These Terms and Conditions apply to the provision of all Loomis services when
shipping between points in Canada, or between points in Canada and various
international points. In the event of any conflict or inconsistency between
these Terms and Conditions and any other written or oral statement (including
any Loomis Bill of Lading or other transit documentation), these Terms and
Conditions shall govern. These Terms and Conditions together with the applicable
Bill of Lading constitute the entire agreement with respect to Loomis's services
and set out all covenants, promises, warranties, representations, conditions,
understandings and agreements with respect to Loomis's services, and supersede all
previous terms and conditions and any other prior documentation concerning Loomis
services.
Loomis reserves the right from time to time to unilaterally modify, amend or
change these Terms and Conditions without notice. Only the Vice President of
Sales of Loomis has the authority to do so; no other Loomis employee or agent, nor any
other person or party, is authorized to do so.
LOOMIS DOES NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AND DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS. Loomis guarantees the following services only: Loomis Express Domestic 9:00, Loomis Express Domestic 12:00, Loomis Express Domestic 18:00, Loomis Express 9:00, Loomis Express 10:30 and Loomis Express 12:00. Click here to review the new guarantee terms and conditions and limitations effective June 1st, 2011.
- Services. Loomis agrees to provide, at Loomis's specified rates courier
services in accordance with the terms and conditions set out in these Terms and
Conditions and those set out in the applicable Bill of Lading. In these Terms
and Conditions, "Bill of Lading" includes any Loomis shipping document, label,
waybill, manifest or similar document. Loomis does not deliver to P.O.
Boxes.
- Terms of Payment. Customers shall pay Loomis within seven (7) days from
date of invoice. In the event the customer fails to pay an invoice in full, when
due, interest calculated at the rate of 1.8% per month (with an effective rate
of 26.95% per annum) shall accrue and be payable to Loomis, on all outstanding
amounts.
- Right to Refuse Shipments. Loomis reserves the right to refuse to accept
(in whole or in part) any shipment which Loomis determines, in its sole discretion,
may result in damage or delay to other shipments, equipment or personnel, or
when the carriage of the shipment is prohibited by law or is contrary to any of
these Terms and Conditions (including Loomis's Package Acceptance Policy).
- C.O.D. Shipments and Third Party Billing. Loomis does not accept C.O.D.
shipments. If the customer requests Loomis to bill the receiver or a third party,
the customer agrees that it will ultimately be liable for and agrees to pay all
charges relating to such shipment (including without limitation all taxes and
duties) if the receiver or third party does not pay.
- Reweighing of Shipments. At any time during the shipment and
notwithstanding that a weight may be declared on the Bill of Lading, Loomis may
reweigh or cube any shipments and assess additional transportation charges based
on the IATA volumetric standard. Reweighing is done utilizing scales approved by
Weights & Measures Canada.
- Weight Calculation:To calculate the cubed imperial weight for all Canadian and International shipments, use: l x w x h (in Inches) / 1,728 (1 cubic foot) x 15 (cubing factor in Lbs) = weight in pounds.
- Size and Weight Restrictions. (a) Domestic: For shipments within
Canada, Loomis will accept individual pieces for shipment provided they do not
exceed 150 lbs and are within 36"x 24"x 72" dimensions.
(b) International:
For shipments between Canada and any foreign destination or between foreign
jurisdictions, size restrictions and weight limits vary by country of
destination. Call 1-855-2LOOMIS (1-855-256-6647) for further information.
- Dangerous goods. Loomis will accept for shipment certain classes of
Dangerous Goods subject to compliance with all applicable legislation, including
without limitation the International Air Transport Association ("IATA")
Regulations and the Transportation of Dangerous Goods Act. In no event will Loomis
accept any of the following Dangerous Goods:
- Explosives
- Radioactives which are pyrophoric or explosive
- Infectious substances packed with other goods
- Unsecured cylinders
- Loaded firearms
- Wastes
Dangerous Goods may NOT be packaged in a Loomis branded
envelope, pack or box. Loomis does not accept any Dangerous Goods shipments to be
sent "via air". An additional fee will apply to each Dangerous Goods shipment.
Loomis may change its policies in connection with Dangerous Goods without notice.
Certain exceptions and restrictions apply. Call 1-855-2LOOMIS (1-855-256-6647) for further
information.
- Prohibited Items. In addition to the restrictions and prohibitions
set out in paragraph 8, Loomis imposes the following additional restrictions on
shipments:
(a) Domestic Destinations: Items which Loomis will not accept for shipment
within or to Canada include, without limitation, the following:
- Shipments containing in excess of 30% glass content
- Live animals, insects, plants or fish
- Toxic gases (Class 2.3)
- Human remains
- Drugs prohibited by law
- Jewellery or original artwork
- Explosives, except Class 1.4S or exempted items
- Seafood, meat, poultry or fish
- Water Reactive substances (Class 4.3) Packing Group 1
- Cash, bonds, stocks or other negotiable instruments
- Radioactives (Class 7), other than exempted items
- Tobacco (in excess of 50 cartons and/or in excess of 10 kg, unless under
contract to dealer)
- Pornography
- Items restricted by IATA or ICAO (International Civil Aviation Organization)
- Items which Loomis determines, in its sole discretion, that it cannot transport
safely or legally.
(b) US Destinations: In addition to those set out above under "Prohibited
Items: Domestic Destinations", items which Loomis will not accept for shipping to,
from or within the US include, without limitation, the following:
- Cuban cigars
- Coins of any kind
- Furs and fur clothing
- Alcohol
- Weapons and ammunition
(c) International Destinations (other than the US): Restricted items vary by
country.
- Loomis may change its policies in connection with restricted and prohibited
shipments without notice. For further information on domestic, US and
international restrictions, please contact 1-855-2LOOMIS (1-855-256-6647).
Note: Any marine transport shipments must conform to International Marine
Dangerous Goods Code (MDC) except for travel on roll on/off ferry. Refer to
Special Provisions in Dangerous Goods Regulations.
- Inspection of Shipments. Without notice, Loomis may, at its sole
discretion, open and inspect any shipment and its contents at any time. Customs
authorities, or other governmental authorities, may also open and inspect any
shipment and its contents at any time.
- Routing. Customer agrees to all routing and diversion, including the
possibility that the shipment may be carried via intermediate stopping places
which Loomis deems appropriate. Loomis reserves the right to substitute alternate
methods of transport for those selected by the customer. Loomis also reserves the
right to substitute non-courier carriers to complete shipment deliveries to
remote or non-Loomis serviced destinations. Loomis's exercise of any of its rights
under this paragraph shall in no way affect Loomis's maximum liability as provided
in these Terms and Conditions (see "Maximum Liability").
- Re-Attempted Deliveries and Undeliverable Shipments. Undeliverable
shipments and re-attempts at deliveries shall be dealt with in accordance with
Loomis's then current policies and procedures. Additional charges may apply. Call
1-855-2LOOMIS (1-855-256-6647) for details.
- Warsaw Convention. In these Terms and Conditions, references to the
Convention mean the Convention for the Unification of Certain Rules relating to
International Carriage by Air, signed at Warsaw, October 12, 1929, or that
Convention as amended by the Hague Protocol 1955, the Montreal Protocol No. 4
and/or the Convention Supplementary to the Warsaw Convention for the Unification
of Certain Rules Relating to International Carriage by Air Performed by a Person
Other than the Contracting Carrier, or at that Convention as may otherwise be
amended, as applicable. When a shipment involves a destination or stop in a
country other than the country of departure, the Convention may apply and, in
most cases, will limit Loomis's liability with respect to loss or damage to, or in
delay in carriage of, such shipments.
- Maximum Liability. Where the Convention does not apply to a shipment,
the maximum amount of any losses or damages, howsoever caused, for which Loomis may
be liable is $4.41 Cdn. per kilogram (or $2.00 Cdn. per pound) computed on the
total weight of such shipment, unless a higher value is declared on the Bill of
Lading at the time of pickup and the sender has paid any applicable
surcharge.
Notwithstanding the weight of any shipment, in no event shall
Loomis's liability in respect of any shipment be greater than the allowable maximum
declared value provided in paragraph 15.
In no event, however, will Loomis
be liable for consequential, incidental, or indirect damages, including loss of
profits or income, whether or not Loomis had knowledge that such damages might be
incurred.
Where the Convention applies to the shipment, Loomis's maximum
liability will be subject to the rules of liability established by the
Convention.
- Shipment Value Protection. "Declared value for carriage" is required
by Loomis to determine transport liability limits, while "declared value for
customs" is required by customs officials for possible assessment of duties and
taxes. The declared value for carriage of any shipment represents Loomis's maximum
liability in connection with a shipment, subject to the rules of liability
established by the Convention where the Convention applies. In no event,
however, shall there be a declared value in excess of $99,999.99 and any value
declared in excess of same will be deemed to be invalid. The shipment value must
be declared on the Bill of lading at the time of pickup. All shipments with a
declared value exceeding $2,500 must have a pre-authorization number obtained
from the local Loomis branch Customer Service 1-855-2LOOMIS (1-855-256-6647) prior to shipping.
The number is to appear in the Special Agreement box on the waybill. Additional
charges may apply.
Notwithstanding any disclosure of the nature or value
of any shipment, the amount of any loss or damage (including, without
limitation, loss of earnings or profits) in any manner resulting whether or not
from negligence or gross negligence, from loss of or damage to the goods and/or
misdelivery, failure to deliver the shipment, for which Loomis may be liable to the
sender, owner, receiver and/or any third party whether in contract, tort or
otherwise, shall in no event exceed an amount equal to Loomis's maximum liability
as provided in paragraph 14 or 15. It is the shipper's responsibility to prove
actual damages. Exposure to, and risk of, any loss in excess of the declared
value for carriage (or in excess of the maximum declared value) is assumed by
the shipper. The shipper may transfer this risk to an insurance carrier of its
choice through the purchase of an insurance policy. Contact an insurance agent
or broker for insurance coverage. LOOMIS DOES NOT PROVIDE INSURANCE COVERAGE OF ANY
KIND.
- Notice of Claim for Loss or Damage. In case of damage, please call
1-855-2LOOMIS (1-855-256-6647) within 48 hours and request an immediate inspection. With respect
to any claim, including a claim for loss, delay or damage where the Convention
does not apply, the customer must submit a written notice of claim (along with
the Bill of Lading and other supporting documentation) within 60 days from the
date of delivery or, in the event that Loomis failed to make delivery, within nine
(9) months after the date of shipment. In the event of a claim for concealed
damage not discovered at the time of delivery, customer must promptly provide
Loomis with written notice after discovery of the damage, and in any event not
later than 48 hours after the date of delivery. The filing of a lawsuit does not
constitute compliance with the above notice provisions. Further, subject to any
applicable statutory provisions providing otherwise, a statement of claim
instituting an action must be filed within nine (9) months from the date of
shipment, together with a copy of the paid freight bill.
In the case of
shipments where the Convention does apply, written claims for loss of or damage
to the shipment must be received by Loomis within fourteen (14) days from the date
of receipt of the shipment; for damages or losses of any kind resulting from
delay, within twenty-one (21) days from the date of receipt of the shipment; and
for damages or losses of any kind due to non-delivery or misdelivery, within
ninety (90) days after Loomis's acceptance of the shipment for carriage. Further,
any action must be brought within two (2) years from the date of delivery of the
shipment or from the date on which the shipment should have been delivered or
from the date on which carriage stopped.
Failure to comply with any of
these conditions in this paragraph, including time limits, will result in the
denial of customer's claim, and Loomis will have no liability or obligation to pay
the claim.
No claims will be considered until all freight charges have
been paid.
- Shipper's Risk. Shipments containing glass, liquids, ceramics, items
requiring temperature control, privately packaged personal items or prohibited
items accepted by Loomis will travel at the shipper's risk on a no-value basis and
Loomis's maximum liability as provided in paragraph 14 cannot be increased by the
customer (even if a higher value has been declared on the Bill of Lading). For a
list of prohibited items, please refer to paragraph 9. Shipment Value Protection
does not apply to these shipments.
- No Liability. Loomis assumes no liability for any loss, damage or delay
due to improper packing or marking of shipments.
- Delayed Shipments. Loomis will make every reasonable effort to deliver
customers' shipments according to Loomis's regular delivery schedules; these are
not, however guaranteed and do not form part of these Terms and Conditions. Loomis
is not liable for any delays and is not responsible for the consequences of a
failure to deliver by a stipulated time.
- Circumstances beyond Loomis's Control. Loomis is not liable if a shipment
is lost, damaged or misdelivered because of circumstances beyond Loomis's control.
These include, without limitation:
- "Act of God" (e.g. earthquake, cyclone, storm, flood)
- "Force majeure" (e.g. war, terrorism, plane crash or embargo)
- Strikes or labour disruptions
- Any defect of characteristic to do with the nature of the shipment, even if
known to us when we accepted it.
- Any action or omission by anyone outside Loomis. For example:
- The sender of the shipment
- The receiver of the shipment
- An interested third party
- Any public authority (including Customs and other Government officials)
- The Postal Service, other carrier or other third party who Loomis contracts to
serve locations that it does not serve directly. Loomis is not liable even if the
sender did not ask for or know about a third party arrangement.
- Loomis is also not liable for electrical or magnetic damage to, or erasure of,
electronic or photographic images or recordings.
- No Warranties. Loomis Express makes no warranties, expressed or implied, and expressly disclaims any and all representations, warranties and conditions. Loomis guarantees the following services only: Loomis Express Domestic 9:00, Loomis Express 9:00, Loomis Express 10:30 and Loomis Express 12:00. Click here to review the new guarantee terms and conditions and limitations effective June 1st, 2011.
- Customer Warranty. Shippers warrant that each item in a shipment to
be carried under these Terms and Conditions are properly described on the Bill
of Lading and that such items are acceptable for transport by Loomis, and that the
shipment is properly marked, addressed and packed, and in accordance with these
Terms and Conditions and all applicable law (including, without limitation,
Dangerous Goods legislation and IATA and ICAO regulations). The shipper
indemnifies Loomis for any and all claims arising out of the shipper's breach of
such warranty.
- Privacy. By sending or receiving a shipment, or being identified as a
third party for billing purposes, customers consent to the collection, use, or
disclosure of their personal information by Loomis for the purposes of providing
the carrier services. In particular, with respect to a shipment, customers
consent to Loomis's disclosure of personal information to the shipper, the
recipient and, if applicable, the third party identified for billing purposes.
For the complete Loomis privacy policy, please call 1-855-2LOOMIS (1-855-256-6647)
- Governing Law. The Bill of Lading and these Terms and Conditions
shall be governed by the laws of the jurisdiction where the shipment originates,
and the customer irrevocably submits to the non-exclusive jurisdiction of the
courts of such jurisdiction, unless contrary to applicable law.
- Severability. If, in any jurisdiction, any provision of these Terms
and Conditions or its application to any party or circumstance is restricted,
prohibited or unenforceable, such provision shall, as to such jurisdiction, we
ineffective only to the extent of such restriction, prohibition or
unenforceability without invalidating the remaining provisions of these Terms
and Conditions and without affecting the validity or enforceability of such
provision in any other jurisdiction or without affecting its application to
other parties or circumstances.
- Customs Clearance. Shipper authorizes Loomis (however, Loomis is under no
obligation) to complete on shipper's behalf any documents required to comply
with applicable laws and regulations, and to act as shipper's forwarding agent
for customs and export control purposes.
Shipper agrees that Loomis may
abandon and/or release any item which Loomis declares to be unacceptable or which
shipper has undervalued for Customs purposes or misdescribed, whether
intentionally or otherwise, without incurring any liability whatsoever to
shipper, receiver or any other third party and shipper will reimburse Loomis upon
demand all claims, damages, fines and expenses arising there from and for costs
incurred in returning the shipment to the shipper or warehousing the shipment
pending disposition.