Terms and Conditions

General Terms & Conditions
Duties and Brokerage Fees, taxes Buddy Courier and Errand Service (hereinafter referred to as “BCES”) rates do not include applicable duties or brokerage fees. The Customer shall pay to BCES any and all brokerage fees, surcharges, customs, duties and taxes (hereinafter referred to as “Brokerage Fees”) related to shipments tendered to BCES by the Customer (“Shipments”) and agrees to indemnify BCES against any claims or liabilities for such unpaid fees and taxes.

Customer Representation and Warranty The Customer represents and warrants that the Shipment will be properly described on the face of any service order form or accompanying documentation The Customer further warrants that the Shipment will be acceptable for transport, will not consist of dangerous or illegal goods; will be properly marked, addressed and packaged to ensure safe transportation in accordance with all applicable legislation.BCES Right to Refuse Shipments BCES reserves the right to refuse any Shipment which it deems, in its sole discretion, dangerous, posing a health risk, illegal, or which may damage other merchandise or equipment, or which is economically or operationally impractical to transport, or which is improperly packed or wrapped.

Right to Use Agents and Subcontractors BCES reserves the right to use agents and subcontractors in the performance of its services. Any exercise by BCES of this right shall in no way affect the maximum liability of BCES stated in these Terms and Conditions (see “Maximum Liability”).

Delivery BCES will deliver the Shipment to the delivery address indicated on the service order form. BCES is not required to deliver the Shipment to any particular person, whether or not specifically identified on the service order form. If BCES is unable to complete delivery of the Shipment (after at least one attempt), a notice of delivery will be left at the delivery address setting out instructions for the receiver to pickup the Shipment.

Undeliverable Shipments Shipments that cannot be delivered for any reason, including, without limitation, errors or omissions on the service order form, refusal by the receiver or failure of the receiver to pickup a Shipment being held for pickup, will be returned to the shipper at Customer’s expense.

Unclaimed Freight BCES reserves the right to sell or destroy unclaimed freight. Unclaimed freight includes freight that is unmarked or that has been refused by the shipper and the receiver.

Payment Non-account Customers shall pay for courier services at the time services are requested or, if BCES invoices Customer, in accordance with the terms of the applicable invoice. Account Customers shall pay for courier services within 15 calendar days from the date of invoice or in accordance with their service agreement. In the event the Customer fails to pay an invoice in full, when due, interest may be charged at the rate of 1.5% per month on all outstanding amounts. This is in addition to any other legal rights and remedies available to BCES.

The Customer agrees to pay BCES the rate and all additional charges (including, without limitation, all taxes) in the event the receiver, on a collect Shipment refuses to pay BCES. Where a Shipment is undeliverable (including where the Receiver refuses to accept delivery of the Shipment for any reason), the Customer agrees to pay all charges incurred in delivery attempt and the return of such Shipment to the Shipper (including, without limitation, all taxes and brokerage fees, as set out above).

Maximum Liability THE AMOUNT OF ANY LOSS OR DAMAGE FOR WHICH BCES MAY BE LIABLE, WHETHER OR NOT THE LOSS OR DAMAGE RESULTS FROM NEGLIGENCE, GROSS NEGLIGENCE OR A FAILURE TO PERFORM THE CONTRACT, SHALL NOT EXCEED, (1) IN THE CASE OF DELIVERY SERVICES: CDN $ 0. 10 PER KILOGRAM COMPUTED ON THE TOTAL WEIGHT OF THE SHIPMENT, OR (2) IN THECASE OF ERRAND SERVICES, THE TOTAL VALUE OF SERVICES (FEES CHARGED) - THE CUSTOMER AGREES AS A SPECIAL AGREEMENT WITH RESPECT TO ALL SHIPMENTS AND ALL ERRAND SERVICES THAT, NOTWITHSTANDING ANY DISCLOSURE OF THE NATURE OR VALUE OF THE GOODS OR SERVICES, THE AMOUNT OF ANY LOSS OR DAMAGE, INCLUDING, WITHOUT LIMITATION, LOSS OF EARNINGS OR PROFITS, RESULTING IN ANY MANNER, WHETHER OR NOT FROM NEGLIGENCE OR GROSS NEGLIGENCE, FROM LOSS OF OR DAMAGE TOTHE GOODS, SERVICES, AND/OR MISDELIVERY, FAILURE TO DELIVER OR DELAY IN DELIVERY OF THE GOODS OR SERVICES, FOR WHICH BCES MAY BE LIABLE TO THE CUSTOMER/SHIPPER, OWNER, RECEIVER AND/OR ANY THIRD PARTY, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL IN NO EVENT EXCEED THEMAXIMUM LIABILITY OF BCES SET OUT ABOVE. UNDER NO CIRCUMSTANCES SHALL BCES BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGES.

Delay BCES is not responsible for the consequences (direct or indirect) of a failure to deliver a Shipment by a stipulated time.Force majeure BCES shall not be liable to refund or credit charges, or for any loss, damage, delay, non-delivery, misdelivery or failure to deliver, caused by events beyond BCES’s control, including, but not limited to, any act, default or omission of the Customer, owner, receiver or any party having an interest in the Shipment, defects or inherent vice in the Shipment, inadequate or incorrect markings or address on the service order form, acts of God, perils of the air, weather conditions, mechanical delays, disruptions in air or ground transportation networks, acts of public enemies, public health crises, quarantine, war, strikes or other labour disruptions, terrorism, riots or civil commotion, acts of public authorities, or Shipments requiring extraordinary handling.