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Acceptance:
By placing an order with LEX Courier
for pick-up and/or delivery, you agree to all of the
terms and conditions stated herein.
Applicable Law:
The laws of the province
of Ontario or Quebec (whichever province the
order was placed
in) will govern these disclaimers, terms and conditions,
without regard to any conflict of law provisions.
You also agree
and submit to the exclusive jurisdiction and venue
of the courts
of the province of Ontario or Quebec (whichever province
the order was placed in) and acknowledge that you do so
voluntarily. The parties agree to use their best efforts to
resolve any dispute that may arise through good
faith negotiations.
The parties acknowledge their desire that any irreconcilable
dispute or difference shall be resolved by
mediation involving
the appointment of a mutually acceptable mediator. The cost
of any such mediation is to be shared equally by the parties.
This is without prejudice to any other right or entitlement
that they may have. If any provision of these Terms
and Conditions
is found to be unlawful, void or unenforceable,
then such provision
is deemed severable and will not affect the
validity or enforceability
of any of the remaining provisions. The parties
agree that this
agreement and all related documents be written in the English
language. Les parties ont exigé que le
présent contrat
et tous les documents connexes soient redigés
en anglais.
Indemnity:
You shall indemnify and
hold harmless
LEX Courier against all liabilities, losses, claims, damages,
costs and expenses of any nature whatsoever
incurred as a consequence
of your non-observance of any regulation of
whatever nature
which you are required to observe with regard to or
in connection
with the carriage of the goods shipped.
Payment:
Invoices are payable upon receipt.
Any discounts applied to an order are subject to
payment being
received on time. Where payment for a shipment has not been
received within 30 days of invoice, LEX Courier has
the option
of recalculating all charges to those shown in the
current tariff.
Overdue balances are subject to interest calculated
at 1.5%
per month (19.6% per annum) which shall
accrue and
be payable to LEX Courier on all outstanding monies. This is
in addition to any legal rights and remedies available to LEX
Courier.
Delay:
Unless
agreed to otherwise in writing, LEX Courier shall
not be liable
for any special consequential or other damages caused by mere
delay in the delivery of a shipment.
Limits of
Liability:
LEX Courier shall not be
liable for any loss, damage, destruction or
unreasonable delays
arising from factors beyond the control of LEX
Courier including
but not limited to the following causes: acts of
God, the Queen’s
or public enemies, awful weather, bad traffic
conditions, riots,
strikes, war or terrorism, authority of law, defect
or inherent
vice in the goods shipped, act or default of the shipper or
owner of the goods, nuclear reaction, radiation or
radioactive
contamination.
Declared Value
of Shipments
And Insurance: The
shipper may declare the value of a shipment for the sake of
record keeping. However, unless the shipper indicates YES in
the Insurance prompt during order placement, LEX
Courier’s
liability for any loss, damage or injury to a shipment shall
not exceed the lesser of $1.50 per pound or $50.00.
If the shipper indicates YES in the Insurance prompt
during order placement, an additional charge equal to $1.50
per $100 or part thereof on declared value in excess of
$200 will be applied. Insurance on declared
values of over
$1000 must be pre-approved by a LEX Courier
office employee.
LEX Courier cannot insure the following items under
any circumstances: tenders, antiques, currency,
precious metals
or stones, glass or glassware, ceramics, household
goods, travelers
cheques, works of art, liquor, wine, spirits,
tobacco, cigars,
cigarettes, stocks, bonds, certificates, bullion,
money orders,
stamps, jewelry, watches, cashier's cheques, plants, liquids,
perishables, furs.
All computer, electronic goods and the like must be
in original manufacturer's packaging and are not
covered unless
certified as operating before pick-up, and
unless packaging
is damaged in transit and so noted upon delivery. Claims made
on shipments signed for in good order will not be processed.
The claimant agrees that notwithstanding
any disclosure
of the nature or value of the goods, the amount of any loss
or damage, including consequential, incidental or
indirect damage,
loss of earnings or profits resulting from the loss
of or damage
to the goods, shall not exceed the maximum liability of LEX
Courier set out above.
Notice of Loss
or Damage:
Notice of loss or
damage must be given to LEX Courier within
twenty-four (24)
hours after such loss or damage becomes known and in writing
within ten (10) days after the order was placed. LEX
Courier will accept no liability for loss or damage
unless written
notice of such loss or damage is received within
ten days after
the order was placed.
Fuel Surcharge:
Fuel Surcharge: The fuel surcharge (FSC) applies to the cost of all orders. For overnight deliveries we use the FedEx Express Canada rate posted at www.fedex.ca. For same-day deliveries we use the Purolator posted rate at www.purolator.com (the entire FSC amount goes directly to the vehicle operator to help defray the cost of fuel). We do not profit from the cost of fuel.
QA Courier reserves the right to change these terms and conditions without notice.
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