STANDARD TRADING TERMS AND CONDITIONS
Wersen International, doing business as Wersen International Freight Services, (the "Company") will accept business from the Customer and the Customer (ie. the party to whom the Company has addressed a rate quotation and who has agreed to pay brokerage charges) agrees to do business with the Company subject to the following terms and conditions which no agent or employee of the Company has the authority to alter or vary. Attention is specifically drawn to clauses hereof which exclude or limit the Company's liability:
- The Company in performing its services as a freight broker acts strictly as an agent and assumes no liability whatsoever as a carrier of goods, depositary or bailee. The Company undertakes only to use reasonable care in the selection of the carriers or others to whom it may entrust the goods for transportation, handling and/or storage. It is therefore understood and agreed that the Company will not be liable or held responsible for any loss of or damage to any goods, even though such loss or damage may be caused by the Company's negligence, omission, want of care or breach of contract. Without limiting the generality of the foregoing, the Company shall be under no liability whatsoever, howsoever arising and whether in respect of or in connection with the goods or any instructions, advice, information or services or otherwise.
- If, notwithstanding the provisions of clause 1, the Company is held or considered to be a carrier of the goods, its liability for any loss or damage shall be governed by the provisions contained in any international convention or national, domestic or local legislation or regulation which provisions would have applied if the shipper, consignee or owner of the goods had made a separate and direct contract with the Company in respect of the carriage and/or storage of the goods and had received as evidence of such contract any particular document which must be issued in order to make such international convention or national, domestic or local legislation or regulation applicable and (ii) MFS shall have the benefit of all rights, limitations, exclusions and immunities contained in the provisions of that contract in addition to, but not limited to, the standard terms and conditions herein;
- The Company shall have complete discretion to derogate from any instructions received from the shipper, consignee or owner of the goods where it considers it reasonable to do so and the Company shall incur no liability by reason of such derogation.
- All rate quotations are given on the basis of immediate acceptance and are subject to withdrawal or revision. Unless otherwise agreed in writing, the Company shall be, after acceptance, at liberty to revise quotations or charges, with or without notice, in the event of changes outside the Company's control, including, without limitation, changes in currency exchange rates, freight rates, insurance or any charge in connection with the goods.
- Goods forwarded on a COD basis are accepted by the Company strictly on the condition that it will not be responsible for any act, omission, default, insolvency, negligence, delay, want of care or failure to collect on whomsoever's part. When shipments are accepted or dealt with upon instructions to collect freight, duties, charges or other expenses from the consignee or any other person, the shipper and/or owner of the goods shall together remain responsible for said charges if they are not paid by such consignee or other person immediately when due.
- The Customer guarantees the exactness and veracity of all information that it, the shipper, consignee or the owner of the goods may have given pertaining to any goods and agrees to inform the Company in writing with respect to any goods which are liable to contaminate or otherwise affect freight or which may be susceptible to infestation by vermin or insects or is of a dangerous, inflammable, radioactive or damaging nature. If such goods are consigned to the Company without such notice or if in the opinion of the Company the goods become dangerous, inflammable or of a damaging nature, the same may at any time be destroyed, disposed of, abandoned or otherwise rendered harmless without prejudice to the Company' s rights to brokerage and other charges thereon.
- The Customer, whether or not aware of the nature of the goods, shall be liable to the Company for all loss, damage or liability caused to or incurred by the Company as a result of such consignment.
- The Customer guarantees that all goods entrusted to the Company have been correctly handled and lawfully packaged and labeled and are suitable for storage and carriage and that the foregoing has been done in a way that meets the specific requirements of the goods.
- The Company shall not in any event be liable in respect of any claim whatsoever unless made in writing and received by the Company within seven days from delivery of the goods or within seven days from the date on which the goods should have been delivered and failure to file such notice as aforesaid shall result in the Company's being discharged of all liability in respect of such claim.
- The Company accepts no responsibility for departure or arrival dates for goods which dates are not guaranteed. If the Company is held liable in respect of any delay, consequential loss or other like claim or demand, the amount of such liability shall not exceed $50 per package.
- The Company shall be discharged of all liability whatsoever and howsoever arising in respect of any brokerage services unless suit be brought within nine months of the date of any event or occurrence alleged to give a cause of action against the Company.
- No insurance on the goods shall be effected except upon written instructions and all such insurance shall be subject to the usual exceptions and conditions of the policy of the underwriters at risk. The Company shall in no circumstances incur liability as an insurer and if for any reason the underwriters dispute liability or deny coverage, the Customer, owner or other party having an interest in the goods shall have recourse exclusively against the underwriters at risk.
- The Company will not accept or deal with bullion, coin, precious stones, jewellery, valuables, antiques, pictures, human remains, livestock, plants or other valuable commodities. Should such goods nevertheless be delivered to the Company or should the Company come to handle or deal with any such goods otherwise than under special arrangements, the Company shall be under no liability whatsoever for or in connection with such goods, howsoever arising.
- Without prejudice to or limitation of the generality of any other provision herein set forth, should the Company be held liable whether as an agent or broker or otherwise in respect of any loss, damage or misdelivery of the goods, its liability shall under no circumstances exceed $50 (Canadian currency) per package.
- The Customer, shipper, consignee or owner of the goods, as the case may be, shall promptly load and unload containers, including trailers, and/or other transport equipment, placed at its disposal for the voyage by the carrier retained by the Company for or on its behalf and the Customer, shipper, consignee or owner, as the case may be, shall be solely responsible for delay and detention of the containers or trailers as aforesaid in loading and unloading and/or for clearance and/or inspection of the goods by customs or other government authorities.
- 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, counter-claim or set off. Despite the acceptance by the Company of instructions to collect freight duties, charges or other expenses from the consignee or any other person, the Customer, shipper and owner of the goods shall remain responsible for such freight, duties, charges or expenses.
- All goods (and documents relating to goods) shall be subject to a particular and general lien and right of detention for monies due either in respect of such goods or for any other particular or general balance or other monies due from the Customer or the shipper, consignee or owner of the goods to the Company. If any monies due to the Company are not paid within one calendar month after notice has been given to the person from whom the monies are due that such goods are being detained, they may be sold by auction or otherwise at the sole discretion of the Company and at the expense of such person, and the proceeds applied in and towards satisfaction of such indebtedness and the Company will not be liable for any deficiencies or reduction in value received on the sale of the goods nor will the Customer, shipper, consignee or owner of the goods be relieved from the liability to pay brokerage charges because the goods have been sold.
- These conditions shall be governed by the law of the Province of Ontario and by accepting the services provided under these conditions, the Customer, shipper, consignee and owner of the goods irrevocably attorn to the jurisdiction of the courts of that province.