1. ROLE OF CONTINENTAL CONNECTIONS ("the COMPANY")
The Company offers its services on the basis of these conditions
that apply to all activities of the Company in arranging transportation
or providing related services, such as, but not limited to,
warehousing and any other kind of logistics services. The
Company may provide its services as either
principal or agent. The Company acts as agent of the Customer,
i. where it issues a transport document or electronic record
evidencing its obligation for the delivery of goods, or
ii. to the extent it physically handles goods by its own employees
and equipment in the course of performing any service in which
cases it acts as principal,
but whether acting as principal or as agent these conditions
govern the rights and liabilities of the Customer and the
Company. Advice and information that is not related to instructions
accepted by the
Company is provided gratuitously and without liability. Advice
is for the Customer only and is not to be furnished to any
other party without prior written consent.
2. ROLE AS AGENT
When acting as an agent, the Company acts solely on behalf
of the Customer in engaging the services of third parties
on the usual terms and conditions on which the third parties
offer such services for the carriage, storage, packing or
handling of any goods, or for any other service in relation
to them, thereby establishing a direct contract between the
Customer and the provider of such services capable of being
enforced by the Customer as principal, whether or not the
Customer is identified in the
contract. The Company shall on demand by the Customer provide
evidence of any contracts made on its behalf.
3. OTHER SERVICES
Where requested by the Customer the Company may
i. issue a transport document or electronic record by which
it as principal undertakes carriage of particular goods; or
ii. guarantee in writing proper performance of the terms of
any contract between the Customer and a third party whose
services the Company has engaged on behalf of the Customer.
As guarantor the
Company is liable only to the same extent as the third party
whose actions have been guaranteed, as may be limited by the
conditions on which that party customarily offers its services.
Where it issues a transport document or electronic record,
or provides a guarantee, the rights and obligations of the
Company will be governed by the special conditions therein
in addition to these Conditions. In the event of any inconsistency
the special conditions prevail.
4. SERVICES REQUIRING SPECIAL ARRANGEMENTS
The Customer must give instructions in writing to the Company
a reasonable time before the tender of goods for storage or
transport where it requests the Company to:
i. arrange for the departure or arrival of goods before specific
ii. arrange for goods to be carried, stored or handled separately
from other goods;
iii.arrange for the transport of goods that may taint or affect
other goods, or may harbour or encourage vermin or pests;.
iv.make a declaration of value or special interest in delivery
to any carrier or terminal;
v. direct carriers or delivery agents to hold goods until
payment of any amount or until surrender of a document;
vi. arrange for the transport of goods of unusual high value,
luxury goods, currency, negotiable Instruments or securities
of any kind, precious metals or stones; antiques or art; human
remains, livestock or plants, or any other comparable cargos.
Where for any reason it does not accept such instructions,
the Company must promptly so advise the Customer by any means
of communication used in the ordinary course of business.
If it continues to use the Company's services for the contemplated
transport, the Customer assumes all risks connected with the
non-performance of such instructions, whether caused or contributed
to by the Company's negligence or not.
5. THE COMPANY'S GENERAL RESPONSIBILITIES
1. The Company shall exercise reasonable care in the discharge
of its obligations including the selection and instruction
of third parties that provide any services engaged on behalf
of the Customer.
2. The Company shall arrange transport and any related services
within a reasonable time after receiving the Customer's instructions.
3. If it has reasonable grounds for departing from any of
the Customer's instructions, the Company can do so without
prior authorization from the Customer, but must act with due
regard to the interests of the
Customer, and, as soon as possible, inform the Customer of
its actions and any additional charges resulting therefrom.
6. CUSTOMER'S GENERAL RESPONSIBILITIES
1. The Customer shall be deemed to be competent and to have
reasonable knowledge of matters affecting the conduct of its
business, including terms of purchase and sale, the need for
insurance and the extent of coverage available for the type
of goods being tendered for shipment, the need for care to
avoid viruses by electronic communications, the need for confidential
handling of information relating to high value goods, and
all other matters relating thereto.
2. The Customer warrants that all information in whatever
form relating to the general and dangerous character of the
Goods, their description, Bar-Coding, marks, number, weight,
volume and quantity of the Goods, as furnished by the Customer
or on its behalf, was accurate and complete at the time the
Goods were taken in charge by the Company or any third party
whose services it has engaged. The Customer further undertakes
to provide independent confirmation of such particulars on
the request of the Company.
7. CUSTOMER'S RESPONSIBILITY FOR PACKAGED AND
1. Except where the Company has accepted instructions in
respect of the preparation, packing, stowage, labeling or
marking of the goods the Customer warrants that all goods
have been properly and
sufficiently prepared, packed, stowed, labeled and/or marked,
and that the preparation, packing, stowage, labeling and marking
are appropriate to any operations or transactions affecting
the goods and
the characteristics of the goods.
2. Unless the Company has accepted instructions to arrange
for or to perform the loading of a transport unit by its employees,
the Customer warrants that:
i. the transport unit has been properly and competently loaded;
ii. the goods are suitable for carriage in or on the transport
iii.the transport unit is in a suitable condition to carry
the goods loaded therein (save to such extent as the Company
has approved the suitability of the transport unit).
8. C.O.D. SHIPMENT
When goods are accepted or dealt with upon instructions to
collect freight, duties, charges or other expenses from the
Consignee or any other person the Customer shall remain responsible
for the same if they are not paid by such Consignee or other
person immediately when due.
9. CHANGED CIRCUMSTANCES/FAILURE TO TAKE DELIVERY
If events or circumstances, including a Customer's failure
to take delivery, occur that affect performance of the Customer's
mandate, the Company shall take reasonable steps to obtain
the Customer's further instructions. If for whatever reason
it does not receive timely instructions, the Company may
i. store the goods at the sole risk and expense of the Customer,
ii.sell the goods immediately and without further notice,
and hold any net proceeds for the account of the Customer
iii.authorize any third party to abandon carriage and make
the Goods or any part of them available to the Customer at
a place that is reasonable in the circumstances.
A. The Customer must give the Company instructions in writing
to arrange insurance on its goods a reasonable time before
the tender of goods for storage or transport. The Company
may carry out these
instructions by declaring the value of the goods under an
open marine cargo policy taken out by the Company, and, upon
request, provide a certificate or declaration of insurance,
or other evidence of
insurance. The coverage on goods so declared is subject to
the terms and conditions of the policy. The Company is not
liable if the Customer for any reason whatsoever fails to
recover a loss in whole or in part from the insurer under
the policy, even though the premium charged by the insurer
is different from the Company's charges to the Customer.
B. If coverage under its open marine cargo policy is not
satisfactory, the Company will recommend an insurance broker
to arrange insurance appropriate to the customer's needs.
After making this
recommendation, the Company has no further duty regarding
insurance, and no liability for loss of or damage to the goods
during transport or storage that could have been covered by
insurance on the
goods, whether such loss or damage has been caused or contributed
to by its negligence or breach of these conditions, or otherwise.
11. NOTIFICATION OF CLAIMS
The Customer on its own behalf and on behalf of the Owner
of the goods shall notify the Company in writing of any claim
i. in case of loss and/or damage to goods within 45 days
of the completion of transit,
ii.in case of delay in delivery or non-delivery within 45
days of the date when the goods should have been delivered,
iii.in any other case within 60 days of the event giving rise
to the claim.
If a claim was not discoverable by the exercise of reasonable
care within the applicable time period, the Customer must
give notice forthwith after receiving information as to events
that may give rise to a claim. Failing notice as required
by this clause, the claim is barred and no action can be
brought against the Company to enforce the claim.
12. LIMITATION OF LIABILITY
Compensation for any claim for which the Company 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 Company, in
no circumstances whatsoever shall the Company be liable to
the Customer or owner for
i. consequential or indirect loss, including loss of market,
except as provided for in paragraph (ii);
ii. 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 Company
to third parties for transport or other service related to
iii. amounts in excess of a maximum recoverable of 75, 000
SDR's per transaction.
Upon the Customer's written request, the Company may accept
liability in excess of these limits provided the Customer
pays the Company's additional charges for such increased liability.
The Customer can obtain details of these charges from the
The Customer shall indemnify the Company against all duties,
taxes, payments, fines, expenses, losses, claims and liabilities,
including any liability to indemnify any other person against
claims made against such other person by the Customer or by
i. for which the Company may be held responsible unless caused
or contributed to by any negligence or breach of duty of the
ii.in excess of the liability of the Company in accordance
with these Conditions,
resulting from or connected with the actions of the Company
related to any service to which these Conditions apply.
14. SET OFF AND COUNTERCLAIM
The Customer shall pay to the Company in cash, or as otherwise
agreed, all sums immediately when due without reduction or
deferment on account of any claim, counterclaim or set off.
15. RIGHT OF DETENTION AND LIEN
All goods (and documents relating to goods) shall be subject
to a particular and general lien and right of detention for
monies owing either in respect of such goods, or for any particular
or general balance or other monies owed, whether then due
or not, by the Customer, sender, consignee or
owner of the goods to the Company. If these monies remain
unpaid for 28 days after the Company sends notice of the exercise
of its rights to these persons by any means of communication
reasonable in the circumstances, the goods may be sold by
private contract or otherwise at the sole discretion of the
Company, and the net proceeds applied on account of the monies
owing. The Company will not be liable for any deficiencies
or reduction in value received on the sale of the goods nor,
will the Customer
be relieved from the liability merely because the goods have
16. TIME BAR
The Company shall, unless otherwise expressly agreed, be discharged
of all liability under these Conditions unless suit is brought
within 9 months from
i. the date of delivery of the Goods for claims to damage
to goods, or
ii.the date when the Goods should have been delivered for
claims for delay in delivery or loss of goods.
With respect to loss or damage other than loss of or damage
to the Goods, the 9 months period shall be counted from the
time when the act or omission of the Company giving rise to
the claim occurred.
17. APPLICABLE LAW AND JURISDICTION
The Parties agree that where they have used electronic communications
to transact in whole or in part any business such communications
will be given legal effect in accordance with the provisions
(so far as they may be applicable) of the Uniform Electronic
Commerce Act as approved by the
Uniform Law Conference of Canada. Otherwise these Conditions
shall be governed by the law of the Province within Canada
in which the Company has its principal place of business.
By accepting the services provided under these Conditions,
the Customer irrevocably attorns to the exclusive
jurisdiction of the Courts of that Province.