1.1These Conditions of Carriage apply to the transportation of commercial goods by United Cartage Ltd. for hire within Canada and, where applicable, cross-border shipments, subject to applicable law.

1.2These Conditions apply only to business-to-business shipments. Consumer shipments are excluded and governed separately.

1.3The transportation of household goods, personal effects, passengers, and any goods not expressly accepted by the Carrier is excluded unless agreed to in writing by the Carrier.

1.4These Conditions of Carriage are issued pursuant to and subject to all applicable federal and provincial transportation laws and regulations, including, where applicable, the Motor Vehicle Transport Act (Canada, R.S.C. 1970, c. M-14), the laws of the Province of Ontario, and any successor or replacement legislation.

2.1A Bill of Lading must be completed for each shipment and accurately describe the goods, including weight, quantity, nature, origin, and destination.

2.2The shipper is solely responsible for the accuracy and completeness of all shipment information provided.

2.3The Bill of Lading must be signed by the shipper or its authorized agent. Such signature constitutes acceptance of these Conditions of Carriage.

2.4A waybill or electronic record may be issued for operational purposes but shall not replace the original Bill of Lading.

3.1The Carrier is liable for loss of or damage to goods only while such goods are in the actual custody and control of the Carrier, subject to the limitations and exclusions set out herein.

3.2The Carrier does not act as an insurer of the goods.

3.3The Carrier is not responsible for delay in transit unless a specific written agreement expressly guaranteeing delivery time has been signed by the Carrier.

The Carrier shall not be liable for loss, damage, or delay caused by or resulting from:

• 4.1 Acts of God
• 4.2 Weather conditions
• 4.3 Traffic conditions or congestion
• 4.4 Border delays or inspections
• 4.5 Government actions or regulations
• 4.6 Strikes or labour disruptions
• 4.7 Inherent vice or nature of the goods
• 4.8 Improper packaging or loading by the shipper
• 4.9 Incorrect description, weight, or classification of goods

5.1The Carrier’s rates are based on a limited valuation of goods.

5.2No declared value shall be effective unless clearly stated in writing on the face of the Bill of Lading and accepted by the Carrier in writing.

5.3Declared value does not constitute insurance and does not obligate the Carrier to procure insurance on behalf of the shipper.

6.1Subject to applicable law, the Carrier’s maximum liability for loss or damage to goods shall not exceed CAD $2.00 per pound, based on the actual weight of the goods lost or damaged.

6.2In no event shall the Carrier be liable for indirect, incidental, consequential, or special damages, including loss of profits, business interruption, or market loss, regardless of cause.

6.3This limitation applies whether or not the loss or damage results from negligence.

7.1Written notice of any claim for loss, damage, or delay must be provided to the Carrier within twenty-four (24) hours after delivery of the goods, or in the case of non-delivery, within twenty-four (24) hours from the time delivery should reasonably have occurred.

7.2A final written claim must be submitted within nine (9) months from the date of shipment and must include all supporting documentation, including the paid freight bill.

7.3Failure to comply with these timelines shall bar any claim against the Carrier.

8.1Articles of extraordinary value shall not be tendered for shipment without prior written agreement with the Carrier.

8.2In the absence of such agreement, the Carrier shall not be liable for loss or damage exceeding the maximum liability set out in Section 6.

9.1Freight charges and all lawful charges accruing on the shipment are payable regardless of delivery outcome.

9.2The Carrier may withhold delivery of goods until all charges are paid in full.

9.3If the shipment is misdescribed, the Carrier may correct charges based on the goods actually shipped.

10.1United Cartage Ltd. does not transport, accept, or handle hazardous, dangerous, restricted, or regulated goods of any kind.

10.2Without limitation, the following goods are strictly prohibited from shipment:

• (a)firearms, ammunition, weapons, weapon components, explosives, or any controlled or prohibited weapons;
• (b)illegal drugs, narcotics, controlled substances, cannabis, or any substances regulated under applicable federal or provincial controlled substances legislation;
• (c)chemicals, fuels, gases, radioactive materials, corrosive substances, flammable materials, toxic substances, or any goods requiring special permits, placarding, containment, certification, or regulatory authorization;
• (d)biological, medical, infectious, or biohazardous materials;
• (e)stolen goods, contraband, or goods transported in violation of any law or regulation.

10.3Any goods tendered in violation of this section shall be deemed improperly described. The Carrier assumes no liability for loss, damage, delay, seizure, detention, or destruction of such goods.

10.4The shipper shall indemnify and hold harmless United Cartage Ltd. from and against any claims, penalties, fines, damages, costs, or expenses arising directly or indirectly from the shipment of prohibited or non-accepted goods.

11.1If delivery cannot be completed through no fault of the Carrier, the Carrier shall notify the shipper or consignee and request disposition instructions.

11.2Pending such instructions, the Carrier may store the goods at the shipper’s expense or place them in a public or licensed warehouse.

11.3If no instructions are received within a reasonable period, the Carrier may return the goods to the shipper at the shipper’s cost.

12.1The shipper guarantees the accuracy of shipment weight and measurements.

12.2The Carrier may determine the actual weight of the shipment, and charges shall be adjusted accordingly.

13.1No alteration, addition, or waiver of these Conditions shall be binding unless made in writing and signed by an authorized representative of the Carrier.

13.2Verbal agreements or understandings shall have no effect.

14.1This Bill of Lading and these Conditions of Carriage shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein.

14.2The parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario.

15.1If any provision of these Conditions is held to be invalid or unenforceable, the remaining provisions shall continue in full force and effect.