Application of these Service Conditions
- Frontline Carrier Systems Inc. ["Frontline"] offers its services to its customers on the basis of these Service Conditions that apply to all activities of Frontline in arranging transportation or related services for its Customers.
- Any reference to the word "customer" in these Service Conditions refers to the person or company who contracts Frontline's services (hereafter, "Customer"). Reference to ?Customer? shall also include any i) agent or representative acting for such person or company who contracts Frontline and ii) anyone who provides information to Frontline in connection with a shipment or for any other purpose.
- Frontline is a broker intermediary. It is not a carrier of goods. It arranges the carriage of freight by independent third party carriers. The contract of carriage for goods carried for a Customer is between it and the carrier who issues a bill of lading to Customer. In this regard while Frontline may offer a form of bill of lading to a Customer for use this is offered as a convenience only. In the event that Frontline?s name or other identification of Frontline appears on any bill of lading Customer acknowledges that the contract for the carriage for its goods is between it and the aforesaid carrier.
- Frontline reserves the right to modify, amend or supplement its rates, the nature of its services and these Service Conditions without notice.
- Customer is responsible for disclosing to the carrier any special handling, storage, security or instructions or needs for a shipment. Customer (or its shipper, if a different person or entity) is also solely responsible for declaring a value on a bill of lading. Customer acknowledges that by declaring a value on a bill of lading that that may result in a freight surcharge from the carrier and that accordingly any freight invoice as may be provided it by Frontline will be modified to the extent of the billing of any related surcharge by the carrier.
- The Customer is responsible for advising Frontline and the carrier if any shipment[s] concern hazardous or dangerous goods, as defined by applicable local, provincial, state or federal legislation or regulation.
- Customer should be aware that different laws, and defences including limitation of liability regimes may apply depending on the origin point where a shipment originates.
- The Customer, or its shipper representative at origin tendering freight to a carrier remains responsible for any count, inspection, packaging [and internal securement of goods] and assurance that the shipment is transitworthy for carriage.
- In any event of the foregoing, any liability, whether for breach of any contract or duty or in negligence, as may be alleged as against Frontline in connection with any shipment is limited to the lesser of:
a. the actual value of the goods lost or damaged at the time and place of origin;
b. an amount equal to $2.00 CDN per pound, as calculated by the value of the goods actually lost or damaged.
- Customer agrees that in no event shall any liability of Frontline exceed an amount of $100,000 CDN in respect of any loss or damage to a shipment.
- The Customer agrees that it will in no event file a claim against Frontline, as based on any cause of action, where the amount calculated under clause 14 above results in a claim of less than $100 CDN.
- The Customer agrees that Frontline shall in no event be liable whatsoever for any claims in respect of indirect or consequential damages, including but not limited to claims for delay in delivery of goods to destination.
- As there may exist time deadlines to file a notice of intent to claim on a carrier it is recommended that Customer immediately provide Frontline with notification of a loss, damage or delay to a shipment immediately. When you notify Frontline of a problem with a shipment, Frontline will, acting as Customer?s agent, make reasonable attempts at providing the carrier with details of the problem together with a Notification of Intent to Claim against such carrier to protect your interests. Frontline will, acting as the Customer's agent only, facilitate resolution of the claim by providing necessary claims information to the carrier and acting as intermediary between the Customer and the carrier as the claim is processed.
- Frontline and the Customer agree these Service and Conditions, and any and all services provided by Frontline shall be governed by and construed in accordance with the laws of the province of Ontario. Frontline and the Customer submit to the exclusive jurisdiction and venue of the court of the province of Ontario.