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A.M. Delivery Terms & Conditions
These Terms and Conditions apply to the
provision of all A.M. Delivery services when shipping between points in Saskatchewan.
In the event of any conflict or inconsistency between these Terms and
Conditions and any other written or oral statement these Terms and Conditions
shall govern. These Terms and Conditions together with the applicable waybill constitute
the entire agreement with respect to A.M. Delivery services and set out all
covenants, promises, warranties, representations, conditions, understandings,
and agreements with respect to A.M. Delivery services, and supersede all
previous terms and conditions and any other prior documentation concerning A.M
Delivery services. A.M. Delivery reserves the right from time to time to
unilaterally modify, amend, or change these Terms and Conditions without
notice.
1.
Services
A.M.
Delivery agrees to provide, at A.M. Delivery’s specified rates, courier
services in accordance with the terms and conditions set out in these Terms and
Conditions. A.M. Delivery does not deliver to P.O. Boxes, rural land locations
and/ or fire routes. A.M. Delivery services available include in town, in area,
out of area as per the website.
2.
Service Guarantees
A.M. Delivery does not guarantee same day
or next day delivery except to guarantee that it will get there in a timely
manner
3.
Domestic Accessorial
An additional charge will be applied as per
the A.M. Delivery rates in effect at the time of shipping for the following
cases.
Address Correction
Weight Correction
Dangerous Goods
Cash collect (COD)
Fuel Surcharge
A.M.
Delivery reserves the right to apply a fuel surcharge on all shipments
regardless of destination and service selected.
The duration and amount of any surcharge will be determined at our sole
discretion. By tendering your shipments
to A.M. Delivery, you agree to pay all applicable surcharges as deemed by A.M.
Delivery. Information on the fuel
surcharge rates will be posted on amdelivery.net.
No Pick (pickup not available)
A fee will apply when a driver arrives at
the shippers address after a requested or scheduled pickup is not cancelled,
ready or available.
Non Standard Shipment
When
applicable a Non-Standard shipment surcharge fee will apply for the following
instances; Overweight - Any package or article equal to or greater than 75
pounds (34 kilograms) in weight (determined by the greater of the actual, cubed
or declared weight) Oversize - Any package or article which measures greater
than or equal to 96 inches (154 centimeters) in length. The Overweight fee will not be charged in
combination with an Oversize fee.
Repeat Delivery Attempt
If A.M.
Delivery is unable to deliver a shipment on the first attempt, a notice will be
left at the Receivers delivery address stating that a delivery attempt was
made.
Saturday Delivery
For select A.M. Delivery services and
select destinations this optional Saturday delivery service is available at an
extra charge above regular delivery rates.
The Saturday delivery option is limited to the City of Swift Current.
Arrangements must be made with the office before hand and indicated on the
waybill at the origin pickup location.
The applicable fuel surcharge in effect at the time of the shipping will
also apply to this service.
Shipment Value Protection
If a
shipper declares the value of a shipment exceeding $2,500 to a maximum of
$5,000 then a pre-authorization must be obtained from A.M. Delivery prior to
shipping. Product is subject to
inspection with a high value declaration at A.M. Delivery’s discretion. If no value is declared the coverage is
limited to $100.00. If there is a claim on a damaged item, the item becomes the
property of A.M. Delivery when the value is paid to the claimant. Insufficient
packaging (at A.M. Delivery’s discretion) will cause the shipment to be sent at
owner’s risk of damage and no coverage will be applied.
Claims for
Loss or Damage to Shipments
A.M. Delivery will not process any claim
for loss of or damage to any Shipment unless notice thereof setting out the
particulars of the origin, destination, parcel identification number (PIN),
date of Shipment and the estimated amount claimed in respect of such loss or
damage is given to A.M. Delivery in writing within 7 days of delivery, failing
which A.M. Delivery will have no liability in respect of the Shipment; however,
where the Convention applies, different time limits may be applicable. A.M.
Delivery may also require supporting documentation to assess a claim. Such
documentation may include original purchase invoices, appraisals, estimates for
repair, or other records. Failure to submit the necessary supporting
documentation (at A.M. Delivery’s sole discretion) may result in the claim
being denied.
4.
Limitation of Liability
A.M.
Delivery shall not be liable for any special, indirect, incidental,
consequential or punitive damages including but not limited to, loss of income,
profits, interests, utility or loss of market incurred by Shipper, Receiver or
Third Party (or any other person or company) as a result of A.M. Delivery’s (or A.M. Delivery’s agents or independent
contractors) acts or omissions, including but not limited to gross negligence,
negligence causing damage, failure to deliver, loss or theft of or damage to
the shipment, or late or delayed shipment.
If a
Shipper, Receiver or Third Party has an extremely time sensitive package, the
loss or delay of which may result in consequential damages, the shipper must
contact his own insurance agent or broker to insure against such risks, as A.M.
Delivery does not assume such liabilities. A.M. Delivery does not provide and
will not arrange for such insurance.
5.
Terms of Payment
Customers shall pay A.M. Delivery within 30
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 2% per month shall accrue
and be payable to A.M. Delivery, on all outstanding amounts.
Sales Tax: The customer will pay A.M.
Delivery any and all applicable sales taxes as required by law. GST/HST Registration Number – 839125820RT0001
Method of Payment
A.M. Delivery has a machine to process
debit or credit card payments. Acceptable methods of payment include Visa,
Mastercard, Interac Debit, E-Transfer,
Cheque- payable to A.M. Delivery or
cash. Only Credit cards and
not debit can be accepted for payment of UPS shipments where the
information is sent to them and they process the payment in their respective
facilities.
Invoice Adjustments
Invoice and billing discrepancies must be
brought to the attention of A.M. Delivery within thirty (30) days from the
invoice date. After such time any
billing dispute is waived and deemed accepted by the customer.
Shipper Payment Guarantee
The shipper shall pay A.M. Delivery all
shipping charges including all accessorial, taxes and fuel charges, in the
event that the receiver, on a collect shipment or third party shipment refuses
to pay A.M. Delivery, when a shipment is undeliverable (including when the
receiver is unable to accept delivery of the shipment for any reason), the
shipper shall pay all the charges incurred in the delivery and the return of
the shipment to the shipper (including all Taxes and Surcharges). In the event
that a collect shipment is sent to a receiver who does not have an account with
A.M. Delivery and prior arrangements have not been made for a cash collect on
delivery, charges will automatically revert back to the shipper.
6.
Right to Refuse Shipments
A.M. Delivery reserves the right to refuse
to accept (in whole or in part) any shipment which A.M. Delivery and its drivers
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. A.M. Delivery
reserves the right to refuse service in its sole discretion any shipment that
may soil, taint or otherwise damage other merchandise or equipment, or which is
economically or operationally impractical to transport, or which is improperly
prepared, packaged or wrapped for transport. A.M. Delivery reserves the right
to refuse to provide service when the account of the person or entity
responsible for payment is not in good standing.
7.
Volumetric Weight Calculation
To
calculate the cubed imperial weight for all shipments, use: L x W x H (in inches)
/ 1,728 (1 cubic foot) x 10* (cubing factor in LBS) = volumetric weight in
pounds.
8.
Reweighing of Shipments
At any time during the transport and
notwithstanding that a weight may be declared on the waybill, A.M. Delivery 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. A.M.
Delivery may in sole discretion, increase or adjust charges based on the
results of a reweigh or cube assessment.
If the shipment weight is not declared on the waybill, A.M. Delivery
will enter a weight at their discretion and charge for weight adjustment
9.
Dangerous Goods
A.M.
Delivery will accept for shipment certain classes of Dangerous Goods subject to
compliance with all applicable legislation, including the Transportation of
Dangerous Goods Act. A.M. Delivery will
only accept dangerous goods for shipment that are properly packaged to ensure
safe transportation in accordance with all applicable laws and all required
paperwork is provided. An additional
charge will be applied to each Dangerous Goods shipment as per the A.M.
Delivery rates in effect at time of shipping. A.M. Delivery may change its
policies in connection with Dangerous Goods without notice.
Tendering
Dangerous Goods shipments:
• Shipper must know the appropriate
classification
• Proper packaging in accordance with
applicable laws
• Proper marking and labeling of each piece
in accordance with applicable laws
• Appropriate documentation/training where
applicable to perform any activities related to dangerous goods in accordance
with applicable laws
10.
Inspection of Shipments
Without notice, A.M. Delivery 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.
11.
Shipment Value Protection
Declared
value for carriage is required by A.M. Delivery 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 A.M. Delivery’s maximum liability in
connection with a shipment 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 $5,000 and any value declared in excess of same
will be deemed to be invalid. The
shipment value must be declared on the waybill at the time of pickup. All
shipments with a declared value exceeding $2,500 must have prior arrangements
made with A.M. Delivery. Additional charges will apply.
12.
Shipper’s Risk
Shipments containing glass, liquids,
ceramics, items requiring temperature control, privately packaged, perishable
items including flowers, personal items, human remains, or undisclosed prohibited
items accepted by A.M. Delivery will travel at the shipper’s risk on a no-value
basis and A.M. Delivery’s maximum liability cannot be increased by the customer
(even if a higher value has been declared on the waybill).
13. No Liability
A.M. Delivery assumes no liability for any
loss, damage or delay due to improper packing or marking of shipments.
14.
Circumstances beyond A.M. Delivery’s Control
A.M. Delivery is not liable if a shipment
is lost, damaged, delayed, misdelivered or fails to deliver because of
circumstances beyond A.M. Delivery’s control.
Including and without limitation to, any act, default or omission of the
Shipper, owner, receiver or any party having an interest in the shipment,
defects to do with the nature of the shipment, incorrect or inadequate
packaging or markings or address even if known to us when we accepted it, Act
of God” (e.g. earthquake, cyclone, storm, flood), “Force majeure” (e.g. war, terrorism, zombie apocalypse),
Disruptions in ground transportation, Civil unrest, Disruption or failure of
communication and information systems. A.M.
Delivery is also not liable for electrical or magnetic damage to, or erasure
of, electronic or photographic images or recordings.
15.
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 A.M.
Delivery, and that the shipment is properly marked, addressed and packaged in
accordance with these Terms and Conditions and all applicable laws (including,
without limitation, Dangerous Goods legislation and IATA and ICAO
regulations). The shipper indemnifies A.M.
Delivery for any and all claims arising out of the shipper’s breach of such
warranty.
16.
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 nonexclusive
jurisdiction of the courts of such jurisdiction, unless contrary to applicable
law.
17.
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, be 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.
18.
Future Changes
A.M.
Delivery reserves the right to unilaterally modify or amend any portion of the A.M.
Delivery Rates or Terms and Conditions at any time without prior notice.
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