LIABILITY OF CARRIER
The carrier of the goods herein described is liable for one loss of or damage to goods accepted by him or his agent, except as herein provided.
LIABILITY OF ORGINATING AND DELIVERING CARRIERS
Where a shipment is accepted for carriage by more than one carrier, the original contracting carrier and the addition to any other liability hereunder, are liable jointly and severely for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are or have been delivered and from which liability the other carrier is not relieved.
RECOVERY FROM CONNECTING CARRIER
The original containing carrier of the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are or have been delivered the amount of loss or damage that the original contracting carrier or delivering carrier, as the case may be, may be required to pay hereunder from any loss of or damage to the goods while they were in the custody of such carrier.
REMEDY BY CONSIGNOR OR CONSIGNEE
Nothing in article 2 or 3 deprives a consignor or consignee of any rights he may have against any carrier.
EXCEPTIONS FROM LIABILITY
The carrier of party in possession shall be liable for physical loss of or damage to any articles from external cause while being carried or held in storage-in-transit EXECEPT loss, damage or delay caused by or resulting:
From an act, omission or order of shipper;
From defect or inherent vice of the article, including susceptible to damage because of atmospheric conditions such as temperature and humidity or changes therein:
Hostile or warlike action in time of peace or war, including action in hindering, combating or defending against an actual, impending or expected attack (A) by any government or sovereign power,
or (B) by any authority maintaining or using military, naval or air forces; or (C) by an agent of such government, power, authority or forces.
Any weapon of war employing atomic fission or radioactive force whether in time of peace or war;
Insurrection, rebellion revolution, civil war, usurped power, action taken by government authority in hindering, combating, or defending against such as occurrence;
Seizure or destruction under quarantine or customs regulations;
Confiscation by order of any government or public authority; or
Risks of contraband or illegal transportation or trade;
d) From acts of God
e) Carrier is not responsible for boxes packed by owner. If piece of furniture difficulty entering an area, carrier is not responsible for floor, wall and piece of furniture.
f) In the event of loss or damage to any article, pair or set of articles consisting when complete for use of several items, the carrier shall only be liable for the value of such item without respect to any special value claimed for such item as part of the article, pair, or set of articles.
g) Shipper hereby releases the company of any and all responsibility in the handling and transportation of all uncrated mirrors, marble, pictures, glass tops, or lamps, or lamp shades, box spring, mattresses, all other unpacked fragile items, plastic covers from crackling or tearing, all chipping, cracking and peeling of mica and any all functions of electrical and mechanical appliances i.e. refrigerator, television stereo, piano, washing machine, dryer, etc.
h) Deterioration of or damage to perishable food, plants or pets.
i) Damage to the goods at place or places of pick-up at which the consignor or his agents is not in attendance.
j) Damage to the goods at place or places of delivery at which the consignee or his agents is not in attendance and cannot give receipts for goods delivered.
k) The contents of all boxes shall be delivered “standard items” unless previously declared (and noted) as valuables on the contract.
The carrier shall not be liable for the delay caused by highway obstruction, weather conditions, faulty or impassable highways, or lack of capacity of any highway, bridge or ferry, or cause by breakdown, or mechanical defect or vehicles or equipment or from any cause than negligence of the carrier; nor shall the carrier be bound to transport by any particular schedule, means, vehicle or otherwise than with reasonable dispatch. Every carrier shall have the right in case of physical necessity to forward said property by any carrier or route between the point of origin and the point of destination.
ROUTING BY THE CARRIER
In case of physical necessity where the carrier forwards the goods by a conveyance that is not a licensed for-hire vehicle, the liability of the carrier is the same as though the entire carriage were by licensed for-hire vehicle.
STOPAGE IN TRANSIT
Where goods are stopped or held in transit at the request of the party entitled to so request, the goods are held at the risk of that party.
The amount of actual loss or damage not exceeding sixty (60) cents per pounds times the actual weight (in pounds) of the shipment, or the lump sum declared value, whichever is greater; or
The actual loss or damage not exceeding sixty (60) cents per pound of the weight of any lost or damage article when the shipper has released the shipment to carrier, in writing, with liability limited to sixty (60) cents per pound per article.
No carrier hereunder will carry or be liable in any way for any documents, special jewelry, rare stamps, coins, antiques or for articles of extraordinary value not specifically rated in the published classifications or tariffs unless a specials agreement to do so and a stipulated value of the articles are endorsed hereon.
MOVER (CARRIER) WILL NOT RELINQUISH POSSESSION UNTIL ALL CHARGES ARE PAID. The owner or consignee shall pay advances, tariff charges, packing and storage, if any, and all other lawful charges occurring on said property, but except in those instances where it may lawfully be authorized to do so, no carrier shall deliver or relinquish possession at destination of the property covered by this bill of lading until all tariff rates and charges thereon have been paid. The consignor shall be liable for the advances, tariff charges, packing, storage, and all other lawful charges, expect that if the consignor stipulates, by signature, in the space provided for that purpose on the face of this bill of lading that the carrier shall not make delivery without requiring such payment, the consignor (except as hereinafter provided) shall not be liable for such charges. Provided that, where the carrier has been instructed by the shipper of consignor to deliver said property to a consignee other than the shipper or consignor, such consignee shall not be legally liable for transportation charges in respect of the transportation of said property (beyond those billed against him at the time of delivery for which he is otherwise liable) which may be found to be due after the property has been delivered to him, if the consignee (a) is an agent only and has no beneficial title in said property and (b) prior to delivery of said property has notified the delivering carrier in writing of the fact of such agency and absence of beneficial title, in the case of shipment or diverted to a point other than that specified in the original bill of lading, has also notified the delivering carrier in writing of the name and addresses of the beneficial owner of said property; and in such cases the shipper or consignor, or, in the case of a shipment so recon signed or diverted, the beneficial owner, shall be liable for such additional charges, if the consignee has given to the carrier erroneous information as to whom the beneficial owner is, such consignee shall himself be liable for such additional charges. Nothing herein shall limit the right of the carrier to require at time shipment, the payment of the charges. If upon inspection is ascertained that the articles shipped are not described in this bill of lading, the advances or tariff charges must be paid upon the articles actually shipped.
If any reason other than the fault of carrier, delivery cannot be made at address shown on the face hereof, or at any changed address of which carrier has been notified, carrier at its opinion, may cause articles contained in shipment to be stored in a warehouse selected by it at the point of delivery or at other available points, at the cost of the owner and subject to a lien for all accrued tariff and other lawful charges.
THE SHIPPER SHALL INDEMNIFY CARRIER AGAISNT LOSS DAMAGE CAUSED BY INCLUSION IN THE SHIPMENT OF EXPLOSIONS OR DANGEROUSE ARTICLES OR GOODS.
ANY ALTERNATION, ADDITION OR ERASURE IN THR BILL OF LADING SHALL BE WITHOUT EFFECT, AND THIS BILL OF LADING SHALL BE ENFORCEABLE ACCORDING TO ITS ORIGINAL TARIFF.
WHERE, THROUGH NO FAULT OF THE CARRIER, THE GOODS CANNOT BE DELIVERED, THE CARRIER SHALL IMMEDIATELY GIVE NOTICE TO THE CONSIGNOR AND CONSIGNEE THAT DELIVERY HAS NOT BEEN MADE, AND SHALL REQUEST DISPOSAL INSTRUCTIONS
PENDING RECIEPT OF SUCH DISPOSAL INSTRUCTIONS
(I)THE GOODS MAYBE STORED IN THE WAREHOUSE OF THE CARRIER, SUBJECT TO A RASONABLE CHARGE FOR STORAGE, OR
(II)PROVIDED THAT THE CARRIER HAS NOTIFIED THE CONSIGNOR OF HIS INTENTION, THE GOODS MAY BE REMOVED TO, AND STORED IN, PUBLIC OR LICENCED WAREHOUSE, AT THE EXPENSE OF CONSIGNOR, WITHOUT LIABILITY ON THE PART OF CARRIER, AND SUBJECT TO ALIEN FOR ALL FREIGHT AND THEIR LAWFUL CHARGES, INCLUDING A REASONABLE CHARGE FOR STORAGE.
AS A RESULT FROM A)IF THE CONSIGNEE OR OWNER OF PROPERTY FAILS TO RECEIVE OR CLAIM IT WITHIN NINETY (90) DAYS AFTER WRITTEN NOTICE BY REGISTERED MAIL ADDRESSED TO SHIPPER AND CONSIGNEE AT POST OFFICE ADDRESSES SHOWN ON FACE HEREOF, OR IF SHIPPER FAILS OR REFUSES TO PAY LAWFULLY APPLICABLE TARIFF, CARRIER MAY SELL THE PROPERTY AT ITS OPTIONS, EITHER (A) UPON THE NOTICE AND IN THE MANNER AUTHORIZED BY LAW, OR (B) AT PUBLIC AUCTION TO HIGHEST BIDDER TO CASH AT A PUBLIC SALE TO BE HELD AT A TIME AND PLACE NAMED BY CARRIER, NINETY (90) DAYS NOTICE OF WHICH SALE SHALL HAVE BEEN GIVEN IN WRITING TO SHIPPER AND CONSIGNEE, AND THERE SHALL HAVE BEEN PUBLISHED AT LEAST ONCE A WEEK FOR TWO CONSECUTIVE WEEKS IN A NEWS PAPER OF GENERAL CIRCULATION AT OR NEAR THE PLACE OF SAFE, A NOTICE THEREOF CONTAINING A DESCRIPTION OF THE PROPERTY AS DESCRIBED IN THE BILL OF LADING, AND THE NAMES OF THE CONSIGNOR AND CONSIGNEE. THE PROCEEDS OF ANY SALE SHALL BE APPLIED TOWARDS EXPENCES OF NOTICE, ADVERTISING, AND SALE, AND STORAGE, CARING FOR AND MAINTAINING PROPERTY PRIOR TO SALE, AND THE BALANCE. IF AN, SHALL BE PAID TO OWNER OF PROPERTY; PROVIDED THAT ANY PERISHABLE ARTICLES CONTAINED IN SAID SHIPPMENT MAY BE SOLD AT PUBLIC OR PRIVATE SALE WITHOUT SUCH NOTICES, IF, IN THE OPINION OF CARRIER, SUCH ACTION IS NECESSARY TO PREVENT DETERIORATION OR FURTHER DETERIORATION.
SUBJECT TO ARTICLE 18, ANY ADDITIONAL LIMITATION ON THE CARRIERS’S LIABILITY ON THE BILL OF LADING, AND ANY ALTERNATION, OR ADDITION OR ERASURE ON THE BILL OF LADING SHALL BE SIGNED OR INITIALED BY THE CONSIGNOR OR HIS AGENT AND THE ORIGINAL CONTRACTING CARRIER OR HIS AGENT AND UNLESS AS ACKNOWLEDGED SHALL BE WITHOUT EFFECT.
IT SHALL BE THE RESPONSIBILITY OF THE ORIGINAL CONTRACTING CARRIER OR HIS AGENT TO SHOW THE CORRECT TARE, GROSS, AND NET WEIGHTS ON THE BILL OF LADING BY USE OF CERTIFIED PUBLIC SCALE, AND ATTACH THE WEGH SCALE TICKET TO HIS COPY OF THE BILL OF LADING. IN CASES WHERE CERTIFIED PUBLIC SCALES ARE NOT AVAILABLE AT ORIGIN OR AT ANY POINT WITHIN A RADIOUS OF 16 KILOMETRES THEREOF, A CONSTRUCTIVE WEIGHTBASED ON 112 KILOGRAMS PER CUBIC METRE OF PROPERTY LOADED VAN SHALL BE USED.
IF FOR ANY REASON THE SHIPPER REQUIRES OR REQUESTS FOR THE SHIPPMENT TO BE STORED AT ORIGIN OR DESTINATION CHARGES WILL APPLY, UNLESS OTHERWISE ARRANGED WITH THE CARRIER OR PROMOTIONS ARE AVAILABLE. STORAGE REQUIREMENTS WILL BE OFERED AND ACCEPTED ONLY AT DESTINATIONS WHEREBY FLUENT TRANSPORTATION (FLUENT FREIGHT INC.) HAS A WAREHOUSE TO STORE THE SHIPMENT. STORAGE ARRANGEMENTS MUST BE MADE IN ADVANCE TO ENSURE AVAILABILITY. STORAGE RATES ARE ON A MONTHLY RATE ONLY. FLUENT TRANSPORTATION (FLUENT FREIGHT INC.) DOES NOT OFFER PRO RATED RATES UNLESS OTHER ARRANGMENTS ARE MADE IN ADVANCE. ALL STORAGE COSTS ARE PAYABLE ON A MONTHLY RATE WHILE THE SHIPMENT IS KEPT IN STORAGE.
AS A CONDITION PRECEDENT TO THE RECOVERY, A CLAIM FOR ANY LOSS OR DAMAGE, INJURY OR DELAY, MUST BE FILED IN WRITING WITH CARRIER WITHIN TWENTY (20) DAYS AFTER DELIVERY TO CONSIGNEE AS SHOWN ON FACE HEREOF, OR IN CASE OF FAILIURE TO MAKE DELIVERY, THEN WITHIN TWENTY (20) DAYS AFTER A REASONABLE TIME FOR DELIVERY HAS ELAPSED, WHERE A CLAIM IS NOT FILED OR SUIT IS NOT INSTITUTED THEREON IN ACCORDANCE WITH THE FOREGOING PROVISIONS, CARRIER SHALL NOT BE LIABLE AND SUCH A CLAIM WILL NOT BE PAID.
ALL CLAIMES FILLED MUST BE SENT TO #40 IVAN NELSON DRIVE, TORONTO, ON M2R 3P7 AND MUST REFLECT TO THE MOVING RECORDS UNDER THE CONSIGNEE OR ITS OWNER.
WE REQUIRE EMAIL DOCUMENTATION OF ALL CLAIMS IN ORDER TO PROCESS THEM. EMAIL TO INFO@FLUENTMOVING.COM
NOTICE IN THE EVENT OF ANY LITIGATION ARISING HEREUNDER OR OUT OF THE RELATIONSHIP BETWEEN THE SHIPPER AND THE CARRIER, THE PARTIES SPECIFICALLY AGREE THAT VENUE SHALL LIE IN TORONTO, PROVINCE OF ONTARIO.
COMPLAINT OR CLAIM, FAX 1-855-2-FLUENT (358368)
CHARGES MUST BE PAID IN FULL, IN CASH OR CERTIFIED FUNDS PRIOR TO COMPLETE TO COMPLETE DELIVERY. UNLESS PAID IN FULL, SHIPMENT WILL GO INTO LOCAL STORAGE AND THERE WILL BE CHARGES FOR HANDLING INTO WAREHOUSE, AND MONTHLY STORAGE CHARGES, PLUS HANDLING CHARGES OUT OF THE WAREHOUSE AND PRE-DELIVERY CHARGES.
STORAGE CUSTOMERS ARE REQUIRED TO PAY THEIR FULL BALANCE UPON THE ARRIVAL OF THEIR SHIPMENTS AT THE DESTINATION WAREHOUSE AND FOLLOW UP WITH SUBSEQUENT, MONTHLY STORAGE PAYMENTS. PLEASE NOTE THE FREE STORAGE PERIOD WILL START FROM THE PICK-UP TIME.
WE RESERVE THE RIGHT TO REFUSE HANDLING O F THE FOLLOWING ITEMS:
CASH, ALCOHOL, FLAMMABLES, JEWLERY AND OTHER VALUABLES, CREMATED REMAINS, LIVE PLANTS, PERISHABLE FOOD ITEMS, GUNS, AMMUNITION, IMPORTANT DOCUMENTS INCLUDING (BUT NOT LIMITED TO): WILLS; BIRTH MARRIAGE AND DEATH CERTIFICATES; CHEQUES; PASSPORTS; ETC.
CUSTOMERS WHO KNOWINGLY INCLUDE THERE ITEMS WITHIN THEIR SHIPMENTS DO SO AT THEIR OWN RISK, ACCEPTING FULL RESPONSIBILITY FOR THEM (INCLUDING LOSS/DAMAGE). WE ALSO RESERVE THE RIGHT TO DISPOSE OF ITEMS THAT POSE A POTENTIAL SAFETY RISK OR HAZARD IN TRANSIT.
SHIPMETS LEFT UNCLAIMED FOR 90 DAYS OR MORE WILL BE CONSIDERED “ABANDONED” AND THEREFORE SUBJECT TO DISPOSAL. EVERY ATTEMPT WILL BE MADE TO CONTACT CUSTOMERS, WITH THE EXPECTATION THAT WE ARE UPDATED WITH CURRENT CONTACT INFORMATION, FAILURE TO PROVIDE REGULAR “STATUS” REPORTS AND UPDATED CONTACT INFORMATION WILL RESULT IN THESE ACTIONS BEING TAKEN.
DECLARATION OF VALUABLES
ITEMS DEEMED “VALUABLE”; “IRREPLACEABLE”; “HEIRLOOM” AND “PRICELESS” MUST BE DECLARED AND RECORDED AS SUSH ON THE INVENTORY LIST AT THE TIME OF PICK-UP. ADEQUATE PACKING AND ADDITIONAL INSURANCE IS ALSO REQUIRED IN THESE INSTANCES IN ORDER TO PROVIDE SUFFICIENT COVERAGE AND PROTECTION. IF THE DOCUMENTATION IS NOT IN PLACE TO SUPPORT THESE ITEMS, WE WILL NOT CONSIDER THESE CLASSIFICATIONS WHEN APPLYING COMPENSATION TO THEM.
PLEASE BE ADVISED THAT ALL ITEMS PROVIDED BY OUR AGENTS ARE APPROXIMATIONS AND IT IS IMPOSSIBLE TO DETERMINE EXACT TIMELINES. VARIABLES SUCH AS INCLEMENT WEATHER; MECHANICAL PROBLEMS; ROAD CLOSURES AND OTHER FACTORS MAY, ON ACCASION, CREATE DELAYS AND HAVE AN IMPACT ON SCHEDULING. WHILE WE DO PROVIDE ETA’S (ESTIMATED TIMES OF ARRIVAL) AND PROJECT POSSIBLE DELIVERY DATES AS A COURTESY TO CUSTOMERS, THESE ARE SUBJECT TO CHANGE. WHILE WE STRIVE TO MAINTAIN SCHEDULES, WE WILL NOT BE HELD RESPONSIBLE WHEN SITUATIONS ARISE THAT CREAT DELAYS AND CHANGES TO SCHEDULING. IN THESE RARE OCCASIONS, WE EXTEND SINCERE APOLOGIES AND ASK THAT CUSTOMERS EXERCISE PATIENCE AS WE WORK AROUND THESE ISSUES.