TERMS & CONDITIONS
Acceptance: By placing an order with QA Courier for pick-up and/or delivery, you agree to all of the terms and conditions stated herein.
Applicable Law: The laws of the province of Ontario or Quebec (whichever province the order was placed in) will govern these disclaimers, terms and conditions, without regard to any conflict of law provisions. You also agree and submit to the exclusive jurisdiction and venue of the courts of the province of Ontario or Quebec (whichever province the order was placed in) and acknowledge that you do so voluntarily. The parties agree to use their best efforts to resolve any dispute that may arise through good faith negotiations. The parties acknowledge their desire that any irreconcilable dispute or difference shall be resolved by mediation involving the appointment of a mutually acceptable mediator. The cost of any such mediation is to be shared equally by the parties. This is without prejudice to any other right or entitlement that they may have. If any provision of these Terms and Conditions is found to be unlawful, void or unenforceable, then such provision is deemed severable and will not affect the validity or enforceability of any of the remaining provisions. The parties agree that this agreement and all related documents be written in the English language. Les parties ont exigé que le présent contrat et tous les documents connexes soient redigés en anglais.
Indemnity: You shall indemnify and hold harmless QA Courier against all liabilities, losses, claims, damages, costs and expenses of any nature whatsoever incurred as a consequence of your non-observance of any regulation of whatever nature which you are required to observe with regard to or in connection with the carriage of the goods shipped.
Payment: QA Courier invoices semimonthly. There is a minimum billing charge of $50 per billing. Invoices are payable upon receipt. Any invoice under $100 must be paid immediately by preauthorized Visa or Master Card. Any discounts applied to an order are subject to payment being received on time. Where payment for a shipment has not been received within 30 days of invoice, QA Courier has the option of recalculating all charges to those shown in the current tariff. Overdue balances are subject to interest calculated at 1.5% per month (19.6% per annum) which shall accrue and be payable to QA Courier on all outstanding monies. This is in addition to any legal rights and remedies available to QA Courier.
Delay: Unless agreed to otherwise in writing, QA Courier shall not be liable for any special consequential or other damages caused by mere delay in the delivery of a shipment.
Limits of Liability: QA Courier shall not be liable for any loss, damage, destruction or unreasonable delays arising from factors beyond the control of QA Courier including but not limited to the following causes: acts of God, the Queen’s or public enemies, awful weather, bad traffic conditions, riots, strikes, war or terrorism, authority of law, defect or inherent vice in the goods shipped, act or default of the shipper or owner of the goods, nuclear reaction, radiation or radioactive contamination.
Declared Value of Shipments And Insurance: The shipper may declare the value of a shipment for the sake of record keeping. However, unless the shipper indicates YES in the Insurance prompt during order placement, QA Courier’s liability for any loss, damage or injury to a shipment shall not exceed the lesser of $1.50 per pound or $50.00.
If the shipper indicates YES in the Insurance prompt during order placement, an additional charge equal to $4.50 per $100 or part thereof on declared value in excess of $200 will be applied. Insurance on declared values of over $1000 must be pre-approved by a QA Courier office employee.
QA Courier cannot insure the following items under any circumstances: tenders, antiques, currency, precious metals or stones, glass or glassware, ceramics, household goods, travelers cheques, works of art, liquor, wine, spirits, tobacco, cigars, cigarettes, stocks, bonds, certificates, bullion, money orders, stamps, jewellery, watches, cashier's cheques, plants, liquids, perishables, furs.
All computer, electronic goods and the like must be in original manufacturer's packaging and are not covered unless certified as operating before pick-up, and unless packaging is damaged in transit and so noted upon delivery. Claims made on shipments signed for in good order will not be processed.
The claimant agrees that notwithstanding any disclosure of the nature or value of the goods, the amount of any loss or damage, including consequential, incidental or indirect damage, loss of earnings or profits resulting from the loss of or damage to the goods, shall not exceed the maximum liability of QA Courier set out above.
Notice of Loss or Damage: Notice of loss or damage must be given to QA Courier within twenty-four (24) hours after such loss or damage becomes known and in writing within ten (10) days after the order was placed. QA Courier will accept no liability for loss or damage unless written notice of such loss or damage is received within ten days after the order was placed.
Hours of Operation: Normal hours of operation are Monday through Friday from 8:00 AM to 5:00 PM. Cut-off times apply where the cut-off for using the 4 Hour Service is 1:00 PM, the cut-off for the 3 Hour Service is 2:00 PM, etc. Service is available 24 x 7 x 365 even outside normal hours of operation by calling the office ($25 surcharge applies).
Fuel Surcharge: The fuel surcharge (FSC) applies to the cost of all orders. For overnight deliveries we use the rates posted at www.fedex.ca, www.ups.ca and www.purolator.ca. For same-day deliveries, the entire FSC amount goes directly to the vehicle operator to help defray the cost of fuel. The average cost of fuel for the previous month dictates the same-day FSC for the current month based on the table below:
Fuel prices taken from the MJ Ervin & Associates web site at https://www.mjervin.com/gasoline_prices.htm.
QA Courier reserves the right to change these terms and conditions without notice.