Pro-Cold Warehousing and Distribution Inc. terms and conditions of carriage (terms)

The below terms and conditions shall apply to all shipments scheduled by the customer, and or their affiliates.

These terms and conditions will be valid until such time as they are altered or amended in writing by approved. Advanced notification as to the date they will change will be provided.

The customer agrees to abide by these terms on behalf of any party who has/or may have an interest in any shipment approved dispatches on their behalf.

Pro-Cold holds authority as a licensed freight broker in Canada and the United States.

Pro-Cold is not a freight carrier, nor an agent for a freight carrier.

The general rules tariffs set forth by the carriers, will take precedence in legal proceedings, and when applicable, will take precedence over these terms and conditions.

When a customer enters into a separate contractual agreement with approved, the terms in that agreement will take precedence over these terms and conditions.

Credit/payment terms

Pro-Cold extends credit based on payment being received 21 days from date of shipment.

Pro-Cold has the right to use funds recovered through the processing of claims on behalf of the customer, and reserves the right to offset such funds toward open past due invoices on customer’s account.

If legal proceedings are necessary to collect outstanding invoices, the customer agrees to pay all associated costs including legal and collection fees.

Customer warranties

It is the customers obligation to ensure that they are in full compliance with all applicable laws, rules and regulations, including, but not limited to, customs laws, import and export laws, and governmental regulation of any province, state and country to, from, through or over which the shipment may be carried. The customer agrees to furnish such information and documentation as necessary to establish such compliance.

If the customer is shipping hazardous materials, the customer represents and warrants that it is registered and in compliance with the security training plan and training requirements related to hazardous materials, 49 cfr 172.701-704 and 49 cfr 172.800-804. In the event that customer’s registration and/or compliance with these regulations expires or is terminated, customer further represents and warrants that it will promptly notify approved of such expiration or termination.

Any person or entity acting on behalf of customer in scheduling shipments represents and warrants that they have the authority to legally bind the customer.

Pro-Cold assumes no liability to the customer or any other person or entity for any loss or expense due to customer’s failure to comply with these provisions.

Customer agrees to indemnify Pro-Cold for any and all claims or damages incurred as a result of its failure to comply with the above listed provisions.

Cargo claims and liabilities

Pro-Cold, for the customers convenience will assist in the filing of claims on behalf of the customer, customer agrees approved is acting solely as a broker, and is not liable for any damages.

The individual carrier’s general rules tariff will apply when determining carrier liability.

Pro-Cold will not be responsible in any way for claims arising out of, or resulting from, customer negligence, carrier’s negligence, or the negligence of any third party.

All claims and any supporting documentation must be submitted within 30 days of delivery.

Pro-Cold will not be liable for any actions brought to enforce a claim unless customer has complied with all claims procedures.

The filing of a claim does not relieve the customer, or the responsible party from payment of freight charges. In order to consider and/or process a claim, all payment for freight services pertaining to the shipment must be paid before a claim is processed.

Customer may not under any condition offset freight or other charges owed to approved against claims for any loss whatsoever, including, but not limited to damage, incorrect delivery, non-delivery or missed appointments.

Pro-Cold will not accept liability for any cost and/or penalties arising from late pick up or deliveries, or missed appointments.

Pro-Cold shall not be liable for damages, including, but not limited to, special, incidental, or consequential damages.

 

Cargo claims limitations of liability 

Customer acknowledges that carriers limit their liability based on a valuation per pound unless a declared value has been disclosed by the shipper on the bill of lading, is accepted by approved and pays for the excess amount. Customer agrees to be bound by that limitation. Subject to the foregoing, in no circumstance will carrier’s liability exceed $4.41 per kilogram or $2.00 per pound based on the actual weight of the merchandise that is damaged or lost, or the actual value of the goods at time of shipment, including the freight and other costs if paid, whichever is less.. 

Procedure for submitting claims.

Required documentation that must accompany the submitting of claims;

  • A copy of the original bill of lading, or other documentation provided to the carrier at time of pick up and signed by the driver that indicates shipment was in good order and not short.
  • Copy of the delivering document showing the shipment when delivered was short or damaged.
  • In the case of non-delivery, notification by the consignee that they did not receive any part of the shipment in question.
  • A copy of original vendors invoice showing the actual cost/selling price of the goods that are the subject of the claim.

Claimant shall not be entitled to claim for lost profits, loss of business, incidental damages, or punitive damages.

Rates

Rates are estimates based on the information provided at the time of booking. Any alterations to the qualification, weight, cube or quantities of the goods will have an effect on the rate.

Miscellaneous

Bill of lading must clearly indicate Pro-Cold as the 3rd party bill to, in the event that it does not, Pro-Cold cannot guarantee the quoted rates.

Transit times.

Transit times are based on schedules provided by reliable carriers servicing the routes the shipments will originate from utilizing past performance as a criteria, however, delivery schedules are not guaranteed unless specific arrangements have been agreed to by Pro-Cold in writing. Acts of god, weather or accidents may prevent shipments arriving at a specified date.

Pro-Cold makes no warranties, express or implied, with regard to the specific date or time a delivery will be made and does not take any responsibility for late delivery or missed appointments. 

Claims and liabilities

Pro-Cold will assist in the filing of claims on behalf of the customer for the customers convenience, customer agrees approved is acting solely as a broker, and is not liable for any damages.

The individual carrier’s general rules tariff will apply when determining carrier liability.

Pro-Cold will not be responsible in any way for claims arising out of, or resulting from, customer negligence, carrier’s negligence, or the negligence of any third party.

All claims and any supporting documentation must be submitted within 30 days of delivery.

Pro-Cold will not be liable for any actions brought to enforce a claim unless customer has complied with all claims procedures.

The filing of a claim does not relieve the responsible party for payment of freight charges. In order to consider and/or process a claim, all payment for freight services must be timely tendered. Customer may not offset freight or other charges owed to approved against claims for any loss, damage, incorrect delivery, or non-delivery.