- Acceptance of Goods for Transportation Smart Tech Logistics Inc. (“Transportation Broker”) agrees to make arrangements for transporting goods for the customer. The Services will be executed on the following terms and conditions. As the Customer of the Transportation Broker providing Services agrees to these terms and conditions Conditions.
- Duties of the Corporation as a Dealer:
(A) The Transportation Broker carries out the Services with third parties In the name and on behalf of the Client.
(B) There may be a direct relationship between the Customer and such third parties at the time of delivery. The transportation broker will be permitted to act in any reasonably necessary manner and shall perform his duties with a reasonable degree of diligence.
(C) The Transportation Broker shall provide its services within a reasonable time and shall take all reasonable steps to perform the Transaction in accordance with the Client Instructions.
(D) The Transport Broker shall be entitled to waive any instruction from the Customer if the Company deems it necessary to protect the interests of the Client.
(E) The transportation broker shall: Ask the Customer for additional instructions if it becomes impossible at any time for the transportation broker to perform his duties.
(F) The transport broker shall not be liable for the loss or damage of the goods while the custody or control of the goods is under the control of third parties.
- Duties of the Client:
(A) The Customer guarantees that he is either the owner or the authorized agent of the owner of the goods.
(B) The Client authorizes the Company to enter into contracts on behalf of the Customer with Third Parties to perform all or part of the Services on behalf of the Client.
(C) The Customer must provide a complete and accurate description of the goods to be transported.
(D) Unless otherwise specified by the transportation broker The customer must properly pack, store and prepare the goods in a manner appropriate for transportation
(E) The customer shall mark the goods and the outer packaging as required by law or regulations that may be applicable during the performance of the Services.
(F) The Customer shall pay all transportation, duties or other charges related to the handling and transportation of the goods.
(G) The Customer shall pay to the Transportation Broker all amounts immediately payable, without reduction or deferral of any claim.
(H) The Customer shall remain responsible for the payment of all charges when the Services are provided upon instructions to collect freight, duties, charges or other expenses.
(I) Confiscation or possession of goods by any governmental authority shall not affect or diminish the Customer’s responsibility to pay all costs or other amounts due promptly upon request.
(J) CUSTOMER is obligated to pay Smart Tech Logistics for transportation services and payment to any other party does not alleviate CUSTOMER of balances owed to Smart Tech Logistics Under no circumstance can a claim be deducted from outstanding amounts owed to Smart Tech Logistics by CUSTOMER.
(K) cancellation SMART TECH LOGISTICS will charge 25 % of the full amount for cancellation
(L) payment Method SMART TECH LOGISTICS accept payments by bank transfer, credit card , e-transfer (3.5% fees for credit card payment )
(M) payment option ( 1) 50% before pickup and the balance after the item has been picked up (2) 100% of the total amount before pickup
(N) The customer shall not deliver any dangerous, flammable, radioactive or hazardous products, Special provisions in which notice is given to the Company.
(O) The Client shall not provide any bank Notes, bonds, negotiable instruments, securities Bullion, coins, precious stones, jewelery, valuables, antiques, human remains, livestock or plants except under special arrangements where notice is given to the transportation broker.
(P) The Customer shall inform the Company if goods are likely to alter or affect other goods or encourage vermin or other pests.
- Less than truck load. Estimates of freight charges that will be provided to you by the transportation broker represent an approximation of the freight charges for the goods you are preparing to ship. All transport will be evaluated on the basis of the tariff regulations published by third parties in force at the time of the request for service and the tariffs are evaluated according to the actual origin, destination, goods, packaging, weight, class And the accessory. All charges are subject to the fuel surcharge in effect on the date of shipment. The applicable fuel surcharge level is based on the National Average Index of Canada for diesel fuel and is adjusted weekly. All costs incurred beyond the transportation broker’s estimate are the sole financial responsibility of the Customer and in no case the responsibility of the transportation broker.
- Compensation by the Customer. The Customer shall indemnify and hold the Freight Broker harmless for: (A) All Taxes, fines, freight charges of third parties, or other expenses incurred by the Company caused by the Client or any party acting on his behalf. (B) Any claim for the general average and / or rescue, and the Customer shall provide such security as may be required. (C) Where the Customer himself has prepared the goods for carriage, for any claim by a third party for bodily injury or damage arising from the Failure to properly pack, load, Shipping.
- Company Link on Cargo. (A) The transportation broker shall have a general lien on all goods submitted by the Customer in its possession or control for any claim for expenses, expenses or advances incurred by the Carriage Broker in respect of any Any services rendered to the Client, including similar charges or expenses in relation to other goods, wherever they are deposited or located. (B) A transportation broker may suspend the delivery of goods until all obligations of the customers are paid. (C) If the claim remains unpaid for a period of fifteen (15) days following the request, the transportation broker may sell the goods by public auction or private sale upon ten (10) days written notice to the customer. (D) Any excess of such sale, after the payment of any applicable expense, shall be transmitted to the Customer. (E) The Customer remains liable for any deficiency in the sale.
- Presentation of claims and liabilities.
(A) If the goods are lost, damaged, delayed or otherwise Received in a manner inconsistent with its intended delivery, the Customer shall notify the transportation broker, immediately after learning of the condition, but no later than seven (7) days thereafter. Upon receipt of such information, The broker business undertakes, on behalf of the Customer, to investigate the circumstances surrounding the damage of the equipment.
(B) The transportation broker shall not be liable for any loss, delay or damage to the goods. The carrier used for shipping shall assume liability for all claims for loss and damage to the shipment including (1) The value of the invoice (2) The declared value or (3) $ 100,000 per shipment. To exceed the carrier’s maximum cargo insurance, unless at the time of booking the shipment, the customer claimed a higher amount as the declared value and paid the appropriate excess valuation charge . Any shipment of used materials may be subject to limitations of liability below the limits set forth in the preceding sentence as published by the carrier. The customer must seek compensation from the carrier by filing a claim for damages against the Transmission Provider, not against the Transmission Provider. 8. Indemnity. The Company and the Customer shall defend, indemnify and hold harmless the other party against any loss, damage, expense, including damage resulting in death and damage to property. Lack of compliance and / or enforcement by the indemnifying party or its agents and responsibilities, including the loading, handling, transportation, unloading or delivery of the goods. Any shipment made under this contract or in any other way related to the liability of the indemnified party or its agents and employees, omissions or performance of their obligations hereunder, unless caused by The negligence of the indemnifying party. 9. Force majeure. Neither the Company nor the Carrier shall be liable for any delay in transportation services resulting directly or indirectly from force majeure, including, but not limited to, an act of God, acts of God Fires, accidents, floods, strikes, lock-outs, war, riots or other circumstances beyond their reasonable control. 10. Waiver of certain damages. IN NO EVENT SHALL THE TRANSPORT DEALER OR THE CARRIER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES WHICH MAY RESULT IN ANY LOSS, DAMAGE, NON-DELIVERY OR DELAY OF ANY SHIPPING. THIS LIMITATION APPLIES TO AND INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFIT, LOSS OF INCOME OR LOSS OF BUSINESS OPPORTUNITY.
8. Right and jurisdiction. The terms and conditions of the Services to be provided shall be interpreted in accordance with the laws of the Province of Quebec. The jurisdiction and place, in case of dispute, fall to a court in the province of Quebec.