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Governing all Tariffs and Shipping Activities of DRT logistics. |
United
States, Canada, and International
- These
Terms and Conditions of Contract (the ''Terms'') are effective
from March 1, 1999 and are subject to change without notice.
- In
tendering the shipment for delivery, the Shipper, Consignee and
any other party with an interest in the shipment (or anyone claiming
by, through or on behalf of such parties) agree to these Terms
and these Terms shall supersede all previous Terms.
- These
Terms shall apply to all shipments unless otherwise required or
mandated by a federal, state or foreign law, rule or regulation
applicable to the shipment.
- Shipments
originating outside Canada for U.S. or other international destinations
are subject to local tariffs and the terms and conditions of the
DRT subcontractor or independent contractor which accepted the
shipment, if such terms and conditions are different from these
Terms.
No
employee, agent or representative of DRT, other than an officer
of DRT, nor any other person or party is authorized to change or
modify these terms.
If there is a conflict between these Terms and the
terms and conditions on any DRT Air Waybill"Air Waybill")
or sub-contractor Air Waybill or other transit documentation, the
Terms contained herein shall control to the extent not in conflict
with the rules relating to liability for international carriage
established by the Convention for the Unification of Certain Rules
Relating to International Carriage by Air signed at Warsaw on 12
October 1929("Warsaw Convention"), as amended by the protocol
done at The Hague on 28 September 1955 ("Hague Protocol")
and the protocol number 4 done at Montreal on 25 September 1975
("Montreal Protocol 4"), as applicable, and all other
applicable amendments to the Warsaw Convention, or any applicable
tariff, convention or treaty.
These Terms supersede all previous and other prior
statements concerning the conditions of the DRT service to which
it applies. Should any provision(s) of these Terms for any reason
be declared by any court of competent jurisdiction to be invalid
or unenforceable, such decision shall not affect the validity of
any remaining provisions, or portions thereof, of the Terms, which
remainingprovisions shall continue in full force and effect.
- Any
failure to enforce or apply a term, condition or provision of
these Terms shall not constitute a waiver of that term, condition
or provision or otherwise impair our right to enforce or apply
such term, condition or provision in the future.
- As
used herein, the words "DRT", ''our,'' ''we,'' and ''us''
shall refer to DRT Logistics Inc, and its employees and agents.
- For
international shipments, ''pound(s)'' shall be converted to applicable
metric weight.
- DRT
at all times operate only as an "agent" of the actual
carrier.
I.
ACCOUNT NUMBERS AND ADDRESS CORRECTION
-
A valid DRT account number is required for all U.S. and Canadian
shipments unless payment is made at time of shipment. The use
of a valid DRT account number ensures that
-
DRT invoices are sent to the proper locations for payment
- Account
activity is accurately summarized by our system
- Tthe
payor is billed with the appropriate rate.
-
Account numbers will be made available to all qualified customers.
-
In the event that an earned discount is not applied to an invoice
because the payor's account number was omitted on the Air Waybill,
no adjustment will be allowed.
-
In
the event a Consignee's address or ZIP/Postal code is found
to be incorrect, we will attempt to determine the correct address
and complete the delivery as expeditiously as possible, but
we assume no responsibility for our inability to complete delivery
under such circumstances.A special handling fee per correction
will be assessed for this service. (See DRT's Accessorial
Guide for a listing of current charges). If the correct
address can't be determined and if the Consignee can't be reached,
the Shipper will be contacted for address clarification or instructions
for the return of the shipment.(See Section XVIII. NOTICE
AND DISPOSITION OF PROPERTY)
- U.S.
Postal Regulations preclude delivery of shipments to P.O. Box
addresses, P.O. Box ZIP codes or APO boxes. Therefore, any shipment
addressed to P.O. Box addresses, P.O. Box ZIP codes or APO boxes
will be considered an incorrect address and handled as outlined
in Section I.D. above. DRT applies the same condition within Canada.
II.
ADVANCEMENT OF CHARGES
-
Upon request, and restricted to those points beyond the normal
pickup and delivery area ("beyond points"), we will
advance the charges for transportation, cartage, storage, loading,
unloading, unpacking, packing, and processing not performed by
us when a sufficient guarantee is given by either the Shipper
or Consignee that such additional charges will be paid. (See DRT's
Accessorial Guide for a listing of current charges). We will not
advance any charges within the normal pickup and delivery area.
However, as a convenience to the customer, we will rebill ''house
trucker'' charges along with a handling fee.
-
We will not advance charges on any shipment on which prepayment
of charges is required unless the amount of such advances has
been deposited by check with us.
III.
THE AIR WAYBILL
-
The Shipper shall have the duty to prepare and
present a current version of our Air Waybill or our sub-contractor's
for each shipment. Notwithstanding who prepared the Air Waybill
or the originating documentation, it shall conclusively be deemed
to have been prepared by the Shipper. Customers' shipping documents
will not be accepted; the Air Waybill must be used. In the event
other shipping documentation, including without limitation a
version of our Air Waybill or sub-contractor's AWB other than
our current version, or customer provided documentation, is
inadvertently accepted by us, it shall be deemed to be utilized
for convenience purposes only, and any such shipment shall be
subject to these Terms. The Air Waybill or other shipping document
shall be non-negotiable. Each shipment shall be subject to the
rules, regulations, rates, and charges contained in the Air
Waybill or sub-contractor Air Waybill, DRT Service Guide ("Service
Guide"), the DRT Accessorial Guide ("Accessorial Guide"),
the DRT Cities Served Directory, these Terms and all Tariffs
in effect on the day of acceptance of such shipment.
- The
Air Waybill or Sub-contractor Air Waybill shall be binding upon
the Shipper, the Consignee, any other party with an interest in
the shipment, us, and our agents.
-
In tendering the shipment, the Shipper and the Consignee agree
to these Terms and no employee, agent or representative of the
parties, other than an Officer of DRT, is authorized to modify
any of the Terms. All Terms, including but not limited to Limitations
of Liability contained herein, shall apply to our agents and their
contracting carriers.
-
If requested, we will provide the Shipper with a copy of the Air
Waybill, Bill of Lading, Shipper's Manifest or other non- negotiable
shipping document on which the shipment was tendered to us. A
charge per copy will be assessed for this service. (See DRT's
Accessorial Guide for a listing of current charges).
-
It is the Shipper's sole responsibility to accurately and completely
describe the contents of all shipments on the Air Waybill.
-
A contact name and phone number for the Shipper must be legibly
written on the Air Waybill.
- A
contact name, address, ZIP code, and phone number for the Consignee
must be legibly written on the Air Waybill.
-
The number of pieces included in a shipment must be specified
on the Air Waybill.
- The
dimensions and weight of the shipment must be entered on the Air
Waybill by the Shipper. If omitted or entered incorrectly, we
reserve the right to either:
-
Measure and weigh the shipment and apply appropriate density
and oversize shipment surcharges, or
-
Apply a standard ''default'' piece count and weight estimate.
The current default values are one piece and ten pounds.
-
When used for shipments moving to, from, or between international
points (''International Shipments'') by air, the Air Waybill shall
be deemed an Air Waybill within the meaning of the Warsaw Convention.
-
Omission of the service level on the Air Waybill will default
to Next Day for U.S. and Canada domestic shipments, and Standard
Service for International shipments.
-
IATA regulations require certain notations to be placed on an
Air Waybill for shipments of Dangerous Goods. Shipper shall have
the sole obligation to comply with IATA regulations and make such
notations, if applicable.
-
If the commodity being shipped is not Dangerous Goods, but could
be confused as such, the Shipper must place the words ''NOT RESTRICTED''
on the Air Waybill to indicate that the Shipper has reviewed the
shipment against the appropriate regulations.
IV.
APPLICATION OF CHARGES
-
Except as otherwise provided for herein, transportation charges
for a shipment will be assessed on the gross weight of the shipment
based on the greater of:
- The
actual weight, or
- The
cubic dimensional weight determined in accordance with Subsection
E.
- The
charges will be assessed on the basis of the service level requested
on the Air Waybill at the rates in effect on the day of acceptance
of the shipment. Omission of the service level on the Air Waybill
will result in rates charged for Next Day Service. If a service
requested on the Air Waybill is to a ZIP code where that level
of service is not available in our Service Guide, we will attempt
to provide the service requested. However, failure to provide
such level of service will not affect the applicable charges.
-
In computing charges, fractions will be rounded to the next higher
cent.
- Fractions
of pounds will be assessed at the charge for the next higher pound.
Fractions of kilograms will be rounded up to the next half kilogram.
Fractions of an inch will be rounded to the next higher inch.
Fractions of a centimeter will be rounded to the next higher centimeter.
- Charges
for shipments with overall measurements exceeding 166 cubic inches
(2720.24 cubic centimeters) will be assessed on the basis of one
pound per 166 cubic inches (one kilogram per 5997.05 cubic centimeters)
or fraction thereof. Cubic measurements will be based on the product
of the length times width times height of each piece comprising
a shipment.
-
Multiple piece shipments that are tendered on a single Air Waybill
that weigh less than 100 lbs. (45.36 kilograms), and that move
within the continental United States or and Canada, or within
Canada, or between Canada will be rated at the lower of the sum
of the average weight per piece charges or the charge for a 100
pound shipment (45.36 kilograms).
-
One-day rate quotes are applicable only to the specific shipment
under quote and are valid for 24 hours. Rate and service quotations
will be based upon information provided by you, but final rates
and service may vary based upon the shipment actually tendered.
The customer must indicate the rate confirmation number on the
Air Waybill, or IT2.
-
We reserve the right to audit Air Waybills and shipments made
via an automated device to verify service selection and package
or shipment weight. If the service selected or weight is incorrect,
we may make appropriate adjustments to the Air Waybill or invoice
at any time.
V. CHARGES PREPAID, COLLECT OR THIRD PARTY
-
Shipments will be accepted either with the
charges to be prepaid by the Shipper (a.k.a. bill to Shipper)
or to be collected from the Consignee (a.k.a. bill to Consignee)
or, when requested by the Shipper or the Consignee, to be billed
to a third party. In any case, the DRT account number of the paying
party must be specified on our Air Waybill. If the third party
or collect party should refuse payment for any reason, liability
for payment shall revert to the Shipper and or Consignee. When
the form of payment is not marked on the Air Waybill, the shipment
will be assumed to be prepaid. In all events, the Shipper and
Consignee shall be liable jointly and severally for all unpaid
charges payable on account of a shipment.
- The
''type of billing'' for international shipments cannot be changed
once the shipment is tendered to us unless the request is accompanied
by a written guarantee from the new payor. For any other shipments
that have not been delivered or passed on to the Consignee's broker,
Shipper initiated requests for changes in type of billing, e.g.,
PREPAID, COLLECT, OR THIRD PARTY, will be honoured at no charge.
Subsequently, no request for ''type of billing'' changes that
reduce the rates or charges will be accepted, nor will the invoice
be adjusted.
-
All requests for changes in type of billing
after delivery must be accompanied by a guarantee
of payment by the new payor. An additional charge for this change
will be assessed. (See DRT's Accessorial Guide for a listing
of current charges). Revisions will not be allowed when a
reduction in the original rates occurs as a result of the change.
-
The following shipments must be prepaid by the Shipper, regardless
of the payment type checked on the Air Waybill and DRT and it's
sub contractors accepts NO liabilities what so ever and however
it may arise:
- Shipments
addressed to United States Government agencies, unless shipped
on Government Bill of Lading.
-
Shipments addressed to any person and/or organization in care
of another person and/or organization.
-
International Express Documents.
-
Shipments with a commercial value less than the transportation
charges.
-
Shipments of samples.
-
Tradeshows of any kind.
- Charges
on the following shipments must be collected when the freight
is accepted and DRT and it's subcontractors accepts NO liabilities
however it may arise:
-
Shipments destined to exhibition grounds, parks, fairs or
similar enclosures.
-
Shipments of personal effects consisting of wearing apparel,
cosmetics, toilet articles, and articles
worn by an individual, used, not for resale.
-
Shipments addressed to hotel guests.
-
Shipments addressed to or from political organizations.
VI.
CHARGES FOR SHIPMENTS CONTAINING OVERSIZED AND UNUSUAL PIECES
-
Shipments moving between points in the United
States, between points in the United States and points in Canada,
or between points in Canada, which have any dimension (length,
width, or height) of 60 inches (152.40 centimeters) or greater
will be assessed a premium of 30% of the total transportation
charge in addition to all other charges. A minimum premium of
$100.00 will be assessed when any dimension (length, width, or
height) exceeds 120 inches (304.80 centimeters).
- Shipments
moving between points in the United States, between points in
the United States and points in Canada, or between points in Canada,
with special pricing will be charged the higher rate of
:
-
A charge equal to 20% of the transportation amount if the
shipment contains any one piece. exceeding
a length plus girth of 200 inches (508.00 centimeters),
length always being the largest measurement. Girth
is defined as the sum of the width plus the height multiplied
by two. This charge will be based on the greater of
the actual vs. cubic dimensional weight of the shipment
determined in accordance with Section IV, or
-
A
charge equal to 30% of the transportation amount if the
shipment has any dimension (length, width, or height) of
60 inches (152.40 centimeters) or greater. A minimum premium
of $100.00 will be assessed when any dimension (length,
width, or height) exceeds 120 inches (304.80 timeters).
This charge will be based on the greater of the actual vs.
cubic dimensional weight of the shipment determined
in accordance with Section IV.
- International
Express, Next Day, Standard, and Special rates may not apply on
international shipments containing pieces measuring in excess
of 125 inches (L) X84 inches (W) X62 inches (H) (317.50 centimeters
X 213.36 centimeters X 157.50 centimeters). For information on
international oversize shipments, please
contact 1-877-SHIP DRT.
- Subject
to advance arrangements and possible delay (See Section XXIX.
SHIPMENTS SUBJECT TO DELAY), we will accept shipments containing
oversized pieces, as defined herein, that meet the conditions
and limitations enumerated below and will base the appropriate
charges on rating calculations described in Subsection E. Piece
Dimensions and Positioning on Aircraft:Shipments containing pieces
with height greater than 62 inches, which cannot be tipped, will
be moved as Next Day Service and rated at the applicable Next
Day rate. Premiums described in Subsections A and B will apply.Shipments
containing pieces measuring in excess of 120 inches (304.80 centimeters)
in length, or 84 inches (213.36 centimeters) in width, or otherwise
restricted by their height/contour/profile from fitting in our
contractor single standard "A'' container (shown below)
shall be positioned during transportation in accordance with our
operational practices, taking into consideration constraints and
interior volume limits, consistent with safety and weight/balance
considerations.
-
Rating Conditions
-
The charges for shipments containing oversized pieces (defined
in Subsection D above) shall be based on the higher of the
following calculations:
•
The actual weight of the shipments, or
•
The weight determined by multiplying 4,100 pounds (1,859.76
kilograms) by the total number
of pallets used (fully or partially) in positioning the
shipment on the aircraft.
See (2) below for pallet dimensions.
-
The dimensions of the pallets to be used are: Width: 88
inches (223.52 centimeters) Thickness: 5/8 inch (1.59 centimeters)
Length: 120 inches (304.80 centimeters)
-
Shipments rated in accordance with the terms of this Subsection
will not be assessed the premium described in Subsections
A and B above.
-
Equipment is scheduled for each city to provide space/weight allocations
that equal normal daily average volume for that particular city.
Shipments of excessive weight or size will be subject to the following
conditions:
-
Prior arrangements must be made. 24-hour advance notification
is required for more than one container load or its
equivalent.(See Section XXVIII. SHIPMENTS SUBJECT TO ADVANCE
ARRANGEMENTS)ii) Shipments may be delayed or moved by alternate
means.
(See Section XXIX.SHIPMENTS SUBJECT TO DELAY)
-
Contract pricing or discounts may not apply, at DRT's sole
discretion.
-
Non-conforming cargo
-
Shipments which are unusually shaped, difficult to handle,
palletized, uncrated or which require special handling in
transit (to prevent damage to the shipment, the other shipments
it may come in contact with, the shipment handlers or the
equipment) will beassessed an additional service harge and/or
will be subject to delay. (See DRT's Accessorial
Guide for a listing of current charges).
-
Shipments which cannot be stacked (either by instruction
on the Air Waybill or marking or labeling on the shipment)
will be assessed an additional service charge and/or will
be subject to delay. (See DRT's Accessorial Guide
for a listing of current charges)
VII.
NO "CHECK" TO SHIPPER or COD's Service.
VIII. CLAIMS PROCEDURE
-
Loss and Damage Claim Requirements
-
Claims for loss or damage must be delivered to the following
addresses:
For United States, Canada and For International:
DRT Logistics Inc.
31 Melanie Dr
Brampton, ON L6T5H8
Phone:(905) 458-6228
•
As used herein and throughout these Terms, a domestic shipment
is one which moves solely within the borders of a country
and/or its possessions.
•
As used herein and throughout these Terms, an international
shipment is one which moves from one country to another.
- All
claims, domestic and international, for loss or damage MUST
be made in writing within 10 calendar days after date of acceptance
of the shipment by us. They will be acknowledged within 10
calendar days after receipt at the above address. All claims
MUST:
• include a copy of
the Air Waybill & bill of lading or shipping manifest;
•
include a description of the goods;
•
include a description and details of the nature/extent of
the damage or loss; and pictures of the damages
•
include the amount of the claim.
- No
loss or damage claim will be processed until all transportation
charges have been paid. The amount of a claim may not be deducted
from lawful transportation charges.
-
Notice Requirement for Concealed Loss or DamageFor shipments
within the United States, or Canada, or between the United
States and Canada, loss or damage to contents of a shipping
container, which could not have been noted at time of delivery,
must be reported to us by calling 1-877-SHIPDRT within 2 business
days from date of delivery. A request for inspection must
be made at that time.All merchandise must be retained in the
original shipping container, in the same condition it
was in when loss or damage was discovered, until inspected
by DRT. For international shipments other than those between
the United States and Canada, loss or damage to contents of
a shipping container, which could not have been noted at time
of delivery, must be reported to the local DRT office within
3 business days from date of delivery. A request for inspection
should be made at that time. All merchandise must be retained
in the original shipping container, in the same condition
it was in when loss or damage was discovered, until inspected
by DRT.
-
No action for loss or damage or otherwise involving domestic
or international shipments may be maintained against DRT Logistics,
it's directors and or it's employees irregardless of how it
may arise. Any legal action against DRT Logistics, It's directors
and employees, by accepting tariffs, customers hereby agrees
to pay DRT Logistics for all legal costs and loss time. DRT
Logistics maximum liability payout for any and all liability
is $100.00 Cdn.
-
When salvage becomes the property of DRT due to claim settlement,
it will be picked up at our sole discretion.
-
For information on claim procedures for
shipments within the United States, or Canada, or between
the United States and Canada, contact 1-877 SHIPDRT.
-
Our liability, if any, for loss or damage or of any other
sort, is limited in accordance with the provisions of Section
XVI. LIMITATIONS OF LIABILITY.
-
All claims for loss or damage are subject to only to proof
of value.
-
For purposes of this Section only, no action shall be deemed
to have commenced until receipt by us of service of process
of the action on DRT.
-
Guaranteed Service - Service Failure Claim Requirements
-
Customers wishing to file a service failure claim MUST notify
us within 3 calendar days after the date of acceptance of
the Guaranteed Service shipment by us. For Guaranteed Service
shipments within the United States, or between the United
States and Canada, please contact us at 1-877 SHIPDRT
or the local DRT office for information regarding where to
file your claim.
-
A service failure will be deemed not to have occurred if within
90 calendar days after notification, we provide: Proof of
timely delivery, consisting of date and time of delivery and
name of the person who signed for the Guaranteed Service shipment,
or Service exception information reflecting that the failure
to timely deliver resulted from an exception described
under Section XII. GUARANTEED SERVICE.
-
No action for service failure involving domestic Guaranteed
Service shipments may be maintained against DRT Logistics,
it's directors and it's employees irregardless of how it may
arise. DRT Logistics maximum payout for any and all liabilities
is $100.00 Cdn.
- Our
liability, if any, for service failures on Guaranteed Service
shipments, is limited in accordance with the provisions of
Section XII. GUARANTEED SERVICE.
-
For purposes of this Section only, no
action shall be deemed to have commenced until receipt
by us of service of process of the action on DRT.
-
Non-Guaranteed Service - Service Failure Claim Requirements..
-
Customers wishing to file a claim for
a service failure on non-Guaranteed Service shipments, including
mis delivery, incomplete or otherwise inadequate delivery
(including but not limited to failure to follow hipper or
Consignee instructions or failure to collect or properly deliver
a payment instrument), non-delivery, delay (for international
shipments only) or missed pickup, MUST notify
us in writing within 3 calendar days from the date of shipment.
For shipments within the United States, or Canada, or between
the United States and Canada please contact 1-877 SHIPDRT
for information regarding where to file your claim. DRT maximum
payout irregardless is $100.00 Cdn.
-
A service failure will not be deemed to have occurred if within
90 calendar days after notification, we provide:Proof of timely
or otherwise proper delivery, consisting of date and time
of delivery and name of the person who signed for the shipment,
or
Service exception information reflecting that the failure
to timely or otherwise properly deliver resulted from an exception
described under Section XIII. LIABILITIES NOTASSUMED, or Proof
that the service was necessary for the protection of shipments
with a declared value or insurance amount of $5,000.00 (USD)
or greater.
-
All claims MUST:
• include a copy of
the Air Waybill, bill of lading or shipping manifest;
•
include a description of the goods;
•
include a description and details of the nature/extent of
the service failure; and
•
include the amount of the claim.
- No
service failure claim will be processed until all transportation
charges have been paid. The amount of a claim may not be deducted
from lawful transportation charges.
-
No action for service failure involving domestic or international
shipments may be maintained against DRT Logistics, It's employees
and it's directors irregardless of how ever it may arise.
DRT Logistics maximum payout is $100.00 Cdn.
-
Our liability, if any, for service failures on non-Guaranteed
Service shipments, is limited in accordance with the provisions
of Section XVI. LIMITATIONS OF LIABILITY.
-
All claims for service failure are subject to proof of value.
and DRT maximum payout irregardless of how it may arise is
$100.00 Cdn.
-
For purposes of this Section only, no action shall be deemed
to have commenced until receipt by us of service of process
of the action on DRT.
- Shipper's
Interest Insurance Claim Requirements
-
Claims for physical loss or damage covered
by Shipper's Interest Insurance must be delivered to the following
address:
DRT Logistics Inc.
Cargo Claims
31 Melanie Dr
Brampton, ON L6T5H8
Phone:(905) 458-6228
- All Shipper's Interest Insurance claims
for physical loss or damage MUST be made in writing within
12 calendar days after date of acceptance of the shipment
by us. They will be acknowledged within 10 calendar days after
receipt at the above address. All claims MUST:
•
include a copy of the Air Waybill, bill of lading or shipping
manifest;
•
include a description of the goods;
•
include a description and details of the nature/extent of
the damage or loss; and
•
include the amount of the claim.
- No Shipper's Interest Insurance claims will
be processed until all transportation charges have been paid.
The amount of a claim may not be deducted from lawful transportation
charges.
-
Notice Requirement for Concealed Loss or Damage.
Loss
or damage to contents of a shipping container, which could
not have been noted at time of delivery, must be reported
to the local DRT office within 4 calendar daysdate of delivery.
A request for inspection should be made at that time. All
merchandise must be retained in the original shipping
container, in the same condition it ;was in when loss or damage
was discovered, until inspected by us.
- No
action for physical or other loss or damage may be maintained
against DRT Logistics, it's Directors and It's employees
irregardless of how ever it may arise and our maximum payout
is $100.00 cdn.
-
When salvage becomes the property of DRT due to claim settlement,
it will be picked up at our sole discretion.
-
For information on claim procedures for international shipments,
contact the local DRT office.
-
All claims for loss or damage are subject to proof of value.
- For
purposes of this Section only, no action shall be deemed to
have commenced until receipt by us of service of process of
the action on DRT.
-
Overcharge Claim Requirements
-
Claims for overcharges or billing adjustments
MUST be made in writing and delivered within 10 calendar days
of date of invoice to the following addresses:
For United States and Canada For International:
DRT Logistics
Quality Assurance Department 20 Strathearn Ave #17B Brampton,
Ontario. L6T 4P7
-
No action for overcharge or billing adjustments may be maintained
against DRT Logistics, It's directors and it's employees irregardless
of how ever it may arise and our liabilities is maximum
$0.00 Cdn. For purposes of this Section only, no action shall
be deemed to have commenced until receipt by us of service
of process of the action on DRT.
IX.
CUSTOMIZED TRANSPORTATION'S VAN SERVICE
-
At the request of the Shipper, we will handle
all shipments requiring inside pickup, inside delivery, or related
origin and destination services under Customized Transportation's
Van Service, and assess applicable charges. Shipments must be
registered by facsimile at (905) 458-6218, prior to tendering
shipments to us. If we issue an authorization number, that number
must be placed in the "Auth/Conf" line in the "Handling
Instructions" block of the DRT Air Waybill or sub-contractor
AWB.
-
Shipments requiring inside delivery, unpacking, and other
destination services must be registered and accepted by us
prior to tendering shipments to us, and by no later than 1:00
PM, destination community time, the day the shipment is tendered
to us.
-
Shipments requiring inside pickup or other origin services
must be registered by 1:00 PM, origin community time, the
business day prior to the date of pickup.
-
Shipments will be scheduled for delivery by 5:00 PM, Monday
through Friday (excluding holidays) based on the service level
requested unless otherwise requested and accepted by us at
the time of registration.
-
Unless otherwise requested and accepted by
us on or prior to the date of shipment, inside delivery services
will include a crew of two workers equipped with material handling
tools appropriate for the delivery, based on information provided
by the Shipper or Consignee. Additional charges will apply for:
-
Equipment for ascending/descending stairs, floor coverings,
climate control, cranes, rigging tools, fork lifts, and other
nonstandard van equipment.
-
Padded van pickup or delivery to points not identified as
local delivery points in the Service Guide.
-
Inside pickup.
-
Shipment preparation including packing, skidding, and crating.
-
Assembly, disassembly, or installation.
-
Shipments requiring more than a crew of two (2), or shipments
of more than ten (10) pieces.
- Charges
will be based on a minimum weight of 100 pounds.
-
Shipments subject to advance arrangements (additional charges
may apply) include:
-
Origin services requiring inside pickup, packing, padded van,
and/or air-ride transportation.
-
Origin or destination services:
•
before 8:00 a.m. or after 5:00 p.m.
•
on weekends or holidays.
• "at"
a specific time.
•
during a time interval of four (4) hours, or less.
- Freight
collect, and/or C.O.D. shipments will not be accepted.
- Shipments
will be placed, unpacked, de-skidded, and packing material debris
will be removed and disposed of only if specifically requested
at the time of registration. Additional charges may apply.
-
Liability for cargo damage or loss that occurs during shipment
preparation, inside pickup, disassembly, packaging, skidding,
crating, storage, inside delivery, unpacking, placement, assembly,
installation or other non-transportation services provided by
us shall be as set forth in Section XVI.A. above.
-
We reserve the right to treat requests for inside pickup or delivery
as requests for Customized Transportation's Van Service, whether
registered with Customized Transportation's Van Service or not,
and assess applicable charges accordingly.
- Shipments
that are undeliverable because they require Customized Transportation's
Van Service may be treated by us as though Customized Transportation's
Van Service was requested by the Shipper or Consignee, and assess
applicable charges accordingly. Charges for these services will
be assessed to the party responsible for the payment of transportation
charges.
X.
CUSTOMS CLEARANCE
-
All shipments which cross international borders
must be cleared through Customs in the destination country prior
to delivery to the Consignee. Customs clearance is the responsibility
of the Shipper and/or Consignee, and arrangements can be made
by DRT upon request.
- Except
as provided in Subsection E below or where you specify a broker
other than DRT Customs Brokers, we will submit International Express
shipments to Customs and other regulatory agencies for clearance
in accordance with the then current DRT Customs Brokers Terms
and Conditions of Service and these Terms, and will advance duties
and taxes on behalf of the Shipper and Consignee provided appropriate
credit arrangements have been Made in advance. The DRT Customs
Brokers Terms and Conditions of Service are available upon request.
-
When shipments are held by Customs or other agencies due to incorrect
or missing documentation, we will attempt first to notify the
Consignee. If local law requires the correct information or documentation
to be submitted by the Consignee and Consignee fails to do so
within a reasonable time as we alone may determine, the shipment
will be considered undeliverable.(See Section XXIX. SHIPMENTS
SUBJECT TO DELAY). If the Consignee fails to supply the required
information or documentation and local law allows the Shipper
to provide the same, we will attempt to notify the Shipper. If
Shipper also fails to provide the information or documentation
within a reasonable time as we alone may determine, the shipment
will be considered undeliverable. (See Section XXIX. SHIPMENTS
SUBJECT TO DELAY).
- Shipments
requiring documentation in addition to the International Air Waybill
(e.g., a Commercial Invoice) may require additional transit time.
Proper completion of necessary documentation and accurate commodity
descriptions are the responsibility of the Shipper.
-
All non-document shipments to Anguilla, Antigua, Martinique, Montserrat,
St. Kitts and Nevis, regardless of value, must be cleared through
Customs by the Consignee. All non-document shipments to St. Vincent,
Uruguay and Grenada valued over $50; to Argentina valued over
$100; and to Brazil and Chile valued over $500, must be cleared
through Customs by the Consignee. In these cases, Customs paperwork
will be delivered to the Consignee. In this instance, delivery
of paperwork constitutes shipment delivery.
-
U.S. Customs regulations require
the IRS Employer Identification Number (EIN) or, if an individual,
the Social Security Number (SSN) of the U.S. Consignee for certain
shipments being imported into the United States. THIS INFORMATION
MUST BE INCLUDED ON THE INTERNATIONAL AIR WAYBILL AND COMMERCIAL
INVOICE ON ALL INBOUND SHIPMENTS. The EIN or SSN must be on file
with the U.S. Customs Service. Any changes to a company name,
address, or the EIN/SSN should be provided to DRT for system updating.
Shipments scheduled for delivery which do not have the correct
EIN or SSN may be detained until that information can be obtained
from the Consignee or otherwise determined, and DRT shall have
no liability arising therefrom whatso ever and however.This U.S.
Customs Service requirement applies to shipments with a declared
value for Customs of US $1,250 or more and for the following commodities
regardless of value: textiles or textile products, leather or
leather products, or goods that are restricted or controlled requiring
a formal entry by the U.S. Customs Service.
XI.
DANGEROUS GOODS
-
If the shipment contains Dangerous Goods,
as hereafter defined, the Shipper shall have the responsibility
to so state on the Air Waybill and, if required by applicable
regulations, shall also submit a signed Shipper's Declaration
for Dangerous Goods.
- Dangerous
Goods means those commodities that are transported in accordance
with the provisions set forth in one or more of the following:
-
Title 49 of the U.S. Code of Federal Regulations (''CFR''),
revisions thereto or reissues thereof. The only Dangerous
Goods we will accept under Title 49 CFR will be Consumer Commodities.
-
The ''Dangerous Goods Regulations'' published by the International
Air Transport Association (''IATA''), revisions thereto or
reissues thereof.
-
The ''Technical Instructions for the Safe Transport of Dangerous
Goods by Air'' published by the International Civil Aviation
Organization (''ICAO''), revisions thereto or reissues thereof.
-
We accept the following Dangerous Goods:
•
ICAO/IATA
HAZARD NAME AND CLASS NO. AMERICA INTL
•
Explosives
(1.1,1.2,1.3,1.4F,1.5,1.6) NO NO
•
Explosives
1.4 YES YES
•
Flammable
Gas (2.1) YES YES
•
Non-Flammable
Gas (2.2) YES YES
•
Poisonous
Gas (2.3) NO NO
•
Flammable
Liquid (3) YES YES
•
Flammable
Solid (4.1) YES YES
•
Spontaneously
combustible (4.2) YES YES
•
Dangerous
When Wet (4.3) YES YES
•
Oxidizers
(5.1) YES YES
•
Organic
Peroxides (5.2) YES YES
•
Toxic
Substances (Packing Group I and II) NO NO
•
Toxic
Substances (Packing Group III) YES YES
•
Infectious
Substance(6.2) NO NO
•
Radioactive
I, II, III (7) YES YES (IATA Only)
•
Corrosive
(8) YES YES
•
Magnetized
Material (9) YES YES
•
Dry
Ice (9) YES YES
•
Diagnostic
Specimens YES NO
•
Hazardous Waste NO NO The only material we accept for air transport
under 49CFR is ORM- D(Consumer Commodities), and this
is only within the contiguous 48 U.S. States.
-
For shipments moving between points in the United States, between
points in the United States and Canada, and between points in
Canada, shipments of Dangerous Goods are only accepted as Next
Day Services service. An additional charge will be assessed in
addition to all other applicable charges. (See DRT's Accessorial
Guide for a listing of current charges).
- From
points in the United States and Canada, to International points,
shipments of Dangerous Goods are only accepted as Standard Service.
Shipments are rated at the applicable IATA rate plus the airline
surcharge for each article having a description which differs
from that of another article(s) carried in the same shipment,
plus a DRT surcharge. (See DRT's Accessorial Guide for a listing
of current charges).
-
Between all other points not specified in Subsections D and E
above, the charges for handling and transporting dangerous goods
may vary. For shipments within the United States, or Canada, or
between the United States and Canada please contact 1-877- SHIPDRT
for charges. For other international shipments, contact the local
DRT office.
-
Dangerous Goods must not be included in the
same shipment with non-dangerous goods.
-
Diagnostic specimens are only accepted when packaging meets IATA
regulations. For shipments within the United States, or Canada,
or between the United States and Canada please contact 1-877 SHIPDRT
for additional information.
-
If the commodity being shipped is not Dangerous Goods but could
be confused as such, the Shipper must place the words ''NOT RESTRICTED''
on the Air Waybill to indicate that the Shipper has reviewed the
shipment against the appropriate regulations.
XII.
GUARANTEED and NON GUARANTEED SERVICE
-
DRT guarantees that shipments sent via Guaranteed Service will
arrive within one (1) minute of the published delivery times in
effect on the date of shipping as per our sub-contractor.
Availability of Guaranteed Service is subject to suspension or
revocation by us without notice.
- OUR SOLE LIABILITY FOR SERVICE FAILURE
ON GUARANTEED SERVICE SHIPMENTS, INCLUDING, WITHOUT LIMITATION,
OUR FAILURE TO MEET AN AGREED UPON DELIVERY DEADLINE, IS LIMITED
TO A REFUND, CANCELLATION OR CREDIT (AT OUR OPTION) TO THE PAYOR,
UPON PAYOR'S REQUEST, OF THE APPLICABLE FREIGHT CHARGES FOR SUCH
GUARANTEED SERVICE SHIPMENT TO A MAXIMUM OF $100.00 CDN. WE SHALL
IN NO EVENT BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL
DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME,
WHETHER OR NOT WE HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED.
- A
refund, cancellation or credit will not be given if the service
failure is caused, in whole or in part, by:
- The
act, default of omission of the Shipper, Consignee or any
other party claiming an &in the shipment.
-
The nature of the shipment, defect, or inherent vice of the
product.
- Failure
of the Shipper or Consignee to observe any term contained
in this document, including but not limited to improper or
insufficient packaging, securing, addressing or marking of
any shipment, or the Shipper's failure to follow any term
related to shipments that are not acceptable for transport
-
Acts of God, weather conditions, environmental or dangerous
goods incidents, perils of the air, public enemies, public
authorities acting with actual or apparent authority, acts
or omissions of customs officials, authority of law, quarantine,
riots, strikes, work stoppages or slowdowns, or other labor
disputes or disturbances, civil commotions or hazards incident
to a state of war, local or national disruptions in ground
or air transportation networks or systems due to events beyond
our control, disruption or failure of communication and information
systems, disruption or failure of utilities, or other circumstances
beyond our control.
-
Mechanical delay of aircraft or other equipment failures on
all international shipments other than shipments between the
continental United States and Canada.
-
Acts or omissions of any person inclusive of DRT, including
delivery instructions from the Shipper or Consignee that were
complied with by us.
-
Compliance with laws, government regulations, orders or requirements,
or any cause beyond our control.
-
Year 2000 software or hardware related failures or other related
issues.
- The
following shipments are not eligible for Guaranteed Service:
-
Residential Deliveries.
-
Domestic shipments with origination or destination points
in Alaska or Hawaii.
-
Shipments containing Dangerous Goods.
-
Shipments referenced in Section XXVII. SHIPMENTS NOT ACCEPTABLE.
-
Tradeshows, conventions, personal goods.
-
The following shipments MUST be sent via Guaranteed Service:
-
Live animals.
-
Perishable or Temperature Control Commodities.
-
Jewelry, furs and any item of extraordinary value.
XIII.
LIABILITIES NOT ASSUMED
-
WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED,
AND EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES. Except for our
failure to deliver in accordance with Section XII, DRT Logistics,
it's directors and it's employees will not be liable in any which
way or for, however it may arise for misdelivery, incomplete or
otherwise inadequate delivery (including but not limited to failure
to follow Shipper or Consignee instructions or failure to collect
or properly deliver a payment instrument), non-delivery, missed
pickup, delay on international shipments, loss or damage, unless
caused by our sole negligence. We will not be liable for any shipment
irregardless of how it may arise and DRT Logistics liabilities
is limited to a maximum of $100.00 CDN
- Without
limiting the generality of Subsection A, DRT, it's directors and
employees shall not be liable in any which way or form for any
misdelivery, incomplete or otherwise inadequate delivery (including
but not limited to failure to follow Shipper or Consignee instructions
or failure to collect or properly deliver a payment instrument),
non-delivery, missed pickup, delay, loss or damage caused, in
whole or in part, by:
-
The act, default or omission of the Shipper,
Consignee or any other party claiming an interest in the shipment.
-
The nature of the shipment, defect, or inherent vice of the
product.
-
Failure of the Shipper or Consignee to observe any requirements
or obligations contained in these Terms, including, but not
limited to, improper or insufficient packaging, securing,
addressing or marking of any shipment or, the Shipper's failure
to follow any term related to shipments that are not acceptable
for transport.
-
Acts of God, weather conditions, environmental or dangerous
goods incidents, perils of the air, public enemies, public
authorities acting with actual or apparent authority, acts
or omissions of custom officials, authority of law,
quarantine, riots, strikes, work stoppages or slowdowns,
or ther labor disputes or disturbances, local or national
disruptions in ground or air transportation networks or systems
due to events beyond our control, disruption or failure
of communication and information systems, disruption or failure
of utilities, civil commotions or hazards incident to
a state of war, other circumstances beyond our control, and,
for all shipments other than domestic and specified international
Guaranteed Service shipments (See Section XII.C.5 GUARANTEED
SERVICE) mechanical delay of aircraft or other equipment
failures.
-
Acts or omissions of any person including DRT Logistics, including
delivery instructions from the Shipper or Consignee that were
complied with by us.
-
Compliance with laws, governmental regulations, orders or
requirements, or any cause beyond our control.
-
Year 2000 software or hardware related failures or other related
issues.
-
EXCEPT FOR ELIGIBLE GUARANTEED SERVICE WITH GUARANTEED PRICING
ACKNOWLEDGED IN WRITING AT THE SPECIAL RATE (SEE SECTION XII)
SHIPMENTS, WE DO NOT GUARANTEE DELIVERY BY A SPECIFIC TIME OR
DATE, AND WE SHALL NOT BE LIABLE FOR DELAY OR ANY OTHER FAILURE
TO MEET AN AGREED UPON DELIVERY DEADLINE. There are no stopping
places which are agreed at the time of tender of a shipment, and
we reserve the right to route the shipment in any way, manner
or mode we deem appropriate. IN NO EVENT SHALL DRT Logistics,
It's directors and employees BE LIABLE FOR SPECIAL, INCIDENTAL
OR CONSEQUENTIAL DAMAGES DUE TO MISDELIVERY, INCOMPLETE OR OTHERWISE
INADEQUATE DELIVERY (INCLUDING BUT NOT LIMITED TO FAILURE TO FOLLOW
SHIPPER OR CONSIGNEE INSTRUCTIONS OR FAILURE TO COLLECT OR PROPERLY
DELIVER A PAYMENT INSTRUMENT), NON-DELIVERY, MISSED PICKUP, DELAY,
LOSS OR DAMAGE. Our Maximum payout in any which way or form is
$100.00 CDN.
- Shipper
and Consignee are responsible for and warrant their compliance
with all applicable laws, rules and regulations, including, but
not limited to, customs laws, import and export laws, and government
regulations of any country to, from, through or over which its
shipment may be carried. Shipper and/or Consignee agree to furnish
such information and complete and attach to the Air Waybill such
documents as are necessary to comply with such laws, rules and
regulations. We assume no liability to Shipper, Consignee or any
other person for any loss or expense due to Shipper's and/or Consignee's
failure to comply with this provision.If Shipper does not complete
all the documents required for carriage, or if the documents Shipper
submits are not appropriate for the service or destination requested,
Shipper hereby instructs us, where permitted by law, to complete,
correct or replace the documents for Shipper at Shipper's expense.
However, we are not obligated to do so. If a substitute form of
air waybill is needed to complete the receipt or delivery of the
shipment, and we complete that document, the terms of the Air
Waybill will govern. We are not liable to Shipper or any other
person for our actions under this provision.
- Our
liability for damages, including but not limited to those damages
arising from or related to misdelivery, incomplete or otherwise
inadequate delivery (including but not limited to failure to follow
Shipper or Consignee instructions or failure to collect or properly
deliver a payment instrument), non-delivery, missed pickup, delay,
loss or damage, shall in no event exceed that set forth in the
Limitations of Liability.(see
Section XVI) provisions contained herein.
XIV.
LIABILITY FOR CHARGES AND INDEMNIFICATION
-
The Shipper and Consignee shall be liable, jointly and severally,
for all unpaid charges payable on account of any shipment, including,
but not limited to, transportation charges and all duties, customs
assessments, governmental penalties and fines, taxes and our attorneys
fees and legal costs related to the shipment, and such other sums
advanced or disbursed by us on account of such shipment.
- The
Shipper and Consignee shall be liable, jointly and severally,
to pay or indemnify, protect, defend and hold DRT Logistics, It's
directors and It's employees harmless from and against any and
all claims, liabilities, fines, penalties, damages, costs or other
sums (including attorneys' fees and costs) that may be incurred,
suffered or disbursed for any violation or breach of any of the
terms contained herein or any other default of the Shipper, Consignee
or such other party with respect to a shipment irregardless of
however it may arise.
XV.
LIENS ON SHIPMENTS
We shall have a lien on the shipment
for all sums due and payable to us. In the event of non-payment
of any sum payable to us, the shipment may be held by us and be
subject to storage and/or disposed of at public or private sale,
without notice to Shipper or Consignee and with no further liability
to us, paying us out of the proceeds of such sale all sums due and
payable to us, including storage charges. The Shipper and/or Consignee
shall continue to be liable for the balance of any unpaid charges
payable on account of the shipment.
XVI. LIMITATIONS OF LIABILITY
The
limitations of liability and other provisions below reflect agreed
upon risk allocation and service pricing considerations between
DRT Logistics and the Shipper and Consignee:
-
OUR LIABILITY FOR DAMAGES ON DOMESTIC SHIPMENTS, INCLUDING BUT
NOT LIMITED TO THOSE DAMAGES ARISING FROM OR RELATED TO MISDELIVERY,
INCOMPLETE OR OTHERWISE INADEQUATE DELIVERY (INCLUDING BUT NOT
LIMITED TO FAILURE TO FOLLOW SHIPPER OR CONSIGNEE INSTRUCTIONS
OR FAILURE TO COLLECT OR PROPERLY DELIVER A PAYMENT INSTRUMENT),
NON-DELIVERY, MISSED PICKUP, AND LOSS OF OR DAMAGE TO CARGO, SHALL
BE LIMITED TO THE MAXIMUM OF $100.00 (CDN).
- OUR LIABILITY FOR LOSS, DAMAGE AND DELAY
ON INTERNATIONAL SHIPMENTS SHALL BE LIMITED TO $100.00 CDN. DRT
LOGISTICS AND IT'S DIRECTORS AND EMPLOYEES ACCEPTS NO LIABILITIES
BY SHIPPING THE FOLLOWING AND YOU FURTHER IDEMIFY DRT LOGISTICS
AND IT'S DIRECTORS AGAINST ANY LIABILITIES
-
ARTWORKS AND OBJECTS OF ART, INCLUDING WITHOUT LIMITATION
ORIGINAL PAINTINGS, DRAWINGS, ETCHINGS, WATER COLORS, TAPESTRIES
OR SCULPTURE. SHIPPER MUST PACK THESE ITEMS IN ACCORDANCE
WITH THE PACKING AND MARKING PROVISIONS CONTAINED HEREIN.
WE SHALL NOT BE LIABLE FOR ANY DAMAGE TO A COMMODITY CONTAINING
GLASS FACINGS WHEN DAMAGE TO THE COMMODITY IS CREATED BY THE
BREAKAGE OF THE GLASS.
-
CLOCKS, WATCHES, JEWELRY (INCLUDING COSTUME JEWELRY), FURS
AND FUR TRIMMED CLOTHING.
-
PERSONAL EFFECTS.
- OTHER INHERENTLY FRAGILE OR UNIQUE
ITEMS, INCLUDING PROTOTYPES, ETC.
- OUR LIABILITY FOR DAMAGE TO DOMESTIC SHIPMENTS
CONTAINING GLASS SHALL BE LIMITED TO $00.00 (CDN). SHIPMENTS OF
GLASS WITH A DECLARED VALUE EXCEEDING $00.00 (CDN) WILL NOT BE
ACCEPTED. IF INADVERTENTLY ACCEPTED, LIABILITY WILL BE LIMITED
TO $00.00 (CDN). GLASS SHIPMENTS INCLUDE, BUT ARE NOT LIMITED
TO, WINDSHIELDS, PLATE GLASS, CERAMICS, CHINAWARE AND LIGHT BULBS.
-
THE MAXIMUM DECLARED VALUE FOR ANY ENVELOP$10.00 (CDN).
-
THE MAXIMUM DECLARED VALUE FOR ANY LIVE ANIMAL
SHIPMENT IS $0.00 (CDN).
- ANY DECLARED VALUE IN EXCESS OF THE MAXIMUMS
ALLOWED HEREIN IS NULL AND VOID, AND THE ACCEPTANCE BY US FOR
CARRIAGE OF ANY SHIPMENT WITH A DECLARED VALUE IN EXCESS OF THE
ALLOWED MAXIMUMS DOES NOT CONSTITUTE A WAIVER OF THESE MAXIMUMS.
- WE SHALL IN NO EVENT BE LIABLE FOR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING BUT NOT
LIMITED TO LOSS OF PROFITS OR INCOME, WHETHER OR NOT WE HAD KNOWLEDGE
THAT SUCH DAMAGES MIGHT BE INCURRED.
- Shipper,
Consignee and any other party with an interest in the shipment
hereby waive any and all rights of subrogation, recovery, claim,
action or cause of action, against us for any misdelivery, incomplete
or otherwise inadequate delivery (including but not limited to
failure to follow Shipper or Consignee instructions or failure
to collect or properly deliver a payment instrument), non-delivery,
missed pickup, delay, loss or damage to or arising from shipments
hereunder, regardless of cause. Shipper, Consignee and any other
party with an interest in the shipment (or anyone claiming by,
through or on behalf of such parties) represent and warrant that
their respective insurers have agreed to said waiver, and agree
to hold harmless, protect, defend, and indemnify us against such
insurers or other holders of interest for failing to secure said
agreement.
- Receipt
of shipment by the Consignee or the Consignee's agent without
written notification of damage or loss on the delivery receipt
and/or delivery manifest will be prima facie evidence that the
shipment was delivered in good condition.
- NONE OF OUR EMPLOYEES, OUR AGENTS, OR
REPRESENTATIVES, OTHER THAN AN OFFICER OF DRT, MAY WAIVE OR ALTER
ANY OF THE LIMITATIONS SET FORTH HEREIN.
XVII.
NEXT BUSINESS DAY DEFINED
For shipments tendered to us on Monday
through Thursday, the next business day is the following day, except
for holidays. For shipments received on Friday, the next business
day is Monday, except for holidays. For shipments received by DRT
on Saturday, the next business day is Tuesday, except for holidays.
If an earlier delivery date is requested, shipments are subject
to advance arrangements.
XVIII. NOTICE AND DISPOSITION OF PROPERTY
-
When shipments arrive at destination, we will promptly notify
the Consignee and/or the designated broker if we are not delivering
them to the Consignee.
- If
at the expiration of free storage time provided in Section XXXIII.
STORAGE a shipment containing non-perishable property is unclaimed
or delivery cannot be accomplished, we will notify the Shipper
and Consignee by mail or facsimile at the address shown on the
Air Waybill. Upon written instructions from the Shipper, unless
prohibited by local customs regulations or other regulations,
we will return the shipment, forward or reconsign it, or otherwise
dispose of it, at the Shipper's expense, which expense may include
without limitation substantial Dangerous Goods or Hazardous Waste
disposal fees where applicable. If no instructions are received
by us within 30 calendar days from the date of receipt of the
shipment at destination, we will dispose of the shipment at public
or private sale without further notice to the Shipper and Consignee
and with no further liability to us.
-
If a Shipper or Consignee desires notification
by collect telephone call, facsimile or telegram when a shipment
containing perishable property is delayed, threatened with deterioration,
unclaimed, or delivery cannot be effected, authorization and instructions
for such notification, including the name, telephone number, facsimile
number and/or address of the party to be notified, shall be given
on the Air Waybill. If such authorization and instructions are
not given, or if after reasonable attempt to comply therewith
we do not promptly receive further instructions concerning the
disposition of the shipment, we will take such steps as we deem
appropriate in our sole discretion, including rerouting the shipment
by other means of transportation or disposal of the shipment at
public or private sale, without further notice to the Shipper
or Consignee and with no further liability to us.
-
No sale or disposal pursuant to this provision shall discharge
any liability of the Shipper and Consignee or lien to any greater
extent than the proceeds thereof, less selling expenses, if any,
and the Shipper and Consignee shall remain liable, jointly and
severally, for any deficiency.
XIX. PACKING AND MARKING REQUIREMENTS
-
Shipments must be prepared or packed by the
Shipper or its agents, in accordance with the provisions of this
Section and all legal requirements, to ensure safe transportation
with ordinary care in handling.
-
Any article susceptible to damage by ordinary handling must be
adequately protected by proper packing and must be marked or bear
appropriate labels.
-
Any article susceptible to damage as a result of any condition
which may be encountered in transportation-such as high vibration,
high or low temperature variations, high or low atmospheric pressure
variations-must be adequately protected by proper packing and
any other necessary measures.
-
Shipments of Perishable Commodities:
-
U.S. and Canadian shipments must be packed to travel without
spoilage for 72 hours from the time of pickup.
-
All international shipments must be packed to travel without
spoilage for 24 hours beyond an agreed delivery deadline.
-
International shipments may be transported via DRT's International
Preferred or Standard Services using the most expeditious
direct, back-to-back consolidation service as agreed to by
DRT and the Shipper.
-
DRT reserves the right to periodically embargo regions of
the world due to conditions that may cause damage to perishable
commodities.
-
Each piece must be legibly and durably marked with the name and
address, including correct ZIP code of the Shipper and Consignee.
When a container is used repetitively by the Shipper, Shipper
must remove all old labels, tags, markings, etc., and Shipper
must ensure that the container retains adequate strength for transportation.
-
Pieces with a floor bearing weight in excess of 100 pounds (45.36
kilograms) per square foot must be provided with a skid or base
which will reduce the floor bearing weight to 100 pounds (45.36
kilograms) or less per square foot. Such skid or base must be
furnished by the Shipper and included in the gross weight of the
piece.
-
Shipments with a declared value for carriage of $100.00 (USD)
or more must be packed in outside containers with measurements
of at least one cubic foot in volume or more.
-
Shipments of artwork, original paintings, drawings, etchings,
water colors, and sculptures of any kind, must be packed in wood
crates of at least 1/4 inch (.64 centimeters) thickness which
completely surround the article being shipped and must be clearly
marked as to the nature of the contents. The Shipper must not
include glass facings in the same shipping container described
herein. If a glass facing is included, we will not be responsible
for any damage to the commodity therein.(See Section XVI, subsection
J.)
-
Dangerous Goods must be packaged, marked and labeled by the Shipper
in accordance with applicable regulations and these Terms.
-
Domestic shipments of perishables picked up on Friday must be
destined to an NEXT DAY Service point, include a Saturday delivery
request and will be subject to additional charges. International
shipments of perishables are subject to advance arrangements.
XX.
PAYMENT OF CHARGES
-
Rates and charges published herein are stated in United States
OR Canadian currency and are payable in lawful money of the United
States or such lawful money as DRT specifies.
-
All prepaid charges (i.e., shipment charges to be paid by the
Shipper) are payable by check at the time we accept the shipment,
and all collect charges (i.e., shipment charges to be paid by
the Consignee), are payable by check at the time we deliver the
shipment, except upon request by the Shipper or Consignee and
upon proof of credit standing acceptable to us, credit will be
extended for a period of 10 calendar days from the date of billing.
Any payment which is past due shall be subject to an additional
charge at the rate of 3-1/2% per month of the outstanding balance
due, or the highest rate of interest permitted by applicable law,
whichever is less. Cash will not be accepted by our employees
as a form of payment.
XXI. PICKUP AND DELIVERY SERVICE
-
Pickup and/or delivery service will be provided during normal
business hours Monday through Friday (except certain holidays).
-
Pickup and/or delivery service will not be provided to or from
any address not directly accessible to vehicles or where it is
impractical to operate a vehicle.
-
At buildings where our employees are not permitted access to floors
above the ground floor:
-
We will pick up shipments only when tendered at the ground
floor, and
-
We will deliver shipments to the person whose duty it is to
receive property for the occupants of such buildings, which
will constitute delivery to Consignee.
-
Loading and unloading incidental to pickup and delivery service
will ordinarily be performed by one person. Pickup and delivery
service will not be provided for pieces which cannot be handled
by one person unless advance arrangements have been made, including,
where necessary, the furnishing of additional people and equipment
by the Shipper or Consignee. The Shipper and Consignee shall indemnify,
protect, defend and hold us harmless from and against any and
all claims, liabilities, fines, penalties, damages, costs or other
sums (including attorneys' fees and costs) related to personal
injury (including death) or property damage arising from or related
to the acts or omissions of the people or equipment furnished
by Shipper or Consignee for the loading or unloading process.
-
When vehicles are held for loading or unloading
in excess of 15 minutes, an additional charge will be assessed.
Charges based on time will be computed by multiplying the hourly
rate by the time involved. (See DRT's Accessorial Guide for
a listing of current charges).
-
If, at the customer's request, a vehicle other than our own does
the pickup or delivery within the pickup and delivery zones defined
in our Service Guide, a handling fee will be assessed, and DRT
shall have no liability for the shipment during such pickup or
delivery. In addition, the trucker's actual amount + a mark up
will be re-billed to the payor of the shipment. (See DRT's
Accessorial Guide for a listing of current charges).
-
Any pickup or delivery requested and made after normal business
hours on Monday-Friday or on a legal holiday or on Saturday or
Sunday, will be subject to advance arrangements and additional
charges. After hour delivery charges for Sunday and legal holidays
apply until the start of normal business hours on the next business
day.H. Saturday Pickup and Delivery Service (U.S. & Canada
only):
-
All shipments requiring Saturday delivery must move in DRT's
Next Day Service. Saturday pick-up and delivery is not available
for our Second Day Service or Deferred Service shipments.
-
Shipments requiring a Saturday pickup or delivery service
will be assessed an additional charge, in addition to all
other applicable charges.
-
Saturday pickup and delivery service is available for Next
Day Service points within the continental United States only.
-
Saturday pickup service is available on request if advance
arrangements are made with us. Shipments delivered on Saturday
will be charged the applicable Next Day rate in addition to
a Saturday delivery charge.
-
Shipments picked up on Friday will be scheduled to be delivered
by 5 p.m. Saturday, if requested. Shipments picked up by us
on Friday will be available at the destination Service Center
for pickup on Saturday until 12 noon.
-
Saturday charges will apply regardless of whether the shipment
is being delivered to or picked up from our Service Center.
(See DRT's Accessorial Guide for a listing of current charges).
-
Residential pickup or deliveries will be assessed an additional
charge in addition to all other applicable charges. (See DRT's
Accessorial Guide for a listing of current charges).
-
Pickup or Delivery to or from a Convention or Tradeshow site will
be assessed an additional charge in addition to all other applicable
charges. (See DRT's Accessorial Guide for a listing of current
charges.)
XXII.
PROOF OF DELIVERY
When
requested by the Shipper or Consignee, we will furnish, as proof
of delivery, a copy of the delivery record signed by the Consignee
or designated agent. An additional charge per copy will be assessed
for this service. (See DRT's Accessorial Guide for a listing
of current charges).
XXIII. RATES
The
applicable rates and charges for services are those in effect on
the date we receive the shipment. The following shipments will be
charged NEXT DAY Rates and in addition will be assessed the surcharges
below:
-
Live animals for medical laboratories (See Section XXVII. SHIPMENTS
NOT ACCEPTABLE) - 100% surcharge.
-
Cut Flowers - 50% surcharge.
- Furs-
(See Section XXVII. SHIPMENTS NOT ACCEPTABLE) - 50% surcharge.
-
Neon signs - 75% surcharge.
-
Self-propelled surface vehicles - 100% surcharge.
XXIV.
RE-DELIVERY SERVICE
A
shipment which, through no fault of ours, cannot be delivered on
the first tender of delivery to the Consignee, will be returned
to our Service Center and the Consignee will be notified. Redelivery
will be made only upon request of the Consignee. An additional charge
will be assessed for re-delivery. (See DRT's Accessorial Guide
for a listing of current charges).
XXV.
ROUTING AND RE-ROUTING
We
will determine the routing, method and modes of transportation of
all shipments. We reserve the right to route or re-route the shipment
in any way we deem appropriate and to divert any shipment (including
use of other carriers) for any purpose in order to facilitate delivery.
Shipper and/or Consignee agree that there are no stopping places
which are agreed at the time of the tender of the shipment, and
that DRT may, without notice, substitute alternate carrier or aircraft,
deviate from any route, or cause the shipment to be transported
by any mode we deem appropriate. Shipper and Consignee expressly
authorize DRT to subcontract part or all of the services, and these
Terms incorporate by reference the terms and conditions of DRT's
contract with, and to the exclusion of, any such subcontractors.
In the event of a conflict between these Terms and the terms and
conditions of any subcontractor used by us, these Terms shall prevail.
XXVI.
SHIPMENTS ACCEPTABLE
Shipments
are acceptable for transportation only when the rules and regulations
shown herein and all laws, ordinances, and other governmental rules
and regulations governing the transportation thereof have been complied
with by the Shipper and/or Consignee. We reserve the right to refuse
any shipment for any reason at our sole discretion.
XXVII. SHIPMENTS NOT ACCEPTABLE
The following shipments will not be acceptable
for transportation by DRT:
-
Corpses or cremated or disinterred remains.
-
Live animals (including birds, fish, reptiles, or insects), except
mice, rats, toads, frogs or leeches destined to or originating
from medical laboratories within the United States or Canada.
-
Shipments of gold or other precious metals including but not limited
to bronze, copper, gold or silver coins, coin collections, gems,
and precious stones.
-
Postage, trading or revenue stamps, and stamp collections.
-
Money, currency, bonds, bills of exchange, deeds, promissory notes,
negotiable securities and stock certificates, and other documents
of inherent value.
-
Antiques.
-
Original manuscripts, electronic data or prototypes for which
no other copy or replacement exists.
-
Stringed instruments including but not limited to violins, violas,
cellos, bass violins, guitars, mandolins or banjos.
-
Uncrated, unwrapped or otherwise improperly packaged furniture
or household goods.
-
Shipments consigned ''To Order of'', ''To Order Notify'', or other
similar designations.
-
Shipments requiring special care or attention between origin and
destination, other than as provided in Sections IX and XXXVI.
-
Shipments requiring a DOT or IATA toxic or poison label, as a
primary or subsidiary risk.
-
Hazardous waste materials.
-
Shipments requiring a DOT or IATA Explosives
1.1, 1.2, 1.3, 1.4F, 1.5 or 1.6 label, ''Infectious Substance''
label, or ''Etiologic Agent'' label.
-
Shipments not accompanied by proper documentation required by
a treaty, convention, statute or regulation applicable to such
shipments.
-
Shipments of an inherent nature for which transportation could
not be furnished without sustaining loss or damage, including
but not limited to the following shipments if they have a glass
facing included in the same shipping container: artwork, original
paintings, drawings, etchings, water colors, and sculptures of
any kind.
-
Shipments requiring a federal, state or local license for transportation,
with which DRT elects not to comply.
-
Shipments which could cause damage to other shipments, equipment
or crew, or the carriage of which is prohibited by law.
-
Shipments that are improperly packaged. Acceptance by us of any
shipment shall not create a presumption that the shipment was
properly packaged for carriage, and Shipper remains ultimately
responsible to ensure proper packaging.
- Nursery
stock or plants.
-
COD (Cash On Delivery) shipments.
-
Fireworks.
-
Additional exclusions from Second Day or Deferred Service: Mice,
rats, toads, frogs or leeches destined to or originating from
medical laboratories within the United States or Canada, perishable
items, jewelry, furs, firearms, any item of extraordinary value,
or Dangerous Goods.
-
Additional exclusions from our International Express Service:
Animals and plants, foodstuff, perishables, feed or other edible
material intended for consumption by humans or animals, Dangerous
Goods, drugs (prescription and non prescription), firearms, weaponry
and parts thereof, ''in bond'' shipments, cosmetics, gambling
devices, liquor, tobacco, pornography, and other shipments which
are prohibited by law.
-
Additional exclusions from our Guaranteed Service: Residential
Deliveries, shipments with origination or destination points within
Alaska or Hawaii, and shipments containing Dangerous Goods.
-
Lottery Tickets and other documents of inherent value.
XVIII. SHIPMENTS SUBJECT
TO ADVANCE ARRANGEMENTS
The
following will be accepted for carriage only upon advance arrangements,
and only when such advance arrangements have been satisfactorily
completed.
-
Shipments of live animals comprised of or containing mice, rats,
toads, frogs and leeches destined to or originating at medical
laboratories in the United States or Canada will be accepted for
transportation subject to the following provisions and only when
such animals are harmless, inoffensive, odorless, and require
no attention in transit
-
Such shipments must be boxed or crated by the Shipper so as
to prevent escape, ensure safe transportation with ordinary
care in handling and assure protection to any person handling
the shipment.
-
All laws, ordinances, or government rules and regulations
governing the transportation of live animals must
be complied with by the Shipper.
-
We assume no liability for the conduct or acts of the animals
to themselves or to each other (such as biting, kicking, goring
or smothering), nor for loss or damage arising from delay
or from the condition of the animals themselves or any such
condition resulting from the carriage, or which results from
their nature or propensities.
-
Any shipments having a declared or insured value of $5,000.00
(USD) or more.
-
Shipments containing pieces measuring in excess of120 inches (304.80
centimeters) in length, 84 inches (213.36 centimeters) in width,
76 inches (193.04 centimeters) in height, or that are otherwise
restricted by their height/contour/profile from fitting in our
single, standard "A" container (as shown in Section
VI).
- Perishables
such as fresh fruits, vegetables or other perishable foods or
cut flowers.
-
Shipments requiring pickup or delivery of packages which cannot
be handled by one individual.
-
Shipments of excessive weight or size.
-
Transportation Protective Services ("T.P.S.") shipments
(See Section XXXVI. TRANSPORTATION PROTECTIVE SERVICES ("T.P.S.").
-
Shipments requiring special devices for safe handling.
-
Multi-piece or unusually sized Dangerous Goods.
-
Saturday pickups.
-
Next Flight Shipments.
-
Priority Service shipments.
- Customized
Transportation's Van Service shipments (See Section IX. CUSTOMIZED
TRANSPORTATION'S VAN SERVICE).
XXIX.
SHIPMENTS SUBJECT TO DELAY
The following conditions may delay delivery of the shipment to the
Consignee:
-
If the dimensions of the shipment are too
large for available aircraft. (As described in Section XXVIII.C.)
-
Shipments that are improperly or inadequately packaged, labeled,
or marked or that lack proper documentation.
-
Shipments, tendered by a beyond carrier or by the Shipper, which
do not enter our system in time to meet our departure times or
critical processing requirements.
-
Shipments for which the Shipper has omitted or provided an incorrect
Consignee address or ZIP code on the Air Waybill.
-
Shipments requiring government approvals, licenses, permits or
processes prior to export.
-
Shipments difficult to handle, including oversized or unwieldy
shipments.
-
Shipments where Shipper instructs us (either by instruction on
the Air Waybill or marking or labeling on the shipment) to refrain
from breaking down a palletized shipment.
-
Dangerous Goods.
-
Shipments requiring customs clearance and shipments subject to
government agency requirements other than customs clearance, such
as inspection of plant materials.
XXX. SHIPMENTS SUBJECT TO INSPECTION
We may, but shall not be obligated
to, inspect any shipment. Cargo items tendered for air transportation
may be subject to aviation security controls by air carriers, or
other government regulations. Copies of all relevant shipping documents
showing the Consignee, consignor, description and other relevant
data will be retained on file until the shipment completes its air
transportation.
XXXI. SHIPMENTS SUBJECT TO SPECIAL CONDITIONS
- Shipments
requiring special devices for safe handling will be accepted only
when such special devices are provided and operated by and at
the expense of the Shipper or Consignee.
-
Furs, Dangerous Goods, live animals, and items with a declared
or insured value of $5,000.00 (USD) or greater, must not be included
in the same shipment with any other article.
-
Alcoholic beverages must be shipped from a licensed dealer or
distributor to another licensed dealer or distributor and will
only be accepted on an airport to airport basis.
-
Firearms must be shipped from or consigned to a licensed manufacturer,
licensed importer, licensed dealer or licensed collector who is
not prohibited from such shipments by federal, state or local
regulations.
NOTE:The
Shipper is required to comply with all applicable government regulations,
laws, etc., including regulatory compliance by the Consignee. The
local Alcohol, Tobacco and Firearms (ATF) Divisional Office or local
equivalent agency will supply the Shipper with needed assistance.
Upon presenting the package for shipment, the Shipper is required
to inform Emery personnel in writing that the package contains firearms
or ammunition.
XXXII.
SHIPPER'S INTEREST INSURANCE-INTERNATIONAL SHIPMENTS
We
will arrange for Shipper's Interest Insurance for any shipment from
or to an international point if an amount of insurance is entered
in the insurance section of the Shipper's Letter of Instructions
or the Air Waybill. We accept no responsibility or liability for,
and the Shipper and Consignee waive, release and discharge DRT and
its directors and employees from, Shipper's or Consignee's failure
to comply with the terms and conditions of the Shipper's Interest
Insurance policy. Policy terms and conditions apply.
The
insurance covers the shipment against all risks of physical loss
or damage from most external causes. (See exclusions listed below.)
Coverage begins when the Shipper's Letter of Instructions or the
Air Waybill is issued and the shipment has been delivered to us,
our agent or forwarder, and continues until the shipment has been
delivered to the final destination point named in the Air Waybill
or the Shipper's Letter of Instructions, or when the Consignee or
Consignee's agent has taken possession.
The
amount of insurance requested (in whole dollars) should be equal
to the value of the shipment (lesser of replacement cost or sales
price) plus insurance, incurred duty and the freight charges, plus
10%. A premium per $100.00 (USD) of insurance requested will be
charged and billed. (See DRT's Accessorial Guide for a listing
of current charges). Advance arrangements must be made for requested
insurance greater than $5,000 (USD) (see Section XXVIII. SHIPMENTS
SUBJECT TO ADVANCE ARRANGEMENTS), and in no event shall the
amount of insurance requested exceed $100,000 (USD). Any amount
of insurance requested in excess of the maximum allowed herein is
null and void, and the acceptance by us for carriage of any shipment
with an insurance amount in excess of the allowed maximum does not
constitute a waiver of this maximum.
All
claims must be made in accordance with Section VIII.D. EXCLUSIONS:
Loss or damage caused by or resulting from delay, deterioration,
loss of market, nuclear reaction, radiation, radioactive contamination
or improper packaging is not covered under this policy.
XXXIII.
STORAGE
-
Shipments will be held by us at destination without charge for
three (3) calendar days (excluding Saturdays, Sundays, and Legal
Holidays), computed from the first 8:00 a.m. following notification
to the Consignee of the arrival of the shipment. Storage charges
will not be assessed on shipments lacking proper documentation
when advance arrangements have been made with us in writing by
the Shipper or the Shipper's agent.
-
After the expiration of such free time, we will continue to hold
such shipments for the Shipper and Consignee, subject to an additional
charge per shipment per calendar week or prorated portion thereof.
If such continued holding is not practical, we will place the
shipment in a public warehouse at the expense of the Shipper and
Consignee, subject to a lien against the Shipper and Consignee
for all transportation, storage, delivery, warehousing, and other
charges, including additional handling charges. (See DRT's
Accessorial Guide for a listing of current charges).
-
When the shipment is held by us after the expiration date of such
free time while awaiting delivery instructions, our liability
for the shipment shall terminate.
-
Except as otherwise agreed in writing, shipments will be held
for a period of time not to exceed thirty (10) calendar days from
the first 8:00 a.m. following the receipt of the shipment. At
the expiration of thirty (10) calendar days, we will return the
shipment or part of the shipment to the Shipper at the Shipper's
expense, subject to a lien for all charges applicable to the shipment
or part thereof, or we will dispose of the shipment in accordance
with Section XVIII. NOTICE AND DISPOSITION OF PROPERTY, Subsection
B, if it is not feasible to return it to the Shipper.
-
Our lien rights shall apply to all shipments which are stored
pursuant to these Terms.
-
Calendar week means a period of seven (7) successive calendar
days, including Saturdays, Sundays, and legal holidays.
XXXIV.
SURCHARGE
If unforeseen economic conditions
(including, but not limited to, fuel price increases, regulatory
changes, etc.) change DRT's cost providing services, DRT reserves
the right to increase its rates and charges or impose applicable
surcharges to cover such increased costs without notice. Any such
surcharge will be applied in an equitable manner to all shipments
having similar characteristics and will be applied for such periods
as we may determine necessary.
XXXV. TARIFF COPYING CHARGES
We will furnish copies of tariff pages on request.
A service charge will be assessed for each copy/page furnished.
(See DRT's Accessorial Guide for a listing of current charges).
FINAL NOTICE:ON
YOUR FIRST SHIPMENT WITH DRT YOU IMMEDIATELY AGREE TO OUR TERMS AND
CONDITIONS AND YOU IDEMIFY AND HOLD HARMLESS DRT LOGISTICS AND IT'S
DIRECTORS AND EMPLOYEES FROM ANY AND ALL LIABILITIES, WHETHER THEY
ARISE IN CONTRACT OR ANY OTHER FORM OF CIVIL ACTION, INCLUDING NEGLIGENCE:
CONSEQUENTIAL OR SPECIAL DAMAGES OF LOSS, OTHER INDIRECT LOSS, BREACH
OF OTHER CONTRACTS, LOSS INCOME, PROFITS,INTERESTS, MARKETS AND USE
OF CONTENTS. ALL LIABILITIES, IRREGARDLESS OF HOW IT MAY ARISE ARE
SUBJECT TO A MAXIMUM OF $100.00 CDN. |