Service terms accepted prior to shipping constitute an agreement between "Customer" and ShipCanada Inc. “ShipCanada” a licensed trucking operation registered in Ontario, Canada & Equitrans Express International Inc. “Equitrans” a licensed freight brokerage registered in Ontario, Canada. The word "Carrier" represents any trucking company undertaking physical transportation of Customer’s freight. It is acknowledged that these
conditions will apply to this and all future shipments arranged by ShipCanada or Equitrans for Customer. a) Rates are in CAD
or USD funds as indicated in "Customer Price Details Sections" payable 30 days from invoice date. Overdue invoices are subject to 2% interest per month 24% per annum. Customers paying by credit card agree to the use of their credit card for this and subsequent shipments until a credit account is established with ShipCanada or Equitrans. Customer acknowledges
accessorial charges assessed in relation to a shipment will be billed in the same method as the original shipment. b) Customer is responsible for accessorial charges resulting from inaccurate weight, measure, freight class, tailgate use or additional required services. c) All shipments are subject to a maximum valuation of $2.00 CAD per pound based on actual weight unless otherwise agreed to in writing. Maximum valuation for used/personal items is $.10/Lb. Shipper is responsible for ensuring adequate securement & tarping for flatbed cargo. Package cargo must conform to the International Safe Transit Association (ISTA) 3A Test Procedures. Additional handling charges will apply to courier shipments not encased in cardboard. Third party insurance costs, if applicable, are non-refundable including if a shipment is cancelled. d) 1 hour is free for
load/unload (less than truckload), 2 hours free for load/unload (full truckload) excess time is billed at $65.00/hour thereafter. Tailgate service if required is $65.00/use. e) All quotations and customer confirmations are subject to equipment availability. There is no guarantee on equipment availability unless specifically stated in writing and signed by an officer of the company. f) Pickup and delivery times stated are approximate and not guaranteed. h) CUSTOMER authorizes Equitrans or ShipCanada, in
its discretion, to engage the services of any qualified carrier, cartage service, warehouse, 3PL, co-broker, customs brokerage or other applicable service. i) It is acknowledged and accepted that ShipCanada is acting as CARRIER when explicitly indicated on the bill of lading and that many of ShipCanada service areas require the use of BEYOND CARRIERS as an extension of its service. CUSTOMER acknowledges that the actual/signing CARRIER providing physical transportation of goods is solely liable for any and all claims arising from the transport of CUSTOMER'S freight. CUSTOMER (the Principal) indemnifies and holds harmless EQUITRANS from any claims for loss or damage. ShipCanada and/or Equitrans cannot accept liability for
delays or special/consequential damages resulting from transport services arranged or undertaken. In the event a claim arises from services provided, Equitrans will make available to CUSTOMER all necessary forms and insurance documents pertaining to the actual CARRIER’s cargo/liability insurance. j) TONU or "Truck ordered not used" charges are $75.00 for LTL under 5000 lbs. $125.00 Partial Loads and $200.00 for FTL. k) CUSTOMER acknowledges that the insertion of EQUITRANS name on shipping documents, of any kind, does not represent or imply it is acting in the capacity of a CARRIER. For small package and LTL shipments CUSTOMER must use only Shipping Labels/Bill of Lading provided by EQUITRANS. l) Under no circumstance can a claim be deducted from outstanding amounts owed to EQUITRANS or SHIPCANADA by CUSTOMER. m) The provincial court of Ontario, Canada will have exclusive jurisdiction to adjudicate any dispute arising under or in connection with this agreement. n) The Individual signing as the CUSTOMER has the authority to bind the corporation. E.&O.E.