1. WHO IS PART OF THIS CONTRACT
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, to comply with the Shipper’s responsibilities under this contract.
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.