Privacy Policy
STANDARD TRADING CONDITIONS
1. ROLE OF HITEK LOGISTIC (the “COMPANY”)
The Company includes any employee, agent or independent contractor engaged by the Company to perform any transport or related service for the Customers goods (the “Customer”).
The Company offers its services on the basis of these conditions that apply to all activities of the Company in arranging transportation or providing related services, such as, but not limited to, warehousing and any other kind of logistics services. The Company may provide its services as either principal or agent. The Company acts as agent of the Customer, except
i. where it issues a transport document or electronic record evidencing its obligation for the delivery of goods, or
ii. to the extent it physically handles goods by its own employees and equipment in the course of performing any service in which cases it acts as principal,
but whether acting as principal (mandator) or as agent (mandatary) these conditions govern the rights and liabilities of the Customer and the Company. Notwithstanding the foregoing, advice and information that is not related to instructions accepted by the Company is provided gratuitously and without liability of any kind, including for negligence. Advice is for the Customer only and is not to be furnished to any other party without prior written consent.
2. ROLE AS AGENT
When acting as an agent, the Company acts solely on behalf of the Customer in engaging the services of third parties on the usual terms and conditions on which the third parties offer such services for the carriage, storage, packing or handling of any goods, or for any other service in relation to them, thereby establishing a direct contract between the Customer and the provider of such services capable of being enforced by the Customer as principal, whether or not the Customer is identified in the contract. The Company shall on demand by the Customer provide evidence of any contracts made on its behalf.
For purposes of this clause the Company acts as agent for all such persons who may ratify such agency at any subsequent time.
3. OTHER SERVICES AND/OR ROLE AS PRINCIPAL
Where requested by the Customer the Company may
i. issue a transport document or electronic record by which it as principal undertakes carriage of particular goods; or
ii. undertake in writing proper performance of the terms of any contract between the Customer and a third party whose services the Company has engaged on behalf of the Customer. The Company is liable only to the same extent as the third party whose actions have been undertaken, as may be limited by the conditions on which that party customarily offers its services.
Where it issues a transport document or electronic record, or provides an undertaking, the rights and obligations of the Company will be governed by the special conditions therein in addition to these Conditions. In the event of any inconsistency the special conditions prevail.
4. SERVICES REQUIRING SPECIAL ARRANGEMENTS
The Customer must give instructions in writing to the Company a reasonable time before the tender of goods for storage or transport where it requests the Company to:
i. arrange for the departure or arrival of goods before specific dates;
ii. arrange for goods to be carried, stored or handled separately from other goods;
iii. arrange for the transport of goods that may taint or affect other goods, or may harbour or encourage vermin or pests;.
iv. make a declaration of value or special interest in delivery to any carrier or terminal;
v. instruct carriers or delivery agents to hold goods until payment of any amount or until surrender of a document;
vi. arrange for the transport of goods of unusual high value, luxury goods, currency, negotiable Instruments or securities of any kind, precious metals or stones; antiques or art; human remains, livestock or plants, or any other comparable cargos.
Where for any reason it does not accept such instructions, the Company must promptly so advise the Customer by any means of communication used in the ordinary course of business. If it continues to use the Company’s services for the contemplated transport, the Customer assumes all risks connected with the non-performance of such instructions, whether caused or contributed to by the Company’s negligence or not.
5. THE COMPANY'S GENERAL RESPONSIBILITIES
1. The Company shall exercise reasonable care in the discharge of its obligations including the selection and instruction of third parties that provide any services engaged on behalf of the Customer.
2. The Company shall arrange transport and any related services within a reasonable time after receiving the Customer’s instructions.
3. If it has reasonable grounds for departing from any of the Customer’s instructions, the Company may do so without prior authorization from the Customer, but must act with due regard to the interests of the Customer, and, as soon as possible, inform the Customer of its actions and any additional charges resulting therefrom.
6. CUSTOMER'S GENERAL RESPONSIBILITIES
1. The Customer shall be deemed to be competent and to have reasonable knowledge of matters affecting the conduct of its business, including terms of purchase and sale, the risks involved in the transportation of its Goods and need for insurance and the extent of coverage available for the type of goods being tendered for shipment, the need for care to avoid viruses by electronic communications, the need for confidential handling of information relating to high value goods, and all other matters relating thereto.
2. The Customer warrants that all information in whatever form relating to the general and dangerous character of the Goods, their description, Bar-Coding, marks, number, weight, volume and quantity of the Goods, as furnished by the Customer or on its behalf, was accurate and complete at the time the Goods were taken in charge by the Company or any third party whose services it has engaged. The Customer further undertakes to provide independent confirmation of such particulars on the request of the Company.
7. CUSTOMER'S RESPONSIBILITY FOR PACKAGED AND CONTAINERIZED GOODS
1. Except where the Company has accepted instructions in respect of the preparation, packing, stowage, labeling or marking of the goods, the Customer warrants that all goods have been properly and sufficiently prepared, packed, stowed, labeled and/or marked, and that the preparation, packing, stowage, labeling and marking are appropriate to any operations or transactions affecting the goods and the characteristics of the goods.
2. Unless the Company has accepted instructions to arrange for or to perform the loading of a transport unit by its employees, the Customer warrants that:
i. the transport unit has been properly and competently loaded;
ii. the goods are suitable for carriage in or on the transport unit; and
iii. the transport unit is in a suitable condition to carry the goods loaded therein (save to such extent as the Company has approved the suitability of the transport unit).
8. SHIPMENT INVOLVING COLLECTION OF FREIGHT AND OTHER CHARGES
When goods are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the Consignee or any other person the Customer shall remain responsible for the same if they are not paid by such Consignee or other person immediately when due.
9. QUOTATIONS AND INVOICING
Quotations are given on the basis of immediate acceptance and are subject to withdrawal or revision. Unless otherwise provided by the Company in the quotation, the Company may revise quotations or charges upon notice in the event of changes imposed on the Company for which the Company has no control. Such changes include but are not limited to exchange rates, freight rates, carrier surcharges and any other charges and/or surcharges imposed in the industry applicable to the Customer’s goods.
10. CHANGED CIRCUMSTANCES/FAILURE TO TAKE DELIVERY
If events or circumstances, including a Customer’s failure to take delivery, occur that affect performance of the Customer’s mandate, the Company shall take reasonable steps to obtain the Customer’s further instructions. If for whatever reason it does not receive timely instructions, the Company may i. store the goods at the sole risk and expense of the Customer, or ii. sell the goods immediately and without further notice, and hold any net proceeds for the account of the Customer or iii. authorize any third party to abandon carriage and make the Goods or any part of them available to the Customer at a place that is reasonable in the circumstances.
i. store the goods at the sole risk and expense of the Customer, or
ii. sell the goods immediately and without further notice, and hold any net proceeds for the account of the Customer or
iii. authorize any third party to abandon carriage and make the Goods or any part of them available to the Customer at a place that is reasonable in the circumstances.
11. DANGEROUS GOODS
The Company has no obligation to provide services for the transportation, storage, and handling of any dangerous goods. The Customer will provide the Company will all pertinent information including but not limited to the nature of the goods, the packaging involved etc relevant to the dangerous goods. Based on the information provided, the Company will advise the Customer if it undertakes to provide the requested services.
If services are provided by the Company, then the Customer undertakes to package, label, mark and make available the dangerous goods in compliance with any and all laws or regulations governing the transportation, storage, and handling of the dangerous goods.
If the Customer fails to comply with any and all applicable laws or regulations, the Customer shall hold harmless and indemnify the Company against all loss, damage or expense resulting from such failure including but not limited those arising out of the goods being tendered for transportation or handled or carried by or on behalf of third parties hired by the Company.
12. INSURANCE
The Customer is deemed to understand the risks involved with the transportation of its goods and as such, the Customer must give the Company instructions in writing to arrange insurance on its goods a reasonable time before the tender of goods for storage or transport. The Company may carry out these instructions by declaring the value of the goods under an open marine cargo policy taken out by the Company, and, upon request, provide a certificate or declaration of insurance, or other evidence of insurance. The coverage on goods so declared is subject to the terms and conditions of the policy. The Company is not liable if the Customer for any reason whatsoever fails to recover a loss in whole or in part from the insurer under the policy, even though the premium charged by the insurer is different from the Company’s charges to the Customer.
If coverage under its open marine cargo policy is not satisfactory, the Company will recommend an insurance broker to arrange insurance appropriate to the customer’s needs. After making this recommendation, the Company has no further duty regarding insurance, and no liability for loss of or damage to the goods during transport or storage that could have been covered by insurance on the goods, whether such loss or damage has been caused or contributed to by its negligence or breach of these conditions, or otherwise.
If Customer fails to provide written instructions to the Company to arrange insurance on its goods and should the goods be lost or damaged in the course of the services provided by the Company and beyond the control of the Company, the Customer shall have no right to claim upon the Company and furthermore has no right to deduct any amount from the freight charges and/or other charges due to the Company.
13. NOTIFICATION OF CLAIMS
In the event that the Customer’s goods are insured by a coverage provided by the Company as per Clause 12, Insurance, then in case of loss of and/or damage to goods, the Customer on its own behalf and on behalf of the owner of the goods shall notify the Company in writing within three (3) days of the receipt of the goods.
For goods not insured by a coverage provided by the Company as per Clause 12, Insurance, the Customer on its own behalf and on behalf of the owner of the goods shall notify the Company in writing of any claim
i. in case of loss and/or damage to goods within 30 days of the completion of transit,
ii.in case of delay in delivery or non-delivery within 30 days of the date when the goods should have been delivered,
iii.in any other case within 60 days of the event giving rise to the claim.
If a claim was not discoverable by the exercise of reasonable care within the applicable time period, the Customer must give notice forthwith after receiving information as to events that may give rise to a claim. Failing notice as required by this clause, the claim is barred and no action can be brought against the Company to enforce the claim.
14. LIMITATION OF LIABILITY
Compensation for any claim for which the Company may potentially be liable shall not in any event exceed:
i. 2 SDR (SDR = Special Drawing Rights) per kilo of the gross weight of the goods that are the subject of the claim;
ii. 666.67 SDR per enumerated package of goods that are subject of the claim and only with respect to ocean shipments for which an ocean bill of lading is issued;
iii. CAD 2 per lb. (CAD 4.41 per kilo) of the gross weight of the goods that are the subject of the claim with respect to domestic (North American) shipments;
iv. 50,000 SDR per transaction;
whichever is less, unless a higher limitation of liability is imposed by law then that higher limitation of liability shall apply.
Without prejudice to any other conditions herein or other defenses (such as but not limited to Force Majeure) available to the Company, in no circumstances whatsoever shall the Company be liable to the Customer or owner of the cargo for any consequential, indirect loss such as but not limited to losses arising from delay and/or loss of market and/or market value.
Upon the Customer’s written request, the Company may accept liability in excess of these limits provided the Customer pays the Company’s additional charges for such increased liability. The Customer can obtain details of these charges from the Company.
15. INDEMNITY
The Customer shall indemnify the Company against all duties, taxes, payments, fines, expenses, losses, claims and liabilities, including any liability to indemnify any other person against claims made against such other person by the Customer or by any other third party
i. for which the Company may be held responsible unless and solely to the extent caused or contributed to by any negligence or breach of duty of the Company, or
ii. in excess of the liability of the Company in accordance with these Conditions, resulting from or connected with the actions of the Company related to any service to which these Conditions apply.
16. SET OFF COUNTERCLAIM
The Customer shall pay to the Company in cash, or as otherwise agreed, all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set off.
17. RIGHT OF DETENTION AND LIEN
All goods (and documents relating to goods) shall be subject to a particular and general lien and right of detention for monies owing either in respect of such goods, or for any particular or general balance or other monies owed, whether then due or not, by the Customer, sender, consignee or owner of the goods to the Company. If these monies remain unpaid for 28 days after the Company sends notice of the exercise of its rights to these persons by any means of communication reasonable in the circumstances, the goods may be sold by private contract or otherwise at the sole discretion of the Company, and the net proceeds applied on account of the monies owing. The Company will not be liable for any deficiencies or reduction in value received on the sale of the goods nor, will the Customer be relieved from the liability merely because the goods have been sold.
18. TIME BAR
The Company shall, unless otherwise expressly agreed, be discharged of all liability under these Conditions unless suit is brought within 12 months from
i. the date of delivery of the Goods for claims to damage to goods, or
ii. the date when the Goods should have been delivered for claims for delay in delivery or loss of goods.
With respect to loss or damage other than loss of or damage to the Goods, the 12 months period shall be counted from the time when the act or omission of the Company giving rise to the claim occurred.
19. FORCE MAJEURE
The Company shall be relieved of any and all liability for any loss or damage if, and to the extent that, such loss or damage is the result of an event or circumstance (a “force majeure” event) that prevents the Company from performing one or more of its contractual obligations to the extent that the Company is affected by an impediment which is beyond its reasonable control, such impediment could not reasonably have been foreseen and could not reasonably been avoided or overcome by the Company acting in a commercially reasonable manner. The following events shall be presumed to be a “force majeure” event: a) war (whether declared or not), hostilities, invasion, acts of foreign enemies, extensive military mobilization; b) civil war, riot, rebellion and revolution, military or usurped power, insurrection, acts of terrorism, sabotage or piracy; c) currency and trade restriction, blockade, embargo, sanction; d) act of government authority whether lawful or unlawful, compliance with any law or governmental order, expropriation, seizure of works, requisition, nationalization; e) plague, epidemic, pandemic, natural disaster, extreme natural event, extreme weather event, nuclear, chemical or biological contamination; f) explosion, fire, destruction of equipment, prolonged break-down of transport, telecommunication, information system or energy; g) general labour disturbance such as boycott, strike and lock-out, go-slow, occupation of factories and premises; or h) any other event or circumstance beyond the Company’s control. In the event of such circumstances the Company is entitled to modify its services, procedures, rates, prices, and surcharges as in the Company’s reasonable discretion are considered necessary, and the Company is entitled to full remuneration and indemnity for any charges so incurred or applied.
20. APPLICABLE LAW AND JURISDICTION
The Parties agree that where they have used electronic communications to transact in whole or in part any business such communications will be given legal effect in accordance with the provisions (so far as they may be applicable) of the Uniform Electronic Commerce Act as approved by the Uniform Law Conference of Canada. Otherwise these Conditions shall be governed by the law of the Province of Quebec.
By accepting the services provided under these Conditions, the Customer irrevocably attorns to the exclusive jurisdiction of the Courts of the Province of Quebec.
