Load Warrior Logistics Ltd
Transport Terms & Conditions
1.0
Services:
Load
Warrior Logistics Ltd in conjunction with its affiliates is engaged in the
transportation of shipments by the following services: Same day, Priority,
Hotshot. The services offered to the customer are in accordance with the terms
and conditions set out herein and in accordance with Load Warrior
Logistics Ltd’s published and or specified
rates.
1.1
Approval of Services by a Third Party:
By
default, the customer authorizes any third party to place orders on their
behalf, under any service level, and is liable for any shipping charges,
including additional charges, unless Load Warrior Logistics Ltd is explicitly
informed in writing of the removal of this authorization in part or in whole
prior to any shipment. Load Warrior Logistics Ltd is not liable for any charges
for shipments moved in error that it deems to have originated in good faith on
behalf of the customer.
2.0
Commodities Serviced & Restrictions:
Load
Warrior Logistics Ltd offers services of general commodities, as usually
defined, subject to the following restrictions:
2.1
Section Deprecated 02/25/2020
2.2
(a) Limitation of Liability of Load Warrior Logistics:
If
no additional insurance is requested in writing by the Shipper to Load Warrior
Logistics as in clause 2.2(b) below, it is agreed that for claims purposes
(including a claim based upon failure to deliver, misdelivery,
damage, loss or theft of packages), Load Warrior Logistics Ltd’s liability is limited to a maximum of $100 per
shipment regardless of the circumstances, including but not limited to, the
gross negligence or negligence of Load Warrior Logistics and its employees,
contractors or agents. However, for all late or delayed shipments, clause
2.2(c) applies
(b)
Limitation of Liability of Load Warrior Logistics:
An
additional charge must be paid to Load Warrior Logistics if the Shipper wishes
to obtain Declared Value protection in excess of $100
per shipment. However, Declared Value protection does not protect against late
or delayed shipments: see 2.2(c) below. The maximum Declared Value for a
shipment is $1,000, in which case Load Warrior Logistics Ltd’s maximum liability will be $1,000. However, all
jewelry shipments (other than costume jewelry) are limited to a maximum
Declared Value of $500 per shipment. Any effort by the Shipper to declare a
value in excess of these maximum amounts shall be null
and void. The acceptance for carriage by Load Warrior Logistics of any
shipments bearing a Declared Value in excess of these
maximum amounts does not constitute a waiver of this provision. In addition,
for international shipments, the Declared Value cannot exceed the declared
value for Customs.
(c)
Limitation of Liability for Consequential Losses:
Load
Warrior Logistics shall not be liable for any special, incidental or
consequential damages (collectively, the "Consequential Damages")
including, but not limited to, loss of profit incurred by the Shipper or any
other person or company as the result of Load Warrior Logistics Ltd’s (or its agents) acts or omissions, including
gross negligence or negligence causing damages, failure to deliver, misdelivery, loss or theft of shipment, or late or delayed
shipment. In any such event, Load Warrior Logistics Ltd’s liability
shall be limited to either a refund or credit of the shipping charges (pursuant
to the terms of Load Warrior Logistics Ltd’s shipping
guarantee in effect at time of shipment, if the shipment has been guaranteed by
Load Warrior Logistics to arrive on time).This limitation of liability applies
to all shipments, regardless of whether the Shipper has declared a value of the
shipment (as per 2.2 (b) above) and paid the additional charges. In no event
shall Load Warrior Logistics be liable for Consequential Damages even if
advised in advance of the possibility of such damages.
(d)
Items for which Load Warrior Logistics has no liability:
Notwithstanding
anything in clause 2, Load Warrior Logistics will have no liability whatsoever
for: (i) any items that are prohibited herein from
being shipped with it; (ii) loss or damages to perishable items requiring
protection from heat or cold, to the extent the loss of damages results from
exposure to heat or cold or the perishable nature of the items; (iii) any loss
or damages to any package due to improper packaging; and (iv) any causes beyond
Load Warrior Logistics Ltd’s control such
as acts of God, strikes, lockouts, and power disruptions.
(e)
International shipments:
For
international shipments, the limitations in Clause 2.2(a), (b), (c) and (d)
continue to apply, unless the provisions of the Warsaw Convention are
applicable.
2.3
Tenders:
No
Service shall be rendered in the transportation of tenders. Should a Shipper ship
a "tender" without written approval from Load Warrior Logistics, Load
Warrior Logistics will not be held responsible in any manner, financially or
otherwise, for the consequences of failure to deliver a shipment by a
stipulated time.
2.4
Section Deprecated 02/25/2020
2.5
Consumer Commodities:
Items
classified as "consumer commodities" by Transport Canada are accepted
via Load Warrior Logistics ground service within Canada. Some restrictions
apply in areas not accessible by ground. Call Load Warrior Logistics for
details.
2.6
Items Prohibited/Restricted by Load Warrior Logistics:
No
service shall be rendered in the transportation of any of the prohibited items
listed below. In the event that any such prohibited
article enters the Load Warrior Logistics system, this does not constitute a
waiver on the part of Load Warrior Logistics and Load Warrior Logistics shall
have no liability whatsoever for delay, loss or damage to any such article,
even if the Shipper has entered a Declared Value on the shipping document.
Shippers are prohibited from shipping articles of unusual value via Load
Warrior Logistics. Articles of unusual value shall be deemed to include, but
are not limited to: Currency, negotiable instruments (except cheques) and money
orders; human remains in any form; any shipment that, in Load Warrior
Logistics Ltd’s judgment, could cause
damage or delay to equipment, personnel, or other Shipments.
Additional
Articles prohibited by Load Warrior Logistics for shipping Internationally:
animal products, non-domesticated; firearms; gem stones;
industrial diamonds; ivory; unset precious stones; personal effects and
unaccompanied baggage shipped to any other country except the USA; and any
other prohibited items that vary by country.
Articles
requiring pre-approval for shipping within Canada, Internationally or both:
alcohol; antiques; artwork; biological substances Category B; ceramics; china; collectors’ items; confectionery products such as
potato chips in any form, chocolate in any form, pastries and baked goods in
any form; dangerous goods; diagnostic specimens; dry ice; firearms; furs; gem
stones(prohibited internationally); glass, crystal; industrial diamonds
(prohibited internationally); jewelry shipment in excess of $500; liquids; live
animals, birds and insects; perishables; pottery; precious metals (any article
containing more than 50% by weight of a precious metal); seeds (international
approval only required); tobacco (based on provincial or other country law);
live plants and cut flowers; pornographic materials; unset precious stones
(prohibited internationally); watches containing more than 50% of a precious
metal or any precious gem stone; or any shipment, in Load Warrior
Logistics Ltd’s judgment, could cause
damage or delay to equipment, personnel or other shipments This list may be
amended from time to time by Load Warrior Logistics. Shipments containing
pre-approval articles are transported at the Shipper’s risk, including without
limitation for delay, loss, theft or damage. In the event that any pre-approval article enters the
Load Warrior Logistics system without having obtained Load Warrior
Logistics Ltd’s pre-approval, this does not
constitute a waiver on the part of Load Warrior Logistics and Load Warrior
Logistics shall have no liability whatsoever for delay, loss, theft or damage
to any such article, even if the Shipper has entered a declared value on the
shipping document. Pre-approval is defined as Load Warrior Logistics Ltd’s written consent, as evidenced by an agreement
settling out the pre-approval article(s) to be transported, which is signed by
authorized representatives of Load Warrior Logistics and the Shipper.
2.7
Perishable & Thermal-sensitive Goods:
Load
Warrior Logistics does not provide a protective service for the transportation
of perishable commodities or for commodities requiring protection from heat or
cold. Such commodities will be accepted for transportation solely at the
Shipper’s risk of damage occasioned by exposure to heat or cold. In the event that any pre-approval article enters the
Load Warrior Logistics system without having obtained Load Warrior
Logistics Ltd’s pre-approval, this does not
constitute a waiver on the part of Load Warrior Logistics and Load Warrior
Logistics shall have no liability whatsoever for delay, loss, theft or damage
to any such article, even if the Shipper has entered a declared value on the
shipping document.
2.8
Prohibited by Law:
No
service shall be rendered by Load Warrior Logistics in the transportation of
any shipment which is prohibited by law or regulations of any federal, state,
provincial, or local government in the origin country or destination country.
3.0
Right of Inspection:
Load
Warrior Logistics reserves the right to open and inspect any Shipment tendered
to it for transportation but is not obligated to do so.
4.0
Rates:
Refer
to your rate guide in effect at the time of shipping for specific rates; or call Load Warrior Logistics for details.
Rates are subject to change at anytime without notice.
5.0
Refusal of Shipments:
Load
Warrior Logistics reserves the right to refuse any Package that by reason of
the dangerous nature or any other character of it’s
contents is liable, in judgment of Load Warrior Logistics, to soil, taint, or
otherwise damage other merchandise or equipment, or that is economically or
operationally impracticable to transport, or that is improperly packaged,
wrapped, or labeled.
6.0
Proper Packaging & Labeling:
Packaging:
(Consider that Load Warrior Logistics and its affiliates may operate using a
high-speed, high-volume, highly automated distribution system; Shippers must
package their shipments in a manner that properly protects the contents during
transportation.) Packages tendered to Load Warrior Logistics must be packed or
wrapped as to meet the requirements set forth in International Safe Transit
Association (ISTA) Procedure 3A (Procedure for Testing Packaged Products).
Items that require additional load securement (i.e. items
to be transported on a flat deck or require strapping internally of an enclosed
van) need to be packaged in a manner that will not sustain damage during
securement. Load Warrior Logistics will not be liable for delay, damage to or
loss of goods caused or contributed to by defects or inadequacy of the packaging
used by the Shipper, or for damage to or loss of the packaging used by the
Shipper. The use of Load Warrior Logistics - provided packaging is not a
guarantee that an item is sufficiently packaged for transportation. Load
Warrior Logistics does not provide special handling for Packages bearing
"Fragile," Package orientation markings (e.g., "UP" arrows
or "This End Up"), or any other similar markings.
Labeling:
Every package tendered to Load Warrior Logistics must contain complete From
and To details including postal code or Zip
code, contact names, telephone numbers and a Load Warrior Logistics tracking
number. Load Warrior Logistics cannot deliver to a P.O. Box and or a Rural
Route number. Shipments require a street address including apartment/suite/unit
numbers and the consignee’s telephone number. Multiple-piece shipments (as
defined in section 7.1) must be labeled with the full delivery address on each
piece and each piece individually marked "1 of 3", "2 of
3", "3 of 3", etc.
7.0
Reweigh:
Load
Warrior Logistics reserves the right to reweigh shipments, notwithstanding that
a weight has been declared on the shipping document. The reweighed weight
determined by Load Warrior Logistics may be applied for the assessment of
rates, and the Shipper agrees to pay same. Reweighing adjustment charges may
not be reflected on the same invoice as the original transportation charges.
7.1
Multiple-Piece Shipments:
All
shipments covered under a single Load Warrior Logistics waybill/tracking number
are considered a single shipment for the purpose of calculating shipping
charges.
7.2
Rounding Measurements:
Shipment
dimensions must be rounded up to the closest whole inch. Shipment weights must
be rounded up to the next whole pound.
7.3
Chargeable Weight:
Transportation
charges are based on the greater of the dimensional volumetric weight of the
shipment or the gross weight of the shipment. Dimensional weight is based on
the current International Air Transport Association (IATA) volumetric standard,
which is subject to change without notice. Dimensional weight is calculated by
multiplying length x width x height of each package in inches and divided by
166 for dimensional weight in pounds. When a shipment exceeds 84 inches in
length and girth combined, but weighs less than 30 pounds, it will be
considered an "Extra Large Package" and rated as though it weighed 30
pounds.
8.0
After Hours Charge:
An
additional premium is applicable for each package/order with a required pickup
or delivery time outside Load Warrior Logistics Ltd’s Regular
Operating Hours. Load Warrior Logistics Ltd’s Regular
Operating Hours are; but not restricted to:
Weekdays from 8:00am to 5:00pm excluding Statutory Holidays. These hours are
subject to change without notice. The Shipper must inform a Load Warrior
Logistics customer service representative during regular operating hours of
their intent to have a shipment picked up or delivered after hours. The Shipper
will then be advised the service availability depending
destination and will quote the price at that time. The shipper is also
responsible for providing Load Warrior Logistics with contact information of a
person also available during the times requested of the order in the event of
an unexpected issue.
8.1
Freight-Collect or Third Party Billing
Charge:
This
charge only applies to domestic shipments. An additional charge may be assessed
when a Shipper requires Load Warrior Logistics to invoice a third party or the
consignee. Either/or must have a Load Warrior Logistics account. The Shipper
must inform a customer service representative at the time of placing the order,
of their request either freight-collect or third party billing.
The Shipper must also mark the waybill appropriately. The Shipper agrees to pay
for the service and any charges associated in the event the consignee or third
party fails to pay the invoice. Load Warrior Logistics reserves the right to
place the customers on a cash only basis as well as any other legal rights and
remedies available to it.
8.2
Redirect Charge (Address Correction Charge):
If
Load Warrior Logistics is unable to deliver any shipment because of an
incomplete or incorrect address; Load Warrior Logistics will make reasonable
efforts in locating the correct address. If the correct address is located, the
Shipper will be notified of the correction on their delivery service bill. An
additional fee, set forth in the Load Warrior Logistics Pricing applicable to
the Shipment in effect at the time of shipping, will be assessed to each
Package within the Shipment for this service.
8.3
C.O.D. Service:
For
COD (Cash on Delivery) shipments, when instructions are provided by the Shipper
in writing to Load Warrior Logistics to collect bank drafts, certified cheques,
money orders or similar instruments at time of delivery, Load Warrior Logistics
will do so in return for the Shipper paying a special fee to Load Warrior
Logistics. If the Shipper requires payment in cash only for the COD, Load
Warrior Logistics reserves the right to collect payment instead by bank draft, certified
cheque, money order or similar instrument. All bank drafts, certified cheques,
money orders, and cash will be accepted by Load Warrior Logistics from the
receiver/consignee at the Shipper’s risk, including, but not limited to the
risk of forgery of the monetary instrument or non-payment there under, and Load
Warrior Logistics shall not be liable upon any such instrument. Load Warrior
Logistics will typically send to the Shipper, within 10 days of the delivery of
the COD shipment, the form of instrument collected by Load Warrior Logistics
from the receiver/consignee. In no event, however, will Load Warrior Logistics
be liable to the Shipper for a COD amount for more than the value of the
shipment, or $1,000, whichever is less. The entry of a COD amount by the
Shipper is not a Declared Value within clause 2.2(b) above. Rather, if the
Shipper wants to protect against failure to deliver, damages, loss or theft of the COD shipment, for a greater amount than
$50 per shipment, the terms set out in clause 2.2(b) apply, and the greater
value must be declared in writing by the Shipper, and the additional charges
paid to Load Warrior Logistics.
8.4
Extended Area Surcharges:
An
additional charge may be assessed for shipments picked up from or delivered to
certain extended areas or remote locations.
8.5
Extended Area Surcharges:
See
"9.0 - Return of Undeliverable Shipments within Canada" and "9.1
- Return of Undeliverable International Packages".
8.6
Rural Route/P.O. Box Charge:
Load
Warrior Logistics can not deliver to either a Rural Route or P.O. Box Number.
All shipments require a company name, street address including
apartment/suite/unit numbers and the Consignee’s telephone number. Should the
Shipper address the shipment to either a Rural Route or P.O. Box number
additional charges will be assessed, and there may be delays in the delivery.
8.7
Re-Attempted Delivery Charge:
If
for some reason, Load Warrior Logistics is unable to deliver a shipment, the
Shipper will be notified of the circumstances surrounding the failed attempt, and will request further instructions. If the
Shipper requests Load Warrior Logistics re-attempt the delivery an additional
charge may apply. Refer to Load Warrior Logistics price schedule for cost.
8.8 Deadcall Charge:
(Unavailable
Pick-ups) If Load Warrior Logistics is unable to make a pick
up of a Shipment, the Shipper will be informed and a dead call
charge will be applied.
8.9
Waiting Time Charge:
A
"Waiting Time Charge" may be applied when a Load Warrior Logistics
driver has to wait for either a pick up or
delivery of a shipment. Refer to your price schedule for rates.
8.10
Vehicle Charge:
A
"Waiting Time Charge" may be applied when a Load Warrior Logistics
driver has to wait for either a pick up or
delivery of a shipment. Refer to your price schedule for rates.
8.11
Additional Handling:
Where
applicable, an Additional Handling Fee, in effect at the time of shipping or
receiving, may be added to the shipping charge for the following: Any article
that is encased in an outside shipping container made of metal or wood, Any
cylindrical item, such as a barrel, drum, pail, or tire, that is not fully
encased in a corrugated cardboard shipping container, or any article that needs
to be repackaged to maintain its integrity. Load Warrior Logistics also
reserves the right to assess the Additional Handling Charge for any Package
that, in Load Warrior Logistics Ltd’s sole
discretion, requires special handling.
8.12
Large Bundle Surcharge:
A
Package is considered a Large Bundle when its length is disproportionately
longer than its other dimensions and is equal to or the greater of 10 feet
long. Shipping charges are assessed at 10 pounds per lineal foot regardless of
how insignificant the diameter, or the volumetric weight of 10 pounds per cubic
foot, or the gravimetric weight, whichever is greatest.
9.0
Return of Undeliverable packages within Canada:
Shipments
which are sent by the Shipper and which are
refused by the Consignee or which for any other reason cannot be delivered,
will be promptly returned to the Shipper with an additional charge being billed
to and paid for by the customer regardless of if the Shipments are sent
“prepaid”, "collect", or "third party". If the returned
Package is refused by the Shipper, or the Package cannot otherwise be returned
to the Shipper, Load Warrior Logistics Ltd will retain the Package for a period of time determined at its sole discretion, but
no more than thirty (30) days, and Load Warrior Logistics Ltd reserves both the
right to dispose of or salvage the Package thereafter.
9.1
Return of Undeliverable International Packages:
International
Packages refused by the Consignee, or that cannot be delivered for any other
reason, will be held, and the customer will be contacted for further
instructions. The customer will be responsible for payment of all charges,
including, but not limited to, forwarding, disposal, or return transportation
charges, as well as any duty and tax, if applicable.
10.0
Provision for Customs Clearance of International Shipments Export
Documentation:
The
Shipper must provide the required documentation for customs clearance, except
for envelopes containing documents only which do not require export
documentation but simply identified as "Documents Only". By providing
this documentation, the Shipper certifies to Load Warrior Logistics Ltd that
all statements and information relating to exportation and importation are true
and correct. There are civil and criminal penalties including the forfeiture
and sale of the shipment that may be imposed for making false or fraudulent
statements.
10.1
Payment of Additional Expenses:
Customs
penalties, storage charges, or other expenses incurred as a
result of an action by Customs or failure by the Shipper or Consignee to
provide proper documentation or to obtain a required license or permit, will be
charged to the Consignee along with any applicable duty and tax. However, the
customer is liable for payment if the Consignee does not pay. Additional
charges may apply for complex customs clearance procedures which include, but are not limited to: clearance procedures
involving a government agency, customs bonds, drawbacks, formal entries
involving more than five tariff lines, live entries, marking attendance,
temporary import bonds.
11.0
Invoicing Options:
Load
Warrior Logistics Ltd will invoice the customer bi-monthly, meaning by the 15th of
each month, and again on the last day of the month. Regardless of if the
shipment is “prepaid”, “collect”, or “third party”, the customer will be billed
all charges for which Load Warrior Logistics Ltd reasonably believes the
shipments were generated in good faith on behalf of the customer.
11.1
Section Deprecated 01/25/2022
12.0
Proof of Delivery (P.O.D.):
Delivery
can be verified by calling Load Warrior Logistics or referring to the On-Line
tracking system at loadwarrior.ca.
12.1
Verbal Proof of Delivery:
Verbal
confirmation of delivery is available to both the Shipper and Consignee. The
proof of delivery will consist of the name of the person who signed for the
Shipment, the time and date the Shipment was delivered.
12.2
Hard Copy Proof of Delivery:
Upon
request Load Warrior Logistics will provide proof of delivery via e-mail
transmission.
13.0
Service Guarantee:
In
the event Load Warrior Logistics Ltd fails to complete delivery or attempt
delivery, within the time commitment, Load Warrior Logistics Ltd, at its
option, will reduce the charges to the next appropriate service level either by
credit or refund for each such shipment, to the payer only, upon request,
subject to the following conditions:
13.1
Terms and Conditions of Guarantee:
The
service guarantee for on-time delivery is subject to the following conditions:
Load Warrior Logistics Ltd’s guaranteed
delivery schedule must state that the destination point qualifies for the
service commitment from the origin point. The Shipment must be properly
documented on a Load Warrior Logistics pick up record and each Package in the
Shipment must bear the appropriate Load Warrior Logistics waybill. Each package
in the Shipment must be properly labeled, including From/To
address details, with the Consignee’s correct name, deliverable address, postal
or ZIP Code, and telephone number. Load Warrior Logistics Ltd will not guarantee
delivery to a P.O. Box or Rural Route Number. For Priority or Hotshot service
levels, and After Hours services, the
appropriate information must be recorded on the waybill and Load Warrior
Logistics must be made aware of the required service at the time of order. For
International shipments, all applicable documentation required by the origin
and/or destination country must be complete and included with the shipment. The
shipment must be tendered to Load Warrior Logistics Ltd during Load Warrior Logistics Ltd’s published business hours. Load Warrior Logistics
Ltd must be notified of a service failure in writing or by telephone within
four (4) calendar days from the date of scheduled delivery and must be advised
of the Consignee’s name, address, date of shipment, and the Load Warrior
Logistics order number.
13.2
Limits & Restrictions:
The
on-time delivery guarantee does not apply to shipments which are delayed due to
causes beyond Load Warrior Logistics Ltd’s control
including, but not limited to the following; the unavailability or refusal of a
person to accept delivery of the Shipment, delays caused by the Consignee, acts
of God, the Queen’s or public enemies, public authorities acting with actual or
apparent authority on the premise, acts or omissions of customs or similar
authorities, riots, circumstances arising before, during, or after a strike or
other labour disputes, civil commotions, disruptions in the air or ground
transportation network(such as weather phenomena), authority of law, defect or inherent
vice in the goods shipped, and nuclear reaction, radiation or radio active
contamination and natural disasters. The on-time delivery guarantee does not
apply to Packages subject to Additional Handling, or to any Package exceeding
Maximum Weight and Size Limits (Section 2.1) or containing articles listed as a
Prohibited Article (Section 2.6) or any Dangerous Goods Shipment (Section 2.4).
Load Warrior Logistics reserves the right to waive the on-time delivery
guarantee on Shipments scheduled for delivery the business day following a
national or provincial holiday when that holiday is not observed in the U.S. or
other parts of Canada. Load Warrior Logistics reserves the right to refuse any
request for a credit or refund when such request is made by a party other than
the payer of the shipping charges. The Load Warrior Logistics online tracking
system accessed via loadwarrior.ca and tracking information obtained through
the Load Warrior Logistics Ltd website are the private property of Load Warrior
Logistics Ltd. Load Warrior Logistics Ltd authorizes you to use the online
tracking system solely to track shipments tendered by or for you to Load
Warrior Logistics Ltd for delivery and for no other purpose. Without
limitation, you are not authorized to make the information available on any
website or otherwise reproduce, distribute, copy, store, use or sell the
information for commercial gain without the expressed written consent of Load
Warrior Logistics Ltd. This is a personal service, thus your right to use the
Tracking System or information is non assignable. Any access or use that is
inconsistent with these terms is unauthorized and strictly prohibited.
14.0
Procedures for Claims:
A
claim may be filed by the customer when Load Warrior Logistics Ltd does not meet
its on-time delivery commitment, or for loss of or damage to a Shipment.
Tracing or tracking a missing Package does not mean that a claim has been
filed. Claims must be submitted to Load Warrior Logistics Ltd by telephone at
(604) 846-6648 or in writing to: office@loadwarrior.ca. All claim notifications
must include shipment details, including address information (from/to), date of
shipment, package weight, the Load Warrior Logistics Ltd order number, and a
detailed statement of what is being claimed. Claims must be lodged within the
following time periods: Loss or Damage Claims notification within 24 hours,
Service Guarantee Claims notification within 24 hours. Note that Load Warrior
Logistics Ltd is not liable for concealed damage where the outside packaging
material is not also damaged as it is not reasonable that Load Warrior
Logistics Ltd is able to verify the package was not damaged prior to shipping.
15.0
Taxes:
All
applicable Federal and Provincial taxes required by law will be charged on all
freight costs and surcharges. The customer agrees to pay Load Warrior Logistics
any and all taxes assessed to their account.
16.0
Payment for Service:
Load
Warrior Logistics Ltd’s credit terms
require payment of all charges upon receipt of Load Warrior Logistics Ltd’s invoice. In the event the customers fails to pay the invoice, Load Warrior Logistics
reserves the right to place the customer on a "cash only" basis as
well as implementing any other legal rights and remedies available to it and
the customer may be subject to a 2.66% monthly compound interest rate after the
arranged payment term (standard is 30 days) has elapsed without payment.
16.1
Collection Costs:
Customer
is responsible for all expenses in the collection of monies that have not been
paid within the terms specified; or when the Shipper assumes responsibility of
payment of shipping charges in the event of nonpayment by the Consignee or the
alternative party invoiced.
16.2
Declined Payments/NSF Fees:
Load
Warrior Logistics Ltd reserves the right to apply an Administration Charge
should a Customer default on paying for
services due to declined credit card, insufficient funds to cover Pre
Authorized Payment Plan and or payment by cheque.
17.0
Future Changes:
Rates,
charges terms and conditions and services are subject to change without notice.
The most current rates, charges, terms and conditions and services may be
obtained by e-mail request to office@loadwarrior.ca or by calling 604-846-6648.
18.0
Service:
Some
shipments may be shipped by surface transport and/or handled by a Load Warrior
Logistics independent contractor. Shipments handled by independent contractors
destined to remote delivery areas may be delivered to a centralized delivery
location and require the Consignee to pick up the Shipment.
19.0
Fuel Surcharge:
Load
Warrior Logistics reserves the right to apply a fuel surcharge on Shipments.
The surcharge will be applied for such periods as Load Warrior Logistics may
determine necessary. Current details on the fuel surcharge will be posted on
the Load Warrior Logistics website at loadwarrior.ca.
20.0
Security Surcharge:
Load
Warrior Logistics reserves the right to apply a security surcharge on all
Shipments without prior notice. The surcharge will be applied for such periods
as Load Warrior Logistics may determine necessary.
21.0
Packages Which Have Been Refused or Are Unidentifiable:
If
for any reason a Package or Shipment in the possession or control of Load
Warrior Logistics Ltd cannot be either delivered to the Consignee or returned
to the Shipper, including without limitation because the Package or Shipment
has been refused or abandoned by the Consignee and or the Shipper or because
the Shipper and or Consignee cannot be ascertained for any reason, Load Warrior
Logistics Ltd will retain the Package or Shipment for a maximum period of 30
days or such longer period of time as in its sole discretion it determines
("Holding Period"). At the expiration of the Holding Period, Load
Warrior Logistics Ltd is deemed to have fulfilled all obligations that it may
as common carrier; the Shipper and Consignee will be deemed to have
relinquished any and all proprietary rights in Packages and Shipments and or
their contents which remain unidentified and or undeliverable ("Unclaimed
Goods"); and to the fullest extent permitted by law, full and clear title
to the Unclaimed Goods will pass to Load Warrior Logistics Ltd. Following the
Holding Period, Load Warrior Logistics Ltd may dispose of the Unclaimed Goods
in any manner it elects, including without limitation by sale or consignment to
a third party and the sole recourse of the Shipper and or Consignee shall be in
accordance with this section.
22.0
All figures in Canadian dollars:
All
dollar figures referred to in these Terms and Conditions are in Canadian
dollars.