrier or at the suit of any third party, and whether in contract, tort, or otherwise, for indirect or consequential damages or for damages for loss of use or for loss of earnings or profits. Carrier's liability for any loss, damage or injury to a shipment shall not exceed the lesser of $2.00 per pound or $50.00 unless a higher value is declared on the face of the bill of landing by the consignor and an additional transportation charge is paid to the carrier. The carrier shall not be required to accept any shipment with a declared value in excess of $500.00.
Collect Charges
All freight charges are to be prepaid or guarenteed fully by the consignor if charges are to be collected.
Notice of Claim
A) No carrier is liable for loss, damage or delay to any goods carried under the bill of landing unless notice thereof setting our particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of 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 the case of failure to make delivery, within nine (9) months from the date of shipment.
B) The final statement of the claim must be filed within nine (9) months from the date of shipment together with a copy of the paid freight bill.
