The following terms and conditions apply and govern your use of DeliverEase and related services including this website, your use of this site will establish your agreement, on behalf of yourself and the entity you represent (“you” or “your” or “Customer”), to all of the terms and conditions provided below.
DeliverEase is a shipping service provided by BBE Expediting Ltd. (the “Service Provider”). The Service Provider agrees to provide delivery services as requested by the Customer. The Customer will provide instruction on the method of delivery of the Cargo and the delivery agent, and the Service Provider shall be responsible to provide the service requested and engage third party delivery agents to pick-up and deliver product to their destinations in accordance with the Customer’s instructions.
Ground Service: Ground service delivery agents, costs and service level will be selected by the Customer during the order process. The provision of ground service by the Service Provider shall be governed by the Canadian International Freight Forwarding Association’s (“CIFFA”) Standard Trading Conditions, in addition to the within terms and conditions. In the provision of ground service, the Service Provider will be responsible for entering into an agreement directly with the delivery agents to arranging transportation, procurement and/or provide related services, such as, but not limited to, packaging, warehousing and any other kind of logistics services. See link below to the CIFFA Standard Trading Conditions (as amended from time to time) applicable herein: https://www.ciffa.com/wp-content/uploads/2014/07/CIFFA-STCs-2016-English_Rebrand.pdf
Air Cargo Service: Air cargo service delivery agents, costs and service level will be selected by the Customer during the order process. The provision of air cargo service by the Service Provider shall be governed by the applicable air cargo service delivery agent’s air cargo tariffs, in addition to the within terms and conditions. See links below to air cargo delivery agents cargo tariffs:
OTHER TERMS AND CONDITIONS
- In tendering the cargo (“Cargo”) described herein for delivery, the Customer agrees to these terms and conditions of contract, which no agent or employee of the parties hereto may alter, and agrees that this bill of lading is non-negotiable and has been prepared by the Customer or on Customer’s behalf by the Service Provider.
- Exclusion – The Service Provider shall not be liable for loss, damage, delay or other result caused by the acts of God, the act or default of the Customer or consignee, the nature of the shipment, or violation by the Customer or consignee of any of the tariffs or regulations, shipments whose contents are liable to deteriorate or perish due to change in climate, temperature, altitude or other ordinary exposure, or because of the length of time in transit, which will only be accepted without responsibility.
- Limitation ground services
- Compensation for any claim for which the Service Provider is liable shall not in any event exceed 2 SDR (SDR = Special Drawing Rights) per kilo of the gross weight of the goods that are the subject of the claim. Without prejudice to any other conditions herein or other defences available to the Service Provider, in no circumstances whatsoever shall the Service Provider be liable to the Customer or owner for:
- consequential or indirect loss, including loss of market, except as provided for in paragraph (2);
- loss of, damage to or consequential or indirect loss caused by delay or deviation in connection with the transport of goods in a sum in excess of twice the difference between the charges invoiced by the Company and amounts paid by the Service Provider to third parties for transport or other service related to those goods;
- amounts in excess of a maximum recoverable of 75,000 SDR's per transaction.
- Upon the Customer's written request, the Service Provider may accept liability in excess of these limits provided the Customer pays the Service Provider's additional charges for such increased liability. The Customer can obtain details of these charges from the Service Provider.
- Limitation air cargo services
- If the delivery involves an ultimate destination or stop in a country other than the country of departure, the Montreal Convention 1999 may be applicable and the convention governs and, in most cases, limits the liability of the Service Provider in respect of loss, damage or delay of the Cargo to CAD $1.10 Per Kilogram, unless a higher value is declared in advance by the Customer and a supplementary charge paid if required.
- In delivery to which the Montreal Convention 1999 does not apply, the Service Provider’ liability in the event of loss, damage or delay, whether it be caused by the negligence of the Service Provider or otherwise, is limited to CAD $1.10 per kilogram unless a higher value is declared on the air waybill. The Service Provider shall not be liable for any consequential or special damages including, but not limited to, loss of profits or incomes, whether or not the Service Provider had knowledge that such damages might be incurred.
- Air Shipments of Extraordinary Value – special rules and limitations apply pursuant to the domestic air cargo tariff of the carrier selected by the Service Provider.
- Insurance – Insurance on the Cargo, is available upon request to the Service Provider, but shall not be provided unless explicitly stated on the booking instructions.
- Claims against the Service Provider must be made in writing within 120 days from the date of issue of the bill of lading. Claims for overcharges must be made in writing within 180 days from the date of issue of the bill of lading. Damage and/or loss discovered by the Customer after delivery and after a clear receipt has been given to the Service Provider at destination must be reported to the Service Provider in writing within 15 days after delivery of the shipment. No claim for loss, damage or delay to a shipment will be entertained until all transportation charges have been paid.
- The Service Provider shall make reasonable efforts to comply with any special instructions given by the Customer, but make no warranty and provide no guarantee that special instructions will be complied with.
- If the weight and dimension provided during the order process are different than what is received by the Service Provider and that discrepancy leads to a change in the Service Provider’ fees for the Delivery, the Service Provider reserves the right to hold your Cargo until the additional fees are paid by the Customer.
- All content contained within the site is owned by the Service Provider. DeliverEase is provided for the sole use of providing an online shipping service to quote, ship and track goods.
- Data. - All data collected from the Customer and in regard to the Delivery shall be the exclusive property of the Service Provider and may be stored, used and shared by the Service Provider and others for marketing purposes, you hereby consent to the use and disclosure of such collected information.
- Force Majeure. - If the Service Provider is prevented from or delayed in their performance of any services contracted for with the Customer as a result of fire, floods, epidemics, inclement weather, an act of God or of the public enemy, an order of a government authority, or a labour dispute, the time for performance of that service shall be extended by the length of time it is so prevented or delayed. If any event of force majeure that:
- disrupts, or threatens to disrupt, the Service Provider’s operations; or
- if the event of force majeure lasts for more than thirty (30) days; or
- if the event of force majeure results in the frustration of the Delivery ordered by the Customer, the Service Provider may cancel this delivery agreement by written notice, termination all obligations and liabilities imposed on it by this delivery agreement except for the obligation to pay the reasonable costs and expenses incurred by the Service Provider in the course of its performance of this delivery agreement prior to such notice of cancellation, not to exceed the price to be paid by the Customer hereunder for such cancelled delivery. The Service Provider shall notify the Customer of the delay in writing as soon as reasonably possible (and in no event later than five (5) days after the beginning of any cause for delay).
- Delivery. - Nothing stated in these terms and conditions or any verbal estimate as to the delivery timing of the Cargo should ever be interpreted as a guarantee or assurance of delivery time. Delivery pursuant to the Customer’s instructions will begin as soon as is practical for the Service Provider and delivery will be effected when reasonably practical to do so, given all the circumstances of the delivery, the Cargo and the Service Provider.
- No Guarantee or Warranty. - The Service Provider expressly disclaims all representations, warranties, or conditions of any kind with respect to the delivery services provided hereunder, whether express or implied, including, but not limited to, the implied warranties or conditions of condition, delivery time, merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement. The Service Provider does not warrant that the Delivery Services will meet the Customer’s requirements or be uninterrupted, timely, secure, or error-free, or that defects will be corrected. No verbal estimate as to the effectiveness of the Delivery should ever be interpreted as a guarantee of results.
- Indemnity. - The Customer shall indemnify the Service Provider against all duties, taxes, payments, fines, expenses, losses, claims and liabilities, including without limitation any storage, demurrage, port, or terminal charges and any liability to indemnify any other person against claims made against such other person by the Customer or by a third party
resulting from or connected with the actions of the Service Provider related to any service to which these Conditions apply.
- for which the Service Provider may be held responsible unless caused or contributed to by any negligence or breach of duty of the Service Provider, or
- in excess of the liability of the Service Provider in accordance with these Conditions,
- Illegal Shipments and Unsafe or Dangerous Cargo. - The Service Provider reserves the right to terminate any delivery at any time if the Customer, Cargo, or delivery of the Cargo becomes unsafe in the sole opinion of the Service Provider or their agents, or if the Service Provider become aware of a contravention of any laws, regulations, rule or procedures applicable herein. Under no circumstances shall the Service Provider be liable to the Customer or any third party for anything resulting from the Delivery of illegal, unsafe or dangerous Cargo (as judged in the sole discretion of the Service Provider acting reasonably) and the Customer shall save harmless and indemnify the Service Provider for all losses, claims and expenses related thereto.
- Choice of Law. – These Terms and Conditions shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein and the parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of Alberta.
- No Waiver. - The silence, failure or delay by a party in exercising any right hereunder shall under no circumstances be interpreted or construed as a waiver of such right by said party; the latter may avail itself of such right until such time as it contractually or legally expires.