Terms & Conditions

CARGOCOUNTY.COM TERMS OF USE

The following terms and conditions govern your use of Cargocounty.com. Your viewing and or use of this site constitute your agreement, on behalf of yourself and the entity you are representing to all of the terms and conditions provided below.

Cargo County Group reserves the right to alter or make changes to the terms and conditions at any time without notice. Your viewing and or use of Cargocounty.com constitutes your agreement to the changes.

1-Use of Cargocounty.com

CARGOCOUNTY.COM is provided solely for the use of CARGO COUNTY GROUP customers either current or future, to enable interaction with Cargo County Group and may not be used by any person or entity or for any other purpose. All rating, shipment, tracking receiving or remittance of invoices and preparation of documents and any other information and services is for the exclusive use by current and potential CARGO COUNTY GROUP customers for their own shipments. Use of CARGOCOUNTY.COM to prepare shipments by or for the benefit of third party shippers is prohibited.

2-Ownership

The website and its contents are the intellectual property of Cargo County Group, its affiliates or licensors. The content is protected by Canadian and international copyright trademark and other laws. You may not deal with any Content in any way other than in accordance with the specific rights allowed under this Terms of Use. It is expressly prohibited to copy, reproduce, translate, distribute export, import, upload, download, reverse engineer, or modify any part of CARGOCOUNTY.COM.

3-Submissions

Cargo County Group does not accept ideas, concepts for new services or products through the website. If such information or comments are received Cargo County Group will have no obligation to maintain such information confidential, you are granting Cargo County Group unrestricted use to communicate, distribute and exploit such comments anyway it chooses

4-Limitation of liability

Use of CARGOCOUNTY.COM and its contents is at your sole risk. Cargo County Group will in no event be liable to you or any person or entity claiming through you for incidental, indirect, exemplary, consequential or other damages under any theory of law for any errors in or the use of or inability to use the Website or CARGOCOUNTY.COM and its content inclusive of lost data or business interruption and whether or not Cargo County Group is advised of the possibility of such damage.

5-Disclaimer of Warranties

WHILE WE HAVE MADE EVERY ATTEMPT TO ENSURE THAT THE INFORMATION CONTAINED ON THIS SITE IS COMPLETE AND ACCURATE, CARGOCOUNTY.COM MAKES NO REPRESENTATIONS WITH RESPECT TO THE WEBSITE, AND ITS CONTENT IS PROVIDED “AS IS” INCLUDING ANY REPRESENTATIONS RELATED TO RESULTS THAT MAY BE OBTAINED BY USING THE WEBSITE. CARGO COUNTY GROUP DISCLAIMS ANY AND ALL WARRANTIES REGARDING CARGOCOUNTY.COM, ENROUTE AND THE FUNCTIONING OF THE INTERNET WHETHER IMPLIED AND OR STATUTORY, INCLUDING BUT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICLUAR PURPOSE.CARGO COUNTY GROUP MAKES NO REPRESENTATIONSOR WARRANTIES ABOUT THE RESULTS OF THE CUSTOMERS USE OF THE WEBSITE OR ITS CONTENT. NO WARRANTIES MAY BE MADE EITHER VERBAL AND OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY CARGO COUNTY GROUP OR AN AUTHORIZED REPRESENTATIVE OF CARGO COUNTY GROUP SHALL CREAT A WARRANTY.

6-Indemnity

You agree to indemnify and hold harmless Cargo County Group, its parent and affiliate companies and their respective officers, directors, employees and agents and representatives from any and all claims as a result of your breach of any of these terms and conditions inclusive of any of your activities performed in connection with this website.

7-Jurisdiction and Forum

This Agreement and Your use of Cargocounty.com is governed by and construed in accordance with the laws of Canada and the Province of Ontario excluding its conflict of law rules. If for any reason a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, that provision shall be enforced to the maximum extent permissible. Notwithstanding any provision of this section of the Terms of Use, Cargo County Group shall be free to seek interim or injunctive relief before the court of competent jurisdiction within the City of Brampton, Ontario. This Agreement may not be altered or modified without the written consent of Cargo County Group.

8-Links to other web sites

The Website may contain links to other third party websites. Cargo County Group has no control over the content of Linked Websites and makes no representations or warranties related to the Linked Websites or their content. Users must be aware that the Linked Websites may also have terms of use and privacy that differ significantly from those of the Website. All of the use of Linked Websites is entirely at your own risk.

9-Privacy Policy

The Cargo County Group Privacy Policy governs the use of use of information acquired from you through Cargocounty.com.

10-Complete Agreement

THESE TERMS OF USE CONSTITUTE THE ENTIRE AGREEMENT BETWEEN YOU AND CARGO COUNTY GROUP WITH RESPECT TO YOUR USE OF THE WEBSITE.

11-Termination

Cargo County Group in its sole discretion may terminate, suspend your use of the Website and Content at any time without notice regardless of whether the Website remains accessible to others.

Bill Of Lading Terms & Conditions

1.   Liability of Carrier

The Carrier of the goods herein described is liable for any loss of or damage to goods accepted by him or his agent except as hereinafter provided.

2.   Liability of Originating and Delivering Carriers

Where a shipment is accepted for carriage by more than one carrier, the carrier issuing the Bill of Lading (hereinafter called the originating carrier) and the carrier who assumes responsibility for delivery to the consignee, (hereinafter called the delivering carrier), in addition to any other liability hereunder, are liable for any loss or damage to the goods while they are in custody of any other carrier to whom the goods are or have been delivered and from which liability the other carrier is not relieved.

3.   Recovery from Connecting Carrier

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 or have been delivered the amount of the loss or damage that the originating carrier or delivering carrier, as the case may be required to pay hereunder resulting from loss of or damage to the goods while they were in custody of such other carrier. When shipments are interlined between carriers, settlement of concealed damage claims shall be prorated on the basis of revenues received.

4.   Remedy by Consignor or Consignee

Nothing in articles 2 or 3 deprives a consignor or consignee of any rights he may have against the

5.   Exceptions from Liability

The carrier shall not be liable for loss damage or delay to any of goods described in the Bill of Lading caused by any Act of God, the Queen’s or public enemies, strikes, a defect of inherent vice in the goods, the act or default of the consignor, owner or consignee, authority of law, quarantine or differences in weights of grain, seed, or other commodities caused by natural shrinkage.

6.   Delay

No carrier is bound to transport the goods by any particular vehicle or in time for any particular market or otherwise than with due dispatch, unless by agreement specifically endorsed on the Bill of Lading and signed by the parties thereto.

7.   Routing by Carrier

In case of physical necessity where the carrier forwards the goods by a conveyance that is not a licensed for-hire vehicle the liability of the carrier is the same as though the entire carriage were by licensed for-hire vehicle.

8.   Stoppage in Transit

Where 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 computed on the basis of

  1. the value of the goods at the place and time of shipment including the freight and other charges it
  2. where a value lower than that referred to in paragraph (a) has been represented in writing by the consignor or has been agreed upon, such lower value shall be the maximum liability.

10. Maximum Liability

The amount of any loss or damage computed under paragraph (a) or (b)  or article 9 shall not exceed $2.00 per pound unless a higher value is declared on the face of the Bill Lading by the consignor.

11. Consignor’s Risk

Where it is agreed that the goods are carried at the risk of the consignor of the goods, such agreement covers only such risks  as  are necessarily incidental to transportation and the agreement shall not relieve the carrier from liability for any loss or damage or delay which may result from any negligent act or omission of the carrier, his agents or employees and the burden of proving absence from negligence shall be on the carrier.

12. Notice of Claim

No carrier is liable for loss, damage or delay to any goods carried under the Bill of Lading unless notice thereof 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 thirty (30) days after the delivery of the goods, or, in the case of failure to make delivery within nine (9) month from the date of shipment .

Cargo County Group 
45 Bramalea Road Unit#210, Brampton, Ontario, L6T 2W4 
Attention: Claims Department 

All Claim notifications must include shipment details, including address information(from/to), date of shipment, package weight, the waybill number and a detailed statement of what is being claimed. 
Claims must be lodged within the following time periods:

  1. Loss or Damage Claims Verbal notification within 24 hours Written notification within 15 days
  2. Claims of Concealed Damage Verbal notification within 48 hours of delivery

13. Articles of Extraordinary Value

No carrier is bound to carry any documents, specie or any articles of extraordinary value unless by a special agreement to do so if such goods are carried without a special agreement and the nature of the goods is not disclosed herein, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in article 10 above.

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 and if upon inspection it is ascertained that the goods shipped are not those described in the Bill of Lading the freight charges must be paid upon the goods actually shipped with any additional charges lawfully payable thereon.
  2. Should a consignor fail to indicate that a shipment is to move prepaid, or fail to indicate how the shipment is to move, it will automatically move on a collect basis.

15. Dangerous Goods

Every person whether as principal or agent shipping explosives or dangerous goods without previous full disclosure to the carrier as required by law shall indemnify the carried against all lost damage or delay caused thereby, and such goods may be warehoused at the consignor’s risk and expense.

16. Undelivered Goods

  1. Where, through no fault of the carrier, the goods cannot be delivered, the carrier shall immediately give notice to the consignor and consignee that delivery has been made, and shall request disposal instructions.
  2. Pending receipt of such disposal instructions
  3. The goods may be stored in the warehouse of the carrier, subject to reasonable charge for
  4. Provided that the carrier has notified the consignor of his intention, the goods may be removed to, and stored in, a public licensed warehouse, at the expense of the 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. Return of Goods

Where notice has been given by the carrier pursuant to article 16a, and no disposal instructions have been received within 10 days from the date of such notice, the carrier may return to the consignor, at the consignor’s expense, all undelivered shipments for which such notice has been given.

18. Alterations

Subject to article 19, any limitation on the carrier’s liability on the Bill of Lading and any alteration, or addition or erasure in the Bill of Lading shall be signed or initialled by the consignor or his agent and the originating carrier or his agent and unless so acknowledged shall be without effect.

19. Weights

It shall be the responsibility of the consignor to show correct shipping weight of the shipment on the Bill of Lading. Where the actual weight of shipment does not agree with the weight shown on the Bill of Lading, the weight shown thereon is subject to correction by the carrier.

20. C.O.D. Shipments

  1. A carrier shall not deliver a C.O.D. shipment unless payment is received in full.
  2. The charges for collecting and remitting the amount of C.O.D. bills for C.O.D. shipment must be collected from the consignor unless the consignor has otherwise so indicated and instructed on the Bill of Lading.
  3. A carrier shall remit all C.O.D. monies to the consignor or person designated by him within 15 days after.
  4. A carrier shall keep all C.O.D. monies separate from the other revenues and funds of his business in a separate trust fund or account.
  5. A carrier shall include as a separate item in his schedule of rates the charges for collecting and remitting many paid by consignees.