When ordering SpeedLink's services you, as "Shipper", are agreeing, on your behalf and on behalf of anyone else with an interest in the Shipment, that the Terms and Conditions shall apply from the time that SpeedLink accepts the Shipment unless otherwise agreed in writing by an authorised officer of SpeedLink. Your statutory rights and entitlements under any defined service feature (for which additional payment has been made) are not affected.
"Shipment" means all documents, parcels or other consignment that travel under one waybill and which may be carried by any means SpeedLink chooses, including air, road or any other carrier. A "waybill" shall include any label produced by SpeedLink automated systems, air waybill, or consignment note and shall incorporate these Terms and Conditions. Every Shipment is transported on a limited liability basis as provided herein. If Shipper requires greater protection, then insurance may be arranged at an additional cost. (Please see below for further information). "SpeedLink" means any member of the SpeedLink Transport Limited network.
1 Customs, Exports and Imports
SpeedLink may perform any of the following activities on Shipper's behalf in order to provide its services to Shipper: (1) complete any documents, amend product or service codes, and pay any duties or taxes required under applicable laws and regulations, (2) act as Shipper's forwarding agent for customs and export control purposes and as Receiver solely for the purpose of designating a customs broker to perform customs clearance and entry and (3) redirect the Shipment to Receiver's import broker or other address upon request by any person who SpeedLink believes in its reasonable opinion to be authorised.
2 Unacceptable Shipments
Shipper agrees that its Shipment is acceptable for transportation and is deemed unacceptable if:
3 Deliveries & Undeliverables
Shipments cannot be delivered to PO boxes or postal codes. Shipments are delivered to the Receiver's address given by Shipper but not necessarily to the named Receiver personally. Shipments to addresses with a central receiving area will be delivered to that area. If Receiver refuses delivery or to pay for delivery, or the Shipment is deemed to unacceptable, or it has been undervalued for customs purposes, or Receiver cannot be reasonably identified or located, SpeedLink shall use reasonable efforts to return the Shipment to Shipper at Shipper's cost, failing which the Shipment may be released, disposed of or sold by SpeedLink without incurring any liability whatsoever to Shipper or anyone else, with the proceeds applied against service charges and related administrative costs and the balance of the proceeds of a sale to be returned to Shipper.
SpeedLink has the right to open and inspect a Shipment without prior notice to Shipper.
5 Shipment Charges & Billing
SpeedLink's Shipment charges are calculated according to best estimate of distance - or - the higher of actual or volumetric weight and any Shipment may be re-weighed and re-measured by SpeedLink to confirm this calculation, or price may be adjusted to reflect the actual mileage travelled to complete the Shipment. Shipper shall pay or reimburse SpeedLink for all Shipment charges, storage charges, duties and taxes owed for services provided by SpeedLink or incurred by SpeedLink on Shipper's or Receiver's or any third party's behalf and all claims, damages, fines and expenses incurred if the Shipment is deemed unacceptable for transport as described in Section 2. Shipper agrees that payment is due upon delivery. Account holders are billed weekly with payment due no later than 30 days from invoice date. Late payments may be subject to additional charges.
6 SpeedLink's Liability
SpeedLink contracts with Shipper on the basis that SpeedLink's liability is strictly limited to direct loss only and to the per kilo/Ib limits in this Section 6. All other types of loss or damage are excluded (including but not limited to lost profits, income, interest, future business), whether such loss or damage is special or indirect, and even if the risk of such loss or damage was brought to SpeedLink's attention before or after acceptance of the Shipment since special risks can be insured by Shipper. If a Shipment combines carriage by air, road or other mode of transport, it shall be presumed that any loss or damage occurred during the air period of such carriage unless proven otherwise. SpeedLink's liability in respect of any one Shipment transported, without prejudice to Sections 7-11, is limited to its actual cash value and shall not exceed the greater of:
$CAD 100 or:
$CAD 1.00/kilogram or
$CAD 0.50/lb for Shipments transported by air or other non-road mode of transportation; or
$CAD 1.00/kilogram or
$CAD 0.50/lb for Shipments transported by road.
Claims are limited to one claim per Shipment settlement of which will be full and final settlement for all loss or damage in connection therewith. If Shipper regards these limits as insufficient it must make a special declaration of value and request insurance as described in Section 8 (Shipment Insurance) or make its own insurance arrangements, failing which Shipper assumes all risks of loss or damage.
7 Time Limits for Claims
All claims must be submitted in writing to SpeedLink within seven (7) days from the date that SpeedLink accepted the Shipment, failing which SpeedLink shall have no liability whatsoever.
8 Shipment Insurance
SpeedLink can arrange insurance for Shipper covering the actual cash value in respect of loss of or physical damage to the Shipment, provided the Shipper completes the insurance section on the front of the waybill or requests it via SpeedLink's call centre and pays the applicable premium. Shipment insurance does not cover indirect loss or damage, or loss or damage caused by delays.
9 Delayed Shipments
SpeedLink will make every reasonable effort to deliver the Shipment according to SpeedLink's regular delivery schedules, but these are not guaranteed and do not form part of the contract. SpeedLink is not liable for any damages or loss caused by delays.
10 Circumstances beyond SpeedLink's control
SpeedLink is not liable for any loss or damage arising out of circumstances beyond SpeedLink's control. These include but are not limited to:- "Act of God" - e.g. earthquake, cyclone, storm, flood, fog; "Force Majeure" e.g. war, plane crash or embargo; any defect or characteristic related to the nature of the Shipment, even if known to SpeedLink; riot or civil commotion; any act or omission by a person not employed or contracted by SpeedLink e.g. Shipper, Receiver, third party, customs or other government official; industrial action; and electrical or magnetic damage to, or erasure of, electronic or photographic images, data or recordings.
11 Warsaw Convention
If the Shipment is transported by air and involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention, if applicable, governs and in most cases limits SpeedLink's liability for loss or damage.
12 Shipper's Warranties and Indemnity
Shipper shall indemnify and hold SpeedLink harmless for any loss or damage arising out of Shipper's failure to comply with any applicable laws or regulations and for Shipper's breach of the following warranties and representations:
Shipper agrees to all routing and diversion, including the possibility that the Shipment may be carried via intermediate stopping places.
14 Governing Law
Any dispute arising under or in any way connected with these Terms and Conditions shall be subject, for the benefit of SpeedLink, to the non-exclusive jurisdiction of the courts of, and governed by the law of, the country of origin of the Shipment and Shipper irrevocably submits to such jurisdiction, unless contrary to applicable law.
The invalidity or unenforceability of any provision shall not affect any other part of these Terms and Conditions.