Conditions of Carriage

*The Jardine Transport Group includes the following transportation companies: Jardine Transport Ltd., Quality Transportation Services (NB) Ltd., Gil Soucy Trucking Ltd., R.E.M. Transport Ltd. and K&T Transport Ltd.

Please note: This document is referred to as the Schedule.

1. Liability of Carrier

The carrier of the goods described in this contract is responsible and liable for any loss of or damage to goods accepted by the carrier or its agent except as outlined in this Schedule

2. Liability of Originating and Delivering Carriers

Where a shipment is transported by more than one carrier, the originating carrier and the carrier who assumes responsibility for delivery to the consignee (called the delivering carrier in this Schedule) are both liable for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are delivered and from which liability the other carrier is not relieved.

3. Recovery from Connecting Carriers

The originating carrier or the delivering carrier may recover from any other carrier to whom the goods are delivered the amount that the originating carrier or delivering carrier is required to pay for the loss of or damage to the goods while they were in the custody of such other carrier.

If the goods were interlined between carriers so that it is not clear as to who had custody of the goods when they were damaged, the originating carrier or delivering carrier is entitled to recover from each of the connecting carriers an amount prorated on the basis of each carrier’s revenue for carriage of the damaged goods.

4. Remedy by Consignor or Consignee

Articles 2 or 3 do not restrict the consignor or consignee of any rights the consignor or consignee may have against any carrier for loss or damage.

5. Delay

Carriers are not obligated to transport goods on specific vehicles or meet specific schedules unless explicitly agreed upon in the contract and signed by both parties.

6. Exceptions from Liability

The carrier is not liable for loss, damage, or delays caused by:

• Acts of God
• Riots or strikes
• Defects or inherent issues in the goods
• Acts or defaults by the consignor, owner, consignee, or legal authorities

7. Stoppage in Transit

• When goods are halted during transit at the request of the entitled party, they are held at the risk of that party.

8. Routing by Carrier

If the carrier forwards the goods by a conveyance that is not a public truck, the liability of the carrier is the same as though the entire carriage were by public truck.

9. Valuation: Subject to Article 10, the amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence, shall be the lesser of,

• the value of the goods at the place and time of shipment, including the freight and other charges if paid, and
• $4.41 per kilogram or $2.00 per pound computed on the total weight of the shipment

10. Declared Value

If the consignor has declared a value of the goods on the face of the contract of carriage, the amount of any loss or damage for which the carrier is liable shall not exceed the declared value.

11. Consignor’s Risk

When goods are carried at the consignor’s risk, the carrier remains liable for loss, damage, or delays caused by their negligence. The carrier bears the burden of proving absence of negligence.

12. Notice of Claim

Claims for loss, damage, or delay must be made in writing, providing shipment details and estimated amounts, within:

• 60 days after delivery, or
• 9 months from the shipment date if delivery fails.

A final statement must follow within 9 months, including the paid freight bill.

13. Articles of Extraordinary Value

The carrier is not required to transport items of extraordinary value without a special agreement. If such goods are transported without disclosure, liability is limited as per Article 9.

14. Undelivered Goods

If delivery is unsuccessful through no fault of the carrier, the consignor and consignee will be notified, and disposal instructions will be requested. Until instructions are received, goods may be stored (with charges) at a public or carrier’s warehouse

15. Freight Charges

Freight charges must be paid prior to delivery if requested. Inaccurate shipment descriptions may result in recalculated freight charges based on actual goods shipped. Shipments not marked prepaid will automatically move on a collect basis.

16. Dangerous Goods

Every person, whether as principal or agent, shipping dangerous goods without previous full disclosure to the carrier as required by law shall indemnify the carrier against all loss, damage or delay caused by the failure to disclose and such goods may be warehoused at the consignor’s risk and expense.

17. Return of Goods

If a notice has been given by the carrier pursuant to paragraph i of Article 16, and no disposal instructions have been received within 10 days after the date of such notice, the carrier may return to the consignor, at the consignor’s expense, all undelivered shipments for which such notice has been given.

18. Alterations

Subject to Article 19, any limitation in the contract of carriage on the carrier’s liability and any alteration to the contract of carriage shall be signed or initialed by the consignor and the originating carrier or their agents and, unless signed and initialed, shall be without effect.

19. Weights

It shall be the responsibility of the consignor to show correct shipping weights of the shipment on the contract of carriage.

If the actual weight of the shipment does not agree with the weight shown on the contract of carriage, the weight shown on the contract of carriage may be corrected by the carrier.

20. C.O.D. Shipments

C.O.D. shipments will only be delivered upon full payment. C.O.D. charges will be collected from the consignee unless the consignor instructs otherwise. Collected funds will be held in trust and remitted to the consignor within 15 days.

21. Additional Terms:

The Jardine Transport Group and its companies may charge customers for delays during loading/unloading caused by issues such as:

• Waiting beyond scheduled times
• Incorrectly loaded or unloaded goods
• Equipment malfunctions by shippers/receivers
• Inclement weather affecting facilities
• Missing or incomplete documentation

Charges for delays begin at $200 per hour after two hours from the scheduled appointment or immediately when caused by shipper/receiver faults.