Definitions

 

The following definitions apply to the terms and conditions set out below that govern the contract of carriage and other services between you and us.

      a)  “Envirodel Zero Emissions Courier” means Envirodel Zero Emissions Courier and any of its subsidiaries and affiliates;

      b)  "you" and “your" means the sender, consignor or consignee of the shipment, holder of a consignment note, receiver and owner of the contents of the shipment, any other party having a legal interest in those contents or any party having an interest in the performance of other services;

      c)  "carriage" means and includes the whole of the operations and services undertaken by us in connection with the transportation of the shipment;       

      d)  “contactless delivery” means the delivery of a shipment at the designated address or location in which the recipient of the shipment does not come into contact with the courier.

      e)  "shipment" means goods or documents of whatever nature (whether in bulk or in one or more packages) which we have accepted for carriage from one address to another or regarding which we have accepted to perform other services, whether under our consignment note or not;        

      f)  "prohibited items" means any goods or materials the carriage of which is prohibited by law or regulations of any federal, state, provincial, or local government in the origin or destination countries.

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Acceptance

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By placing an order with Envirodel Zero Emissions Courier for pick-up and/or delivery, you agree to all of the terms and conditions stated herein.

 

Applicable Law

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The laws of the province of Manitoba will govern these disclaimers, terms and conditions, without regard to any conflict of law provisions. You also agree and submit to the exclusive jurisdiction and venue of the courts of the province of Manitoba and acknowledge that you do so voluntarily.

 

Mediation

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The parties agree to use their best efforts to resolve any dispute that may arise through good faith negotiations. The parties acknowledge their desire that any irreconcilable dispute or difference shall be resolved by mediation involving the appointment of a mutually acceptable mediator. The cost of any such mediation is to be shared equally by the parties. This is without prejudice to any other right or entitlement that they may have.

 

Language

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The parties agree that this agreement and all related documents be written in the English language.

 

Indemnity

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You shall indemnify and hold harmless Envirodel Zero Emissions Courier against all liabilities, losses, claims, damages, costs and expenses of any nature whatsoever incurred as a consequence of your non-observance of any laws and regulations of whatever nature which you are required to observe with regard to or in connection with the carriage of the goods shipped.

 

Payment

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Invoices are payable within 30 days from issue date. Overdue balances are subject to interest calculated at 2% per month (24% per annum) which shall accrue and be payable to Envirodel Zero Emissions Courier on all outstanding monies. This is in addition to any legal rights and remedies available to Envirodel Zero Emissions Courier.

 

Delay

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Unless agreed to otherwise in writing, Envirodel Zero Emissions Courier shall not be liable for any special consequential or other damages caused by mere delay in the delivery of a shipment.

 

Limits of Liability

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Envirodel Zero Emissions Courier shall not be liable for any loss, damage, destruction or unreasonable delays arising from factors beyond the control of Envirodel Zero Emissions Courier including but not limited to the following causes: acts of God, the Queen’s or public enemies, awful weather, bad traffic conditions, riots, strikes, war or terrorism, authority of law, defect or inherent vice in the goods shipped, act or default of the shipper or owner of the goods, nuclear reaction, radiation or radioactive contamination.

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Envirodel Zero Emissions Courier will not be liable for your acts or omissions, including but not limited to incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of the shipment, or for the acts or omissions of the recipient or anyone else with an interest to the shipment. Also, Envirodel Zero Emissions Courier will not be liable if the shipper or the recipient violates any of the terms of this agreement.

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In no event shall Envirodel Zero Emissions Courier 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 Envirodel Zero Emissions Courier, its servants or agents, whether or not Envirodel Zero Emissions Courier had knowledge that such losses or damages may be incurred.

 

Proof of Delivery

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In no event shall Envirodel Zero Emissions Courier 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.

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Additionally, in no event shall Envirodel Zero Emissions Courier be liable to consignor, consignee, owner or any third party for any loss, damage or destruction of the goods where Envirodel Zero Emissions Courier has provided proof of Contactless Delivery to the consignee/ owner. Proof of Contactless Delivery includes but is not limited to a photo of the delivered package at the correct address or location.

 

Interruption of Service

In no event shall Envirodel Zero Emissions Courier be liable for any interruption of delivery service.

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Weights

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It shall be the responsibility of the Customer to show correct shipping weights of the shipment on the Bill of Lading. Where the actual weight of the shipment does not agree with the weight shown on the Bill of Lading, the weight shown thereon is subject to correction by Envirodel Zero Emissions Courier.

 

Declared Value of Shipments and Insurance

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The shipper may declare the value of a shipment for the sake of record keeping. However, Envirodel Zero Emissions Courier’s liability for any loss, damage or injury to a shipment shall not exceed the lesser of $2.00 per pound or $100.00.

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Envirodel Zero Emissions Courier cannot insure the following items under any circumstances: tenders, antiques, currency, precious metals or stones, glass or glassware, ceramics, household goods, travellers cheques, works of art, liquor, wine, spirits, tobacco, cigars, cigarettes, stocks, bonds, certificates, bullion, money orders, stamps, jewellery, watches, cashier’s cheques, plants, liquids, perishables, furs.

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All computer, electronic goods and the like must be in original manufacturer’s packaging and are not covered unless certified as operating before pick-up, and unless packaging is damaged in transit and so noted upon delivery. Claims made on shipments received in good order will not be processed.

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The claimant agrees that notwithstanding any disclosure of the nature or value of the goods, the amount of any loss or damage, including consequential, incidental or indirect damage, loss of earnings or profits resulting from the loss of or damage to the goods, shall not exceed the maximum liability of Envirodel Zero Emissions Courier set out above.

 

Dangerous Goods

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No person shall ship with Envirodel Zero Emissions Courier, Dangerous Goods unless all applicable safety requirements and standards are prescribed by the Transportation of Dangerous Goods Act and Regulations have been complied with, and without limitation, all containers and packaging shall display all applicable safety marks, or any goods which require of the Carrier special containers or equipment. Special shipping instructions for any Dangerous Goods must be visibly marked on outside of container.

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Every person, whether as principal or agent, shipping explosives or dangerous goods without previous full disclosure to Envirodel Zero Emissions Courier as required by law, shall indemnify the Carrier against all loss, damage or delay caused thereby, and such goods may be warehoused at the Customer’s risk and expense.

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Prohibited by Law

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No service shall be rendered by Envirodel Zero Emissions Courier in the transportation of any shipment which is prohibited by law or regulations of any federal, state, provincial, or local government in the origin or destination countries.

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Right to Inspect

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Envirodel Zero Emissions Courier, upon its judgment or at the request of governmental authorities, may open and inspect any shipments under its control.

 

Refusal of Shipments

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Envirodel Zero Emissions Courier reserves the right to refuse any package which by reason is dangerous or any other character of its contents is liable, in judgement of Envirodel Zero Emissions Courier, to soil, taint, or otherwise damage other merchandise or equipment, or which is economically or operationally impracticable to transport, or which is improperly packaged, wrapped, or labelled.

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Notice of Loss or Damage

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Notice of loss or damage must be given to Envirodel Zero Emissions Courier within twenty-four (24) hours after such loss or damage becomes known and in writing within seven days after the goods were delivered. Envirodel Zero Emissions Courier will accept no liability for loss or damage unless written notice of such loss or damage is received within seven days after the goods delivered.

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Current Legislation

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Any references herein to any law, by-law, rule, regulation, order or act of any government, governmental body or other regulatory body shall be construed as a reference thereto as amended or re-enacted from time to time or as a reference to any successor thereto.

 

Severability Clause

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Any provisions of these Terms and Conditions which are prohibited or unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition or unenforceability without invalidating the remaining provisions hereof, and any such prohibition or

unenforceability in any jurisdiction shall not invalidate or render unenforceable such provision in any other jurisdiction.

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Change of Terms

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Envirodel Zero Emissions Courier reserves the right to change these terms and conditions without notice. The most current version of the terms will supersede all previous versions. The Company encourages you to periodically review the terms to stay informed of our updates.