Limitation of Liability
Received at the point of origin on the date specified from the consignor mentioned herein the property herein described in apparent good order except as noted (contents and condition of contents of package unknown and not deemed unacceptable for consignment as described herein) marked, consigned and destined as indicated below which the carrier agrees to carry and deliver to the consignee at the said destination if on its own authorized route of otherwise to cause to be carried by another carrier on the route to said destination subject to the rates and classification in effect on the date of shipment.
It is mutually agreed as to each carrier of all or any of the goods overall of any portion of the route to destination and as to each party of any time interested in all or any of the goods that every hereunder shall be subject to all the conditions printed or written, including conditions herein which are hereby agreed by the consignor and accepted for himself and his assigns.
Generally, non-consignable items are, but are not limited to, any item that is prohibited by law (e.g., illegal, obscene, fraudulent) for which the importing or mailing contravenes an Act of Parliament that fails to meet certain physical characteristics or marking requirements that contains products or substances that could cause injury to those handling the consigned item, cause damage to equipment or other consigned items.
Any item is considered unacceptable for consignment if:
[A]it is or contains any dangerous substance or article prohibited by law or defined as a dangerous good
[B]it does not meet the size and weight specifications for a given service
[C]it may soil, taint or damage shipments or shipping equipment, expose a person to danger or emit offensive odours
[D]it contains food perishables or live animals that do not meet applicable shipping requirements
[E]it is improperly prepared or insecurely packed or wrapped.
The customer is soley responsible for, and has the responsibility of ensuring that the contents of an item can be shipped under Canadian legislation, including but not limited to the Criminal Code, the Tobacco Act, the Transportation of Dangerous Goods Act and Regulations, the IATA (International Air Transport Association) or the ICAO (International Civil Aviation Organization) Dangerous Goods Regulations and all applicable laws. Without limiting that responsibility, by consigning an item with Fireball Express Courier the customer represents to Fireball Express Courier that the item has been properly prepared and paid for, does not constitute non-consignable items, and that the consignment of that item is permitted by applicable law. The customer acknowledges that in accepting an item for consignment, Fireball Express Courier may expressly rely on that representation from the customer.
Notice of Claim
No carrier is liable for loss, damage or delay to any goods under the bill of lading unless notice thereof setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage of delay is given in writing to the originating carrier or the delivering carrier within sixty (60) days after the delivery of the goods or in the case of failure to make delivery within nine (9) months from the date of shipment
[A] The final statement of the claim must be filed within nine (9) months from the date of shipment together with a copy of the paid freight bill.
[B] Maximum liability of $2.00 per lb. ($4.40 per kilogram) computed on the total weight of the shipment unless declared valuation stated otherwise, and will be surcharged at 2%.