In force since : july 23rd 2019
Please read this document carefully. This is a legal contract that will govern any service offered by Planète Courrier Inc. ("we", “us”) to its customers, including you or your organization. In particular, this agreement contains limitations of liability, warranty exclusions, and clauses that affect where and how you can take legal action against us. In addition, this document specifies who can do business with us.
In this document, the word "you" refers either to the user (assuming you deal with Planète Courrier directly) or to the user's company/organization if the user is acting as the user's representative.
1. CLIENT ELIGIBILITY
1.1 Professional use only. Our services are intended for professional clients. We do not accept orders placed by consumers for personal, family or domestic purposes. You may only enter into a contract with us to the extent that you are acting in a professional, commercial or institutional capacity (government, municipality, non-profit, etc.). By accepting these terms and conditions, you represent and warrant that you are acting in a professional capacity, rather than as a consumer or for personal use.
1.2 Authorization to bind your organization. If you are acting on behalf of your employer or any other organization, you hereby represent and warrant that you have the authority to bind your organization and that your organization will be considered as the client.
2. NATURE AND SCOPE OF THESE TERMS AND CONDITIONS
2.1 Legal relationship. We act as transport brokers, entrusting the transport of your shipment to our suppliers and major partners. This contract is therefore a brokerage contract and not a transport contract or bill of lading. It is, in any case, non-negotiable.
2.2 One-time agreement. These terms and conditions, together with the documents expressly incorporated by reference therein, constitute the sole and exclusive contract between you and us, and we do not agree to do business under any other contract. However, if you have a specific pricing agreement with us for the services offered, the terms and conditions set out in that agreement will prevail in the event of any conflict or discrepancy with this agreement. These terms and conditions may be revised from time to time. If you place orders after a revision, the most recent version of this agreement will apply.
3. TERMS OF SERVICE - YOUR RIGHTS AND OBLIGATIONS
3.1 Information you must provide and consequences of inaccuracy. Some information is required in order for us to provide you with services, and we rely on you to provide us with accurate information, including:
- Shipment Description: You are required to accurately describe the size and weight of the shipment, as our fees are based on this information. In the event that your description proves to be inaccurate, we may charge you the applicable fees based on the actual size / weight of the shipment.
- Description of the nature of the shipment: For legal and other reasons, we cannot accept certain goods (see the lists below in sections 3.2 and 3.3). Therefore, you must clearly explain the nature and content of the shipment.
- Description of the value of the shipment: You are required to describe the value of the shipment. In the event of an inaccuracy, any claim against us is limited to the lower of the actual value and the declared value.
- Shipping address: You must provide us with the complete and correct shipping address, as well as the name and contact information of the recipient. You are responsible for any additional costs or delays that may arise from errors or omissions in this information.
- Other information: You must provide us with all the information and declarations of value necessary for any customs, administrative, health or other authority. You are liable for any additional costs or damages resulting from false, erroneous or divergent statements.
3.2 Objects that we do not accept. We do not accept any item that is prohibited by law from being transported, or that is insufficiently or improperly prepared for regular transportation, given the nature of the item.
We do not accept shipments containing tobacco, alcohol, cannabis or cannabis products, firearms or weapons of any kind, passports, travellers' cheques, cash, animals, human remains in any form, fish, seafood, meat, medicines prohibited by law, as well as hazardous materials that have not been previously accepted.
You are responsible for any additional costs (including fines or penalties) or damage that we may suffer due to the accidental acceptance of an item that is not accepted.
3.3 Objects that we accept only at your own risk. The following items are accepted only at the risk and peril of the sender. We cannot be held liable for their loss or damage.
- Articles made of glass, porcelain, crystal, ceramic, and other similar fragile materials;
- Precious metals and jewellery, other than costume jewellery;
- Items whose temperature must be controlled during transport, including perishable foodstuffs and foods or beverages requiring refrigeration or other control of ambient conditions;
- Unpackaged items and items repackaged by the shipper, including any item that is not in its original packaging;
- Artwork, antiques, and collectibles;
- Personal effects and household items;
- Electronic and electrical devices (whether or not contained in the manufacturer's packaging) such as televisions and test equipment;
- Any uninsurable property.
3.4 Free insurance and additional insurance. All shipments are insured for a maximum value of $100. Shipments can be insured for an additional amount depending on the declared value if you wish, in which case additional charges will apply.
3.5 Levels of service. We offer different services depending on the location of the delivery, the speed of delivery, and the nature of the shipment. These various services are described on the "Services" page of our website, and their descriptions are expressly incorporated by reference herein. The fees associated with the services are as described in Section 4 below.
3.6 Delivery time guarantee and reduction of costs in case of delay. In the event of a delay in the delivery of a local shipment (as defined on our website), we reduce the transport costs to the level of the service actually performed, but only for the '1 hour', '2 hours' and 'AM/PM' services. This fee reduction does not apply in cases of force majeure, described below in clause 5.6.
3.7 Termination of these terms and your own conditions. You may terminate this agreement at any time by written notice to us. However, the termination of this agreement does not affect your pre-termination obligations, including your obligation to pay any invoices issued, orders placed or deliveries outstanding at the time of termination, nor does it affect our obligations to complete any pending deliveries that meet the conditions set out in clause 3 for which you have paid the applicable fees in full. Also, the termination of the contract does not affect clauses which, by their nature, are intended to apply after the termination or termination of the contract, in particular clauses 2, 3.1, 3.6, 4.6, 4.5, 4.8, 5.6, 7.1-7.5.
4. FEES AND PAYMENT TERMS
4.1 Shipping costs. Our shipping costs for each service are established according to our pricing schedule, which assigns a price to each service. A copy of the price list is stored in your customer account, or, if you do not have a customer account, you can contact us to find out the price of the service you are interested in. We reserve the right to change our price list from time to time, and the applicable price list is the one in effect at the time you place your order.
4.2 Discounts. In the event that you are entitled to discounts on our list price, these discounts will be indicated in a document stored in your customer account and will be applied to shipping costs in order to deduct them even before invoicing. Discounts do not apply to taxes and customs that may be invoiced to you, nor to additional charges or interest in the event of late payment.
4.3 Taxes and customs. It is the essence of the contract that duties, taxes and customs related to the shipment are always re-invoiced to the recipient, unless otherwise specified. If the recipient does not pay these amounts, they will be charged to you as the sender.
4.4 Additional costs. In some cases, additional charges will apply in addition to the shipping cost, due to the special circumstances of your shipment (e.g. a shipment requiring special equipment) or your special requests (e.g. paper billing). You can consult the Supplementary Fees Table to find out the circumstances and rates set out in it, which are expressly incorporated into these terms and conditions.
4.5 Payment terms. The applicable payment period varies depending on whether or not a customer account exists:
- If you do not have an account, you must pay the shipping costs at the time the order is placed. Credit card (Visa and MasterCard only) is the only accepted payment method for customers without an account.
- If you have an account, you must pay shipping charges within 30 calendar days, and duty, customs, and tax invoices within 10 calendar days of the invoice date. Our invoices are generated on a bi-monthly basis and can be generated a few days after the invoice date. For customers with an account, we accept electronic payment, credit card (Visa and MasterCard only) or cheque.
4.6 Interest. Any amount not paid by the due date set out above bears interest at a compound rate of 2% per month (effective annual rate of 26.82%). This includes compensation or damages that you may have to pay us for failure to comply with your obligations under these terms and conditions.
4.7 Currency. Unless expressly stated otherwise, any amount or payment relating to these terms and conditions is due in Canadian dollars.
4.8 Billing errors. If you notice what you consider to be a billing error, you must send us an email to email@example.com to report it. Billing errors and invoicing disputes must be brought to our attention within 30 days of the invoice date. If this deadline is exceeded, the invoices are deemed to have been accepted.
5. TERMS OF SERVICE - OUR RIGHTS AND OBLIGATIONS
5.1 Subcontractors and partners. We reserve the right to use agents and/or subcontractors to provide our services. When we use agents or subcontractors, size and weight limits, as well as additional charges different from those described herein, may apply depending on the subcontractor chosen. When we subcontract a shipment to one of our agents or subcontractors, their terms and conditions of service are in effect. Please refer to the specific detailed terms and conditions of Purolator, UPS, FedEx, DHL, Dicom and Canada Post on their respective websites.
5.2 Management powers. We may, in order to expedite the delivery of a shipment, substitute another carrier, including a land carrier, without changing the nature and terms of this contract.
5.3 Inspection powers. We may, at our sole discretion or at the request of governmental authorities, open and inspect any shipment entrusted to us in order to validate compliance with these terms and conditions, compliance with the law, accuracy of the description of the shipment and its value or for any other legitimate and reasonable purpose.
5.4 Reconciling supply and demand. We may establish a maximum quantity of shipments for one or more customers to whom we provide delivery services during designated periods, including peak periods. If you exceed the maximum permitted in your case, and still wish to send us additional shipments for delivery during the period to which the limit applies, we may, at our discretion: (i) refuse additional shipments; (ii) accept shipments, but charge an additional fee to deliver them; (iii) accept shipments, but suspend all service guarantees applicable to such shipments.
5.5 Right to refuse certain shipments. We reserve the right to refuse any shipment, in our sole discretion, including any shipment that could contaminate, compromise or otherwise damage other goods or shipments, or whose transportation is not economically or operationally realistic, or that is contrary to the standards of our subcontractors and partners, or that does not comply with these terms and conditions.
5.6 Force majeure. We are not liable for any damages, delays, non-delivery, or other problems resulting from events beyond our control, including: an act of God, a fire, explosion, flood, blizzard, ice storm, earthquake, epidemic, building collapse or deterioration, or other natural disaster; nuclear, chemical or biological contamination; a riot, a crime (including cybercrime), a strike (legal or illegal, third party or other); terrorism or a threat of one of the above; a war, a civil war, an embargo, or sanctions; a power outage, water outage, telecommunications or network failure, or any other failure of a utility provider; any law or measure taken by a government or public authority, including but not limited to the imposition of an export or import restriction, quota or travel ban; court injunction (mandatory or prohibitive); or acts or omissions of public authorities (such as customs and health officials) having actual or apparent authority.
5.7 Termination of these terms and conditions by us. We may terminate this agreement at any time by written notice to you, including by email, mail, courier, or electronic message sent to your account with us. However, the termination of this agreement does not affect your pre-termination obligations, including your obligation to pay any invoices issued, orders placed or deliveries outstanding at the time of termination, or our obligations to complete any pending deliveries that meet the conditions set out in clause 3 and for which you have paid the applicable fees in full. Also, the termination of the contract does not affect clauses which, by their nature, are intended to apply after the termination of the contract, in particular clauses 2, 3.1, 3.6, 4.6, 4.5, 4.8, 5.6-5.7, 7.1-7.5. We also reserve the right to block your account without notice if you have not paid our invoices within the time limits provided for in these terms and conditions.
6. USE OF OUR WEBSITE
6.1 Permitted use. To the extent that you comply with the requirements set out in clause 6.2, you are hereby granted a limited, personal, non-transferable, non-sub-licensable and revocable license to browse the site and reproduce the site and the constituent elements of the Site in a manner strictly necessary for navigation purposes.
6.2 Prohibited use. By using the site, you agree to the following terms and conditions:
- You will not disrupt or interfere with the use or enjoyment of the site by another user or the normal operation of the site;
- You will not create a false identity, or use or attempt to use the account, password, services, or systems belonging to another user, nor create an account after being banned or suspended from the Site;
- You will not use large volumes of data or automated mechanisms (including but not limited to robots, spiders, offline readers, data collecting robots or any other mechanism) to retrieve, download, store, exploit or reproduce the site or its content;
- You will not to access or attempt to access the structural or administrative parts of the site;
- You will not disrupt or interfere with the security of the site, or harm the site, its products and services, equipment, system resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated site or linked sites;
- You will not download or reproduce elements of the site outside the site itself, unless expressly authorized to download or reproduce the elements of the site in an isolated manner (for example, if we provide a download link for a given element of the site).
6.3 Your account with us. You are responsible for maintaining the confidentiality of any account number, log-in name, and password associated with your account. You are responsible for any unauthorized use of your account. In addition, you must use and maintain computer hardware and software of sufficient quality and capacity when accessing the site. If you do not, the security risk may be greater and some or all features of the Site may not function properly or at all.
6.4 Availability of the site. We take commercially reasonable steps to make our site available to you. However, we cannot guarantee continuous or uninterrupted access to the site.
6.5 Intellectual property in the site. We reserve all rights, title and interest in the intellectual property used by our site, including, but not limited to, copyright in the site itself. Your rights to access the site are limited to those set out in Article 6.1.
6.6 Limitation of liability and exclusion of warranties (website). IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY OTHER PARTY IN CONNECTION WITH YOUR USE OF THIS SITE, OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THIS SITE, ANY UNAUTHORIZED ACCESS TO YOUR ACCOUNT, TRANSMISSIONS OR DATA, ANY INFORMATION SENT, RECEIVED OR NOT SENT OR NOT RECEIVED, ANY FAILURE TO SAVE OR LOSS OF DATA, FILES OR OTHER CONTENT, ANY LOSS OF AN ORDER OR INACCURACY OF INFORMATION, ANY SERVICE PROVIDED ON THE SITE THAT IS DELAYED OR INTERRUPTED, OR ANY WEBSITE REFERRED TO OR RELATED TO THIS SITE. ACCORDINGLY, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT, INCLUDING BUT NOT LIMITED TO: DATA LOSS, LOSS OF REVENUES OR PROFITS, THE LOSS OF BUSINESS OPPORTUNITIES, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR SUCH DAMAGES ARE FORESEEABLE, AND REGARDLESS OF THE THEORY OF LIABILITY INVOKED (INCLUDING FAULT OR NEGLIGENCE). TO THE EXTENT PERMITTED BY LAW, ANY WARRANTY, GUARANTEE OR CONDITION IS ALSO EXCLUDED.
6.7 Non-legal nature of the content of the site. As explained in clause 2.2 above, these terms and conditions constitute the only agreement between you and us. Nothing on our site qualifies as a contract, pre-contract, offer to contract, or amendment to these terms and conditions.
7. GENERAL CLAUSES
7.1 Applicable law. These terms and conditions are governed by the laws of Quebec. The United Nations Convention on Contracts for the International Sale of Goods is totally excluded.
7.2 Choice of forum. Any dispute arising out of or related to these terms and conditions or the delivery or non-delivery of the shipment, or our services, shall be submitted to the exclusive jurisdiction of the courts of Quebec sitting in the judicial district of Montreal.
7.3 Limitation of liability. IN THE CASES PROVIDED FOR BELOW, OUR LIABILITY IS EITHER LIMITED OR TOTALLY EXCLUDED EVEN IN THE EVENT OF NEGLIGENCE OR FAULT ON OUR PART (EXCEPT GROSS NEGLIGENCE OR GROSS NEGLIGENCE):
- Limitation of liability to the declared value of the shipment. Our liability for loss, damage, late delivery, improper delivery, or failure to deliver a shipment is limited to the declared value of the shipment.
- Limitation of liability for uninsured shipments. Our liability for loss, damage, late delivery or failure to deliver a shipment is limited to a maximum of $100, unless additional insurance has been purchased by you, in which case our liability is limited to the amount insured.
- Exclusion of indirect damages, loss of income. In any event, we are not liable for any loss of income, loss of profits, loss of opportunity or other indirect damage, whether or not we are aware of the possibility of such damage.
- Limitation of liability to that of the carrier. In no event shall our liability exceed the liability of the carrier involved in the delivery of the shipment. Depending on the case, such limits may exist under the Civil Code of Québec, as well as under certain international treaties, including the Warsaw Convention.
- Force majeure. In any event, we are not liable for any loss or damage caused by force majeure as described in clause 5.6 above.
TO THE EXTENT PERMITTED BY LAW, ANY WARRANTY, GUARANTEE OR CONDITION IS ALSO EXCLUDED.
7.4 Advance notice in the event of a claim. In the event of loss, damage or delay in delivery, incomplete deliveries, errors or non-delivery, or other claims, you must notify us of the situation within thirty working days of the planned delivery for shipment. Without this notice, you acknowledge that you have waived any claim against us.
7.5 Non-assignment of your rights. Your rights under these terms and conditions are personal and non-transferable, as are all rights, claims or demands arising from these terms and conditions or their compliance or non-compliance.
7.7 Contact us. Depending on your needs, you can contact us using one of the following email addresses:
- Sales: firstname.lastname@example.org
- Information: email@example.com
- Customer Service: firstname.lastname@example.org
- Payment confirmation: email@example.com
- Invoicing: firstname.lastname@example.org
- Credit: email@example.com