TERMS & CONDITIONS

APPOINTMENT DELIVERIES: This charge will apply when an appointment delivery has been requested. Waiting time in excess of 10 minutes will be charged in accordance to the Waiting Time Surcharge. $25.00 per shipment.

9:00AM DELIVERY SERVICE: A charge of $20.75 per shipment will apply when a 9am delivery has been requested. Midland Courier will refund or credit the transportation charges to the payer, upon request, if Midland Courier delivers the shipment after 9:00AM on the scheduled delivery day subject to the following: 1) shipment destination must be a 9:00AM guaranteed delivery point. 2) the delay must not be caused by some event beyond the control of Midland Courier, including but not limited to, any act, default or omission of the shipper, owner, receiver or any party having an interest in the shipment, defects or inherent vice in the shipment, inadequate or incorrect markings or address information, acts of God, perils of the air, weather conditions, mechanical delays, disruption in air or ground transportation networks, acts of public enemies, quarantine, war, strikes or other labor disruptions, riots or civil commotions and acts of public authorities.

AIR BY 5:00PM SERVICE: Service is provided on specific lanes only with delivery to be completed by 5:00PM. Air stickers must be affixed to all packages prior to shipping and are the responsibility of the shipper.

DEFERRED AIR SERVICE: Service is provided on specific lanes only with delivery to be completed by 5:00PM. Air stickers must be affixed to all packages prior to shipping and are the responsibility of the shipper.

AVIATION INSURANCE-SECURITY SURCHARGE: Calculated at a percentage of shipment charges. Surcharge is subject to change and notification will be provided on our invoice statements

CHECK RETURN SERVICE: $16.00 per shipment
i) Waiver of Freight Charges / Limited Remedy: All related transportation charges will be waived if a shipment is delivered without collection of a cheque, a cheque is lost, damaged to such an extent that it is uncollectible, or is otherwise uncollectible owing to the fault or negligence of Midland Courier, its employees or agents. Subject to the Limitation of Liability below and to the waybill, such waiver shall be Midland Courier's sole obligation and the sole remedy available to the shipper or consignee from any cause whatsoever arising hereunder, including without limitation, from Midland Courier’s negligence or that of its agents or employees, the loss or damage to any cheque and failure to receive a Certified Cheque, Cash or Money Order when the shipper specified that such was to be accepted. Without limiting the foregoing, none of Midland Courier, its agents or employees shall in any event, including negligence, be liable for any special, indirect or consequential damages, including but not limited to lost profits, lost business revenue, or failure to realize expected savings, even if one or more of such persons has been informed of such possibility.

ii) Responsibility of Payment: The shipper will assume all responsibility for payments which are returned by the bank for any reason. Midland Courier shall have liability arising from the non-collectibility of any cheque. Where, through no fault of the carrier, the goods cannot be delivered, the carrier shall give notice to the consignor that the delivery has not been made, and shall request disposal instructions. Pending the receipt of such disposal instructions the goods may be stored in the warehouse of the carrier, subject to a $20.00 per day charge for storage after five (5) working days, or provided that the carrier has notified the consignor of his intention, the goods may be removed to and stored in a public or licensed warehouse at the expense of the consignor, without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.

iii) Limitation of Liability: If no declared value is shown on the waybill, the maximum liability of Midland Courier, its employees and agents arising from the carriage of the shipment, its loss, damage or destruction, the receipt of any cheque, the failure to receive a Certified Cheque, Cash or Money Order when such is specified by the shipper, or otherwise out of this contract is limited to $2.00 per pound regardless of the basis of the claim of the shipper or consignee. Pre-authorization by a local Midland Courier office is required for shipments exceeding $1000.00 valuation.

iv) Form of Payment: Payment is accepted in the form of a STANDARD CHEQUE ONLY, CASH, MONEY ORDERS OR CERTIFIED CHEQUES WILL NOT BE ACCEPTED UNDER ANY CIRCUMSTANCES. If, however, Midland Courier inadvertently accepts payment in a form other than a standard cheque. Midland Courier will not have any liability beyond that stated for a standard cheque.

v) Cheque Return shipments are only accepted to direct service points. Please contact customer service to confirm service availability. Exception No Cheque Return shipments accepted to MB, SK, AB and BC points.

C.O.D. REMITTANCE FEE: Calculated on the basis of 2.5% of the C.O.D. amount, minimum $20.75 per shipment. The C.O.D. fee will be charged to the party paying the shipping charges. C.O.D. shipments are only accepted to direct service points. Please contact customer service to confirm service availability. Exception No COD shipments accepted to MB, SK, AB and BC points.

NOTE: The C.O.D. amount must be collected in the form of cash, money order or a CERTIFIED cheque made payable to the Shipper, prior to the release of goods. (Personal or standard business cheques are not acceptable and C.O.D. amounts cannot be charged to a credit card.)

COLLECT SHIPMENT FEE: $8.50 per shipment. If a Collect shipment is refused by the consignee, the shipper is responsible for charges relating to the two-way movement of the freight. Collect shipments are only accepted to direct service points. Please contact customer service to confirm service availability. Exception No COD shipments accepted to MB, SK, AB and BC points.

CONTROLLED SHIPMENT SERVICE / “CHAIN OF SIGNATURE”: Charged at $15.50 per shipment. These shipments are only accepted to direct service points. Please contact customer service to confirm service availability. Exception No Controlled Shipment/"Chain of Signature" accepted to MB, SK, AB and BC points.

CUBIC MEASUREMENT: Shipments weighing less than 15 lbs. per cubic foot will be charged on the basis of 1 cubic foot = 15 lbs.

DANGEROUS GOODS: Shipments of goods regulated under Terms & Conditions of the Transportation of Dangerous Goods Act other than consumer goods are subject to a surcharge of $31.00 per shipment. Hazardous waste materials are not accepted. Dangerous Goods shipments are only accepted to direct service points. Please contact customer service to confirm service availability.

EXCLUSIVE USE OF VEHICLE: Charged at $60.00 per hour or part thereof.

FUEL SURCHARGE: In the event of unforeseen circumstances, rates may be subject to a fuel surcharge. Prior to implementation, notification will be provided on the invoice statements.

GROUND SHIPMENTS UPGRADED TO AIR SERVICE: A charge of $25.00 per shipment will apply for requests to retrieve ground shipments while in transit and upgrade to air service.
Exception – Ground service upgraded to Air service is not available to MB, SK, AB and BC points.

HEATED SERVICE SURCHARGE: Subject to 17.5% of the shipment charges, minimum $12.50 per shipment. Heated Service shipments are only accepted to direct service points. Please contact customer service to confirm service availability.

HYDRAULIC LIFT: A charge of $46.75 per shipment will apply when tailgate lift is required but only available to the points listed on the 9:00 am Service Points. Shipments to all other points will be subject to an hourly rate of $52.00 per hour, minimum 3 hours.

LIABILITY: The amount of any loss or damage shall not exceed $2.00 per pound (computed on the actual weight of the shipment) unless a higher value is declared on the face of the Waybill by the consignor. Midland will have no liability where, on an individual shipment basis, the claim amount is $50.00 or less. Products consisting of ceramics, glass, liquids, perishables, personal goods, porcelain or otherwise of a fragile nature are carried at the sole risk of the consignor. Such agreement covers only such risks as are necessarily incidental to transportation. All claims for loss, damage or delay shall be made by Customer in writing within sixty (60) days after delivery of the goods or, in the case of failure to make delivery, within nine (9) months from the date of shipment.

DELAY: Midland is not bound to transport the goods by any particular vehicle or in time for any particular market or otherwise other than due dispatch, unless specifically provided otherwise herein
PROOF OF DELIVERY: In no event shall Midland be liable to consignor, consignee, owner or any third party for any loss, damage or destruction of the goods where the consignee/owner has signed a Proof of Delivery indicating that the goods have been received in good order.
FORCE MAJEURE: Midland shall not be liable for loss, damage or delay to any of the goods caused by an act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor, owner or consignee, authority of law, quarantine or differences in weights of grain, seed or other commodities caused by natural shrinkage.
TERMS INCORPORTATED INTO CARRIER’S WAYBILL: In the event that the customer’s Waybill is used, the terms and conditions contained in this Rate and Service Agreement are incorporated by reference into the customer’s Waybill and in the event of any conflict or ambiguity between the terms and conditions of this Rate and Service Agreement and the terms and conditions of the customer’s Waybill, the terms and conditions of this Rate and Service Agreement shall take priority and govern. Without limiting the generality of the foregoing, the limitation of liability provisions contained in Sections 11 and 12 of this Rate and Service Agreement shall apply to all contracts of carriage between Midland and customer irrespective of which party’s Waybill is used and even if a Waybill is not used.
EXCLUSION OF CONSEQUENTIAL DAMAGES: Notwithstanding any term or condition of the customer’s Waybill, if any, to the contrary, in no event shall Midland be liable to customer, owner, consignor, consignee or any third party interested in the goods for any special, indirect, incidental or consequential losses or damages including, but not limited to, loss of profits, downtime costs, delay costs and costs of substitute equipment arising out of or relating in any way to the non-delivery, misdelivery, delay in delivery or late delivery of the goods or the loss, damage or destruction of the goods, howsoever caused, including, without limitation, the negligence, gross negligence or the fundamental breach of this contract by Midland, its servants or agents, whether or not Midland had knowledge that such losses or damages may be incurred.

METRIC CONVERSION: For purposes of calculating charges, shipments tendered in kilos will be converted to pounds and rated on a per pound basis.

NAV CANADA SURCHARGE: Calculated at 7.5% of shipment charges. Surcharge is subject to change upon notification from NAV Canada, a private sector company responsible for all air navigation services.

NON-CONVEYABLE SURCHARGE:A Non-Conveyable surcharge of $10.00 per shipment will be applied if any one piece of a shipment can not be placed safely on mechanical conveyor belts. Pieces that would normally be included by this designation are:

a) Non-Packaged Goods: Unboxed goods (excluding letters and packs, totes and document shipments) and/or items not fully encased in an appropriate shipping container including but not limited to tires, pails & shrink-wrapped items (skids not included).

b) Overlength Pieces: Items that equal to/or exceed five feet in length, and/or overall package size of 165 inches (length plus girth).

c) Discretionary/Fragile Items: Items which due to their size, shape, packaging, contents, etc., (including but not limited to liquids, glass, ceramics) that Midland Courier deems not suitable for sorting and/or handling using Midland Courier's conveyable sort.

This charge does not apply to items shipped on a skid and marked "Do Not Breakdown", which are assumed to not move on an automated conveyor (LTL shipments).

NON-PACKAGED GOODS: This charge will apply when shipping commodities that are bare and not enclosed by packaging. $11.00 per piece

NON-PRODUCTIVE PICKUP: Applies when a customer requested pickup is not available when Midland Courier arrives. $6.00 per shipment.

OVERSIZED LENGTHS: This charge will apply on shipments that exceed 96 inches in length. $13.00 per shipment.

PAYMENT TERMS: Invoices are payable within 21 days of the shipment date. Accounts are subject to an interest charge of 1.5% per month on any invoices exceeding 30 days.

PERSONAL GOODS: "Personal Goods" are prohibited items and therefore Midland Courier accepts no liability for damages or shortages reported in transit, at time of delivery or beyond. The shipper will hold Midland Courier, any of its employees or agents harmless and further agrees to defend it from any claims filed by the shipper or any other party who wishes to submit a claim against the said shipment.

PRIVATE RESIDENCE DELIVERY: $11.00 per shipment.

PROOF OF DELIVERY: This charge will apply when a copy of the Proof of Delivery is requested and an electronic Proof of delivery is available through request on our web site (www.midlandcourier.com). $8.00 per shipment.

RE-DELIVERY/RECONSIGNMENT CHARGE: Second and subsequent delivery attempts will be charged at $13.00 per shipment. This includes ALL redirects, reroutes and re-deliveries.

RE-WEIGHT/RE-CUBE OF SHIPMENTS: Midland Courier reserves the right to verify the weight and/or the cubic dimensions of all shipments. Shipment weights are rounded up to the next whole pound or kilogram. Freight charges will be calculated on the verified weight and/or verified cubic dimensions. In the event the customer fails to declare a weight on the Bill of Lading and Midland Courier does not reweigh the shipment, Midland Courier reserves the right to ascribe to any such shipment an average shipment weight. The customer acknowledges that charges based on the weight determined or ascribed by Midland Courier shall be levied and agrees to pay same.

SHIPMENT RESTRICTIONS: The maximum weight of any single package must not exceed 150 lbs. (68 kgs). The maximum size of any package must not exceed 130” (330 cm) in length and girth combined, or part thereof.

STORAGE: This charge will apply per day or part thereof $10.00 per skid per day -- $20.00 minimum

VALUATION CHARGE: Declared values in excess of $100.00 are subject to a valuation charge of $3.00 per $100.00 or part thereof. If the declared value exceeds $999.99, preauthorization by your local Midland Courier office is required.

WAITING TIME: This charge will apply after the first 10 minutes of free time have elapsed. The charge will be applied for every 30 minutes or part thereof. $32.00 per 30 minutes.

WEEKEND/AFTER HOURS DELIVERY CHARGE: Where available, the rate is $62.50 per hour, minimum charge of $105.00 per shipment. Prior arrangements must be made with your local Midland Courier branch.

WAYBILL CHANGES - ADDRESS CORRECTION, PAYMENT TERMS, COD TERMS, DECLARED VALUE, SHIPPING WEIGHT: This charge will apply when the required information is missing or incorrect. $8.00 per change.

SPECIAL RATES AVAILABLE FOR VOLUME SHIPPERS.

TRANSPORTATION CHARGES WITHIN CANADA ARE SUBJECT TO GST/HST: GST Registration # R103683181

QUEBEC SALES TAX: Shipments between Quebec service points are subject to Quebec Sales Tax. QST Registration #1001697711TV0002SY.

RATES SUBJECT TO CHANGE WITHOUT NOTICE.

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