This contract is between Global Logistics Management Inc. (“ Global
Logistics Management”), and í) every person who requests Global
Logistics Management to find a carrier; ii) every consignor and
consignee named on the transport contract of the carrier which Global
Logistics Management has found; and iii) every person who owns
Goods shipped by a carrier which Global Logistics Management has
found (the “Goods”). Each person listed in í to iii is the ‘ Shipper’. The
person who requests Global Logistics Management to find a carrier or
provide other services contracts with Global Logistics Management as
agent and trustee for every other person described as the Shipper.
2. SCOPE OF SERVICES
A. STANDARD FREIGHT FORWARDING SERVICE
Global Logistics Management agrees to use reasonable care to find a
carrier to transport Goods from the place to be received for transport by
the carrier to the place of delivery by the carrier, communicate
information given by the Shipper about these places and the Goods to
the carrier, and notify the person requesting transport when the Goods
are delivered. Global Logistics Management may choose any carrier
whose transport contract terms are reasonable for the trade and
transport mode. Global Logistics Management does not guarantee to
the carrier the completeness and accuracy of information given by the
Shipper to Global Logistics Management. The Shipper understands
Global Logistics Management includes a margin for its services above
the carrier’s charges. The Shipper agrees to pay freight and charges.
B. EXTRA CUSTOMER SERVICES
If requested by the Shipper, for quoted or additional charges Global
Logistics Management agrees:
i) to package the Goods or to prepare the Goods for transport
iI) to consolidate the Goods with other cargo
iii) to arrange cargo insurance for the Goods
iv) to arrange customs brokerage services for the Goods; or
iv) to request the carrier deliver the Goods to an alternate
destination.
If the carrier originally found for the Shipper does not provide temporary
storage or transport to a re-routing destination, Global Logistics
Management agrees to use reasonable care as agent for the Shipper
to find a storage contractor or on-carrier. If a storage contractor or an
on-carrier cannot be found within a reasonable time, the Shipper agrees
to take delivery of the Goods at a warehouse within the carrier’s service
range or to take delivery on return of the Goods to the place received for
transport. The Shipper agrees to pay Global Logistics Management
service fees for Goods re-routing and to pay all additional handling,
storage and re-routing expenses.
C. CARGO CLAIMS AND SALVAGE
Global Logistics Management will tell the person requesting transport
of any information received from the carrier about loss or damage to the
Goods. If requested, for additional charges, Global Logistics
Management agrees as agent for the Shipper;
i) to give initial notice of claim to the carrier; and
ii) to hire a cargo surveyor.
The Shipper is responsible to give instructions on disposal or further
handling and transport of the Goods, to report to any insurer and to
manage any cargo claim. The Shipper agrees to pay Global Logistics
Management service fees and all survey expenses and charges. The
Shipper agrees to assume responsibility for salvaged Goods or to
request on carriage to the originally requested place of delivery or to a
re-routing destination. The Shipper agrees to pay applicable General
Average contribution and carriers’ additional charges and, if applicable
to the Shipper, carriers’, public authorities’ and property owners’ costs
of firefighting, accident site clearing, incident management, salvage,
environmental prevention, cleanup and remediation, and any other
charges required by contract or by law.
3. SHIPPER’S RESPONSIBILITIES
The Shipper agrees;
A. to give complete and accurate addresses and access information for the places the Goods are to be received for
transport and are to be delivered
B. to accurately describe the Goods
C. to accurately state the dimensions and weight of the
Goods
D. to have the Goods ready for transport at Global Logistics
Management’s specified time and location
E. to properly prepare, package, label and load the Goods for
transport, including prechilling any temperature controlled
Goods
F. to warn Global Logistics Management and the carrier of
special handling instructions or any hidden or unusual
features of the Goods relevant to transport, such as off
centre points of balance
G. to provide the carrier and public authorities all required
information, documents and labelling relating to
transportation of dangerous Goods
H. to provide the carrier and public authorities all necessary
documents necessary for international carriage of Goods,
including customs declarations and health certificates
I. to use clean packaging material free of infestation
J. not to provide for transport any illegal, contraband or
prohibited Goods, substances, plants, animals or persons;
and
K. to take delivery of the Goods and unload the Goods at the
requested place of delivery
The carrier may refuse to enter an unsafe place, may refuse to
permit unsafe loading or unloading or the use of Shippers’ unsafe
loading or unloading machinery or equipment, and may refuse to
accept for transport Goods that are illegal, unsafe, or not properly
marked, packaged or documented.
The Shipper agrees to pay and indemnify Global Logistics
Management for any loss, damage, expense, claim, interest or costs
that Global Logistics Management may suffer, be liable for or be
ordered to pay as a result of or arising from the failure, refusal or
neglect of the Shipper, or of persons for whose negligent or
wrongful acts the Shipper is at law responsible, t
4. NOT A CONTRACT OF CARRIAGE
Global Logistics Management is not a consignor, consignee, a
“merchant” under a contract of carriage and is not a carrier. Global
Logistics Management acts only as agent for the Shipper for the
services stated in this contract. Any contract of carriage is between
only the Shipper and the carrier or carriers under their contract of
carriage, and not with Global Logistics Management. Global
Logistics Management does not guarantee performance of any
contract by any carrier, cargo insurer, customs broker, surveyor or
extra services subcontractor. The contract of carriage between the
Shipper and carrier is governed by the terms of the carrier’s tariff or
bill of lading, or if no tariff is published or bill of lading is issued, by
any law which is applicable to the mode or stage of transport.
5. TIME BAR AND LIMITATIONS OF LIABILITY
Any legal proceeding against Global Logistics Management must
be brought within 9 months of the time the Goods were received for
transport. Global Logistics Management is not responsible for any
indirect or consequential damages, including delay, loss of profit or
loss of enjoyment. In any case, Global Logistics Management’s
liability for claims relating to or arising from any one service is
limited to the amount of fees and expenses charged for that service.
6. APPLICABLE LAW AND JURISDICTION
This contract is governed by the law of Ontario and applicable law
of Canada. Any claim by the Shipper against Global Logistics
Management must be brought in the courts of Ontario and in no
other court. For enforcement of Global Logistics Management’s
rights under this contract, the Shipper by this contract attorns to the
Federal Court (Canada), the courts of Ontario and any court in
whose jurisdiction the Shipper is resident or carries on business.