TERMS AND CONDITIONS
These terms and conditions between F-S-L Inc. and motor carriers (“Rules”) applies to all shipments of commodities (“Goods”) for which F-S-L Inc.engages the services of a motor carrier (“Carrier”) in Canada.
Carrier, by agreeing to perform transportation or related services , is bound by these Rules and waives, pursuant to any all rights and remedies that it may have according to law, that are contrary to specific provisions of these Rules.
-Carrier acknowledges that F-S-L is a transportation broker duly registered as a transport service intermediary. F-S-L is not a motor carrier , and is responsible only for arranging transportation and related services of Goods, not for actually performing the transportation or related services.
These Rules apply to all shipments tendered to Carrier by F-S-L
-Carrier must transport safely, promptly, and efficiently all shipments tendered to it by F-S-L;
-Carrier agrees to invoice F-S-L within fifteen days of delivery of a shipment. Each invoice must include an elegible copy of the signed bill of lading, the signed delivery receipt
– F-S-L agrees to pay Carrier in accordance with booking confirmations, if applicable, or otherwise as agreed in writing. Unless other payment terms are agreed to between the parties, F-S-L will make payment to Carrier
– F-S-L shall have the right to set off claims for loss, damage or delay, and claims for overcharge or duplicate payment, against freight or other charges owed to Carrier;
– F-S-L is the sole party responsible for payment of Carrier’s charges. Carrier agrees not to seek payment from shippers, consignees, or any other parties;
– Carrier, for itself, and on behalf of all approved agents and subcontractors, waives its rights to any lien which may exist against Goods or property of F-S-L or any of its Customers. Carrier shall not withhold delivery of Goods due to any dispute with F-S-L, a shipper, a consignee, or any other party.
– Acceptance by Carrier of a load offered by F-S-L will constitute Carrier’s recognition that the shipper of the load is a Customer of F-S-L;
– Carrier agrees not to solicit, arrange for, or accept, directly or indirectly, loads from F-S-L’s Customers from anyone other than F-S-L;
– In the event of a breach of this provision, F-S-L will be entitled to a commission of 20% of the transportation revenue received by Carrier from F-S-L Customer for a period of one year.
– Carrier must issue a bill of lading for each shipment and provide F-S-L with proof of acceptance and delivery of each shipment. Said bill of lading shall indicate the kind, quantity and condition of Goods by Carrier
– Carrier is liable for loss, damage, or delay in connection with the Goods accepted by Carrier or its agent. Carrier’s duties and responsibilities under these Rules shall commence when Carrier takes possession and control of F-S-L’s Customers’ Goods or upon execution or such bill of lading or receipt by Carrier, whichever occurs first, and shall end when consignee signs the bill of lading or delivers a receipt and Carrier delivers the Goods;
– Carrier shall be liable for the total, actual value of the shipments tendered by F-S-L to Carrier, including the freight and other costs, if so paid.
– All claims for loss, damage, or delay must be concluded within ninety days of receipt. If a claim has been concluded within ninety days of receipt, F-S-L has the right to set-off the claim amount from money due Carrier;
– If Carrier’s failure to deliver a shipment as agreed results in a charge-back against F-S-L , Carrier is liable for the total amount of the charge-back;
– Claims based on a concealed loss or damage, which are reported to Carrier within thirty days of the date of delivery, shall be treated by Carrier.
– Carrier waives and relinquishes all rights it might otherwise have to impose a lien under federal or provincial law against the Goods and shall not otherwise withhold delivery of any Goods due to any dispute with F-S-L, shipper, consignee, or any other party.
– Carrier shall not broker, subcontract, or interline a shipment without the prior approval of F-S-L. If Carrier does so without authority from F-S-L, neither Carrier nor the party performing services shall charge F-S-L or its customers for such services.
– Carrier shall indemnify F-S-L for any fines, costs, claims, liability or expenses that may incur and arise out of violations by Carrier of any applicable laws and regulations during Carrier’s performance under these Rules;
– F-S-L will be the agent for Carrier for the collection and payment of charges to Carrier. The Carrier authorizes F-S-L to invoice its Customers, the shipper or consignee for freight charges on behalf of the Carrier and the Carrier agrees that F-S-L is solely responsible for payment of all freight charges to the Carrier.
– Applicable Laws :These Rules shall be governed by and interpreted in accordance with laws of the Province of Quebec . All disputes arising under these Rules must be submitted to the jurisdiction of courts from the judicial district of Quebec