The client acknowledges that they have hereby been informed that a transportation services intermediary is not a carrier and therefore, section 2035 of the Civil Code of Quebec does not apply.
As stipulated in the Transport Act, the Client is responsible for ensuring that goods are packaged, loaded, supported, securely locked, immobilized, reinforced, and secured in a manner that can withstand the potential hazards of the mode of transport.
The Client must inspect the trailer or empty container before loading to ensure that it is in good condition and that no damage will affect the integrity of the goods. The Client must reject any equipment, which is in a condition that could cause damage, and must do so immediately by communicating with the transport organizers.
If the carrier determines that the package, stowage or even the load is unsafe; for itself, the equipment or merchandise, the Client must correct the situation before the shipment can be transported. If there is a disagreement relating to packaging or stowage, which is determined to not endanger public safety or equipment, a waiver exempting the carrier from any claim for breach of equipment may be signed by the Client.
The Client must ensure that goods are correctly identified on the packages as well as on the bill of lading and any other shipping documents.
All transport instructions must be clearly marked on the bill of lading.
It is the Client’s responsibility to ensure the accuracy of the bill of lading information, including pickup and delivery addresses, description of goods and their packaging, customs broker, and any other relevant information.
The Client vows not to load any restricted, high-value, prohibited, or dangerous goods, or goods needing special equipment for unloading, or goods requiring special conditions, such as protection from cold or heat, without first notifying the transporter that all certificates, licenses and permits relating to the goods are conform, as well as first properly identifying the goods on their packaging and the bill of lading.
The Client is responsible for ensuring the accuracy of the count of goods loaded in the trailer or container, with respect to the bill of lading and any other shipping documents. The Client may, however, mandate the carrier to make a summary account (number of pallets, number of pieces). The number of cases per unit of the final packaging (pallet, box, case/crate, etc.) is the sole responsibility of the shipper.
If, after requesting service, the Client retains equipment belonging to the transporter, the Client vows to use said equipment for the sole purpose of the agreement and is liable for any resulting loss or damage to the equipment while being used by the Client. If necessary, the Client shall indemnify the carrier.