Load
Warrior Logistics Ltd
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). 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.