Enclosed Terms and Conditions

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These Terms and Conditions are only for specialized transport by enclosed transport truck. This type of transport is usually reserved for high end vehicles, antiques, and lowered vehicles. Please verify with your MVS Canada representative if the quote you received is for this service. When the truck arrives to pickup your vehicle with the enclosed trailer, he will have the shipper/consignee sign these terms and conditions. Important – MVS Canada or its agents will not be liable for any of the following:

  1. Expenses as a result of missed arrival/departure times. Any pickup and/or delivery time cannot be guaranteed.
  2. Damage to any antennas, which increase the overall vehicle body height.
  3. Loss or damage to any items left in the vehicle.
  4. Any damage resulting from fluctuations in temperature.
  5. Damages as a result of fluid leaks such as antifreeze, brake fluid, transmission fluid and battery acid.
  6. Damage to any parts, which are deemed to be installed in a faulty manner.
  7. Any damages to vehicle parts or operations that would not be feasible to inspect during the initial vehicle survey.

Carrier’s Liability Our carriers maximum liability shall be $300,000.00 Cdn per vehicle, with a maximum load liability of $2,500,000.00 Cdn. Any value above and beyond these limits must be declared in advance and will be charged an additional 50 cents per $100.00 value. Specified conditions:

  1. Claims must be made within 3 days after delivery to the consignee.
  2. The liability of MVS Canada Logistics Inc. and its agents ceases when goods are delivered after the business hours of consignee at consigned destination, whether the bill of lading is signed or not.
  3. MVS Canada Logistics Inc. and its agents claims all salvage rights on damaged parts. Parts must be held for pick-up for a minimum of 30 days.
  4. MVS Canada Logistics Inc. and its agents shall not be liable for more than the actual cash market value of the vehicle at the time any loss or damage occurs and shall not exceed the amount that it would cost to repair or replace the vehicle, or any part thereof, with material of like kind and quality.
  5. Any vehicle that becomes in-operable at pickup or while in route will be charged and additional 300$ as a non runner fee.
  6. $500 deductible will apply to damage claims under carriers liability.

Conditions of Carriage – Motor vehicles

  1. Liability of carrier – The carrier of goods described in this contract is liable of any loss of or damage to goods accepted by the carrier’s agent except as provided herein.
  2. Liability of Originating and delivering carriers – Where a shipment is accepted for carriage by more than one carrier, the originating carrier and the carrier who assumes responsibility for delivery to the receiver/consignee (called the delivering carrier). In addition to any other liability under these provisions, are liable for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are delivered from which liability the other carrier is not relieved.
  3. Recovery from connecting carriers
    1. The originating carrier or the delivering carrier, as the case may be, is entitled to recover from any other carrier to whom the goods are delivered the amount that the originating carrier or delivering carrier, as the case may be, is required to pay for the loss of or damage to the goods while they were in the custody of such other carrier.
    2. If there is a concealed damage settlement and the goods were interlined between carriers so that it is not clear as to who had custody of the goods when they were damaged, the originating carrier or delivery carrier, as the case may be, is entitled to recover from each of the connecting carriers an amount prorated on the basis of each carrier’s revenue for carriage of the damaged goods.
  4. Remedy by shipper/consignor or receiver/consignee – Nothing in article 2 or 3 deprives a shipper/consignor or receiver/consignee of any rights the shipper/consignor or receiver/consignee may have against any carrier.
  5. Exceptions from Liability – The carrier shall not be liable for loss, damage or delay to any of the goods described in the contract of carriage caused by an act of god, the queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, an act or default of the shipper/consignor, owner or receiver/consignee, authority of law or quarantine.
  6. Delay – No carrier is bound to carry goods by any particular public truck or in time for any particular market or otherwise than with due dispatch, unless by agreement that is specifically endorsed in the contract of carriage and signed by the parties.
  7. Routing by carriers – If the carrier forwards the goods by a conveyance that is not a public truck, the liability of the carrier is the same as though the entire carriage were by public truck.
  8. Stoppage in Transit – If goods are stopped and held in transit at the request of the party entitled to so request, the goods are held at the risk of that party.
  9. Valuation – Subject to article 10, the amount of any loss or damage for which the carrier is liable, whether or not the loss or damage results from negligence, shall be the lesser of,
    1. The value of the goods at the place and time of shipment, including the freight and other charges if paid based on actual cash market value.
    2. The sum of 300,000.00 per vehicle and a maximum of $2,500,000.00 per load.
  10. Declared Value – If the shipper/consignor has declared a value of the goods on the face of the contract of carriage, the amount of any loss or damage for which the carrier is liable shall not exceed the declared value.
  11. Shippers/Consignors Risk
    1. If it is agreed that the goods are carried at the risk of the shipper/consignor, that agreement covers only such risks as are necessarily incidental to the carriage and the agreement does not relieve the carrier from liability for any loss or damage or delay that results from the negligence of the carrier or the carriers agents or employees.
    2. The burden of proving absence of negligence shall be on the carrier.
  12. Notice of Claim
    1. No carrier is liable for loss, damage or delay to any goods carried under the contract of carriage unless notice of the loss, damage or delay setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within 3 days after delivery of the goods or, in the case of failure to make delivery, within two months after the date of shipment.
    2. The final statement of the claim must be filed within nine months after the date of shipment, together with a copy of the paid freight bill.
  13. Articles of Extraordinary Value
    1. No carrier is bound to carry any documents, specie or articles of extraordinary value unless by a special agreement to do so.
    2. If such goods are carried without a special agreement and the nature of the goods is not disclosed in the contract of carriage, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in Article 9.
  14. Freight Charges
    1. If required by the carrier, the freight and all other lawful charges accruing on the goods shall be paid before delivery.
    2. If on inspection it is ascertained that the goods shipped are not those described in the contract of carriage, the freight charges must be paid on the goods actually shipped with any additional charges lawfully payable on the freight charges.
    3. If a shipper/consignor does not indicate that a shipment is to move prepaid, or does not indicate how the shipment is to move, it will automatically move on a collect basic.
  15. Damaged Goods – Every person, whether as principal or agent, shipping dangerous goods without previous full disclosure to the carrier as required by law shall indemnify the carrier against all loss, damage or delay caused by the failure to disclose and such goods may be warehoused at the shippers/consignors risk and expense.
  16. Undelivered Goods
    1. If, through no fault of the carrier, the goods cannot be delivered, the carrier shall immediately give notice to the shipper/consignor and receiver/consignee that delivery cannot be made and shall request disposal instructions.
    2. Pending receipt of disposal instructions,
      1. The goods may be stored in the warehouse of the carrier, subject to a reasonable charge for storage, or
      2. If the carrier has notified the shipper/consignor of this intention, the goods may be removed to and stored in a public, or licensed warehouse at the expense of the shipper/consignor, without liability on the part of the carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.
  17. Collect Shipments
    1. The carrier shall not deliver a collect shipment unless payment is received in full from the receiver/consignee.
    2. The carrier shall advise the shipper/consignor if the receiver/consignee has refused to pay the collect freight charges.
  18. Return of Goods – If a notice has been given by the carrier pursuant to Article 16 or 17, and no instructions have been received within 10 days after the date of such notice, the carrier may return to the shipper/consignor, at the shipper’s/consignor’s expense, all undelivered shipments for which such notice has been giving. All costs of returning the goods including freight charges and storage charges shall be the responsibility of the shipper/consignor and the carrier shall have a lien for such charges.
  19. Freight Charges – If any freight charges are not paid, the carrier may place a lien on the motor vehicle(s).
  20. Alterations – Subject to Article 21, any limitations in the contract of carriage on the carrier’s liability and any alteration to the contract of carriage shall be signed or initialed by the shipper/consignor and the originating carrier or their agents and unless shipped and initialed, shall be without effect.
  21. Weights
    1. It shall be the responsibility of the shipper/consignor to show the correct shipping weights of the shipment on the contract of carriage.
    2. If the actual weight of the shipment does not agree with the weight shown on the contract of carriage, the weight shown on the contract of carriage may be corrected by the carrier.
    3. The carrier shall be entitled to any additional charges resulting from an understatement of the weight.
  22. Keys – If there is more than one key being transported with the vehicle, the keys must be securely attached together with a key ring.

Updated April 8, 2019