«PLANETE COURRIER INC. » herein after «PLANETE» provides carriage of documents and parcels for the account of its client herein after the«CLIENT» through an international network in which «PLANETE» is a participant. The carriage is governed by the present contract.
1) TERMS AND CONDITIONS
a. When remitting his shipment for carriage, the «CLIENT» acknowledges that the present non negotiable air waybill was completed by himself or in his name and at his own risk by «PLANETE» acting only as agent without any liability on the part of «PLANETE». The «CLIENT» accepts all Terms and Conditions stipulated at www.planetecourrier.com and certifies that all the information supplied is correct and has been validated.
b. If no service level is chosen on a manual «PLANETE» waybill, «PLANETE» will send shipments within Canada and to the United States with an Air service level.
c. The goods described in the present contract are accepted for carriage in apparent good condition unless specifically indicated on the air waybill by «PLANETE».
d. In order to speed up carriage, «PLANETE» may substitute another carrier including a land carrier without affecting the nature and conditions of this contract.
e. «PLANETE» does not accept in the present contract, passports, jewelry (except costume jewelry), tobacco, alcohol, traveler’s checks, cash, as well as certain dangerous goods.
f. The «CLIENT» must provide all pertinent information on the contents and value of the shipment, which will be necessary for any customs authority or other authorities and will be responsible for any damage resulting from false, erroneous or contradictory statements.
g. All duties and taxes relating to shipments will be charged to the consignee, unless prior notice is given to «PLANETE».
h. «PLANETE», upon its judgment or at the request of governmental authorities, may open and inspect any shipments under its control.
a) In case of late delivery on a national or international shipment, «PLANETE» may reduce, depending on the circumstances, the freight charges to the actual service rendered and this only on guaranteed services (Air, 9:00 AM, 10:30 AM and Saturday).
b) In case of late delivery on a local service shipment, «PLANETE» may reduce, depending on the circumstances, the freight charges to the actual service rendered for 1 hour, 2 hours and AM/PM services only.
3) LIMIT OF LIABILITY
a.) If the carriage involves an ultimate destination or a stop in a country other than the country of departure, the liability of «PLANETE» may be submitted to the Warsaw Convention which governs and in most cases limits the liability of the carrier for loss, damage or delay to the goods unless a declared value (insurance) has been written on the contract before departure, in which case an additional amount can be charged to the «CLIENT». In no circumstances will the liability of «PLANETE» exceed the liability of the actual carrier.
b) The LIABILITY OF «PLANETE» IN CASE OF LOSS OR PHYSICAL DAMAGES TO A SHIPMENT will be limited to the maximum amount of fifty Canadian dollars ($50.00) unless additional insurance has been purchased. This limit will be applicable even in the case of fault or negligence on the part of «PLANETE».
c) In case of loss or physical damages to a shipment, «PLANETE» will not be liable FOR LOSS OF INCOME OR PROFIT(S) WHETHER OR NOT «PLANETE» HAD KNOWLEDGE THAT SUCH DAMAGES MIGHT BE INCURRED. «PLANETE» will not be liable for your acts or omissions, including but not limited to incorrect declaration of cargo, improper or insufficient packing, securing, marking or addressing of the shipment, or for the acts or omissions of the recipient or anyone else with an interest to the shipment. Also, «PLANETE» will not be liable if the shipper or the recipient violates any of the terms of this agreement.
d) «PLANETE» will not be liable for any damage, loss, delay, shortage, missed-delivery, non-delivery, misinformation, or failure to provide information in connection to this shipment caused by events «PLANETE» cannot control, including but not limited to acts of God, riots, perils of the air, weather conditions, mechanical delays, acts of public enemies, war, strikes, civil commotions, or acts or omissions of public authorities (including customs and health officials) with actual or apparent authority.
e) «PLANETE» will be exonerated from any liability in case of delay resulting from customs procedures or any other cause beyond the control of «PLANETE».
4) LOSS AND DAMAGE
a) In case of damage, partial loss, delay, non delivery or other claim, the «CLIENT» must advise «PLANETE» of damages within twenty four (24) hours of delivery. In addition, the “shipper” must send a WRITTEN CLAIM to «PLANETE» within ten (10) days of the pick-up date by «PLANETE».
b) Certain types of products are not insurable and cannot be claimed for losses or damages, for example but not limited to; glass products and all liquids. Other types of products may also be declined, such as shipments not sufficiently packaged. In case of a claim, if the packaging is deemed as insufficiently protective according to the norms established by the International Safe Transit Association, «PLANETE» will not be liable for any damaged sustained.
c) Any litigation between the Parties will be submitted to the law of the Province of Quebec and the Parties of this contract acknowledge the exclusive jurisdiction of the Courts of the City and District of Montreal, Province of Quebec.
5) RESPONSIBILITY FOR PAYMENTa) The «CLIENT» will always be primarily responsible for all charges including transportation charges and all duties, customs assessments, governmental penalties and fines, taxes and «PLANETE» attorney fees and legal costs, related to the shipment in case of default of payment by the consignee or third party. The «CLIENT» will also be responsible for any costs «PLANETE» may incur in returning the shipment or warehousing it pending disposition.