Service Terms and Conditions

1. Quotes, rates and what they include

Written quotes are valid for 30 days unless stated otherwise and are based on the information you provide — commodity, weight, dimensions, volumes, addresses, access, dates and any regulatory status. Quotes itemize the services included. Charges not listed, or arising from information that differs from what was provided, are billed at our standard accessorial rates, which are available on request.

Ocean freight, rail, terminal and government charges quoted as pass-throughs are estimates at the time of quoting and are billed at the actual amount charged by the carrier, terminal or agency. Fuel surcharges follow the published index in effect on the date of service.

2. Accessorial and time-based charges

The following charges apply when the circumstance occurs, whether or not they appeared on the quote:

• Waiting time beyond the free window stated on the quote (for live loads and unloads, normally two hours)
• Chassis days beyond the included allowance; container per-diem and terminal storage charged by the ocean carrier or terminal as a result of delays not caused by us
• Attempted, refused or rescheduled deliveries; deliveries requiring an appointment we were not told about
• Re-delivery, re-handling, re-palletizing or re-labelling required by inaccurate shipment information
• Tri-axle chassis, dangerous goods, liftgate, inside delivery, stairs and long-carry surcharges where applicable
• Storage beyond any free period stated on the quote, at the applicable daily, weekly or monthly rate

3. Your responsibilities

You are responsible for:

• Accurate and complete descriptions of the goods, including weight, dimensions, value, hazardous status and any special handling requirements
• Packaging adequate for the mode of transport unless packing is part of the service we are providing
• Providing customs releases, permits, and — for international moves — the customs documents required at destination, on time
• Ensuring goods are legal to ship, tender and import, and are not prohibited or restricted without the required authorization
• Providing safe and lawful access at pickup and delivery locations, including dock or ground-level access, parking and building permissions

4. Dangerous goods

Dangerous goods are accepted only when declared at booking with complete shipping documentation under the Transportation of Dangerous Goods Regulations and, for ocean shipments, the IMDG Code. Undeclared dangerous goods may be refused, removed or disposed of at your expense, and you indemnify us for any resulting loss, fine or liability.

5. Liability and claims — freight and warehousing

For carriage by road in Ontario our liability for loss or damage is governed by the Uniform Conditions of Carriage under Ontario Regulation 643/05 and is limited to $4.41 per kilogram computed on the total weight of the shipment, unless a higher value is declared in writing on the bill of lading before shipment and the applicable valuation charge is paid. For goods in storage, our liability is limited to the lesser of the declared value or the same per-kilogram limit unless otherwise agreed in writing.

For ocean and rail legs booked on your behalf, the carrier's own terms and international conventions (including the Hague-Visby Rules for ocean carriage) govern the carrier's liability; our liability as forwarder is limited to the exercise of reasonable care in selecting and instructing carriers. We are not liable for indirect or consequential loss, including loss of market, profit or use, or for delay unless a guaranteed delivery date was agreed in writing.

Visible loss or damage must be noted on the delivery receipt at the time of delivery. Concealed loss or damage must be reported in writing within seven days of delivery. Claims must be filed in writing with supporting documents within 60 days of delivery (or, for non-delivery, within nine months of the shipment date) and are not a basis for withholding payment of invoices.

6. Liability and claims — international moving

For household goods moves, our liability for loss or damage is limited to a released value of $0.60 per pound per article unless transit insurance is purchased through us or you provide evidence of your own coverage before the goods are loaded. Transit insurance covers the declared inventory value on the terms of the policy provided with the quote. Items packed by the owner are covered only for total loss of the carton unless inspected and repacked by our crew.

We are not liable for the actions of customs or quarantine authorities, including inspection, treatment, delay, seizure or destruction of goods, or for duty, tax and fees assessed at destination. Delays caused by carriers, weather, port congestion, strikes or government action do not give rise to compensation.

7. Customs, regulatory and destination charges

Duty, taxes, inspection and quarantine fees, demurrage, detention, storage and any other charge levied by a carrier, terminal or authority as a result of documents you were responsible for, or of goods you tendered, are payable by you on demand. We may withhold release of goods until such charges are paid.

8. Lien and abandoned goods

We have a general lien on goods in our possession for all charges owed by you. If charges remain unpaid 60 days after written notice, or goods remain in storage 90 days after the agreed release date without instructions, we may sell or dispose of the goods to recover our charges, accounting to you for any surplus.

9. Cancellation and changes

Freight services cancelled after a truck, crew or container has been dispatched are billed at the dry-run or minimum rate stated on the quote. Cancelled ocean bookings are subject to the carrier's cancellation or no-show fees. International moves cancelled within seven days of the packing date are subject to a cancellation charge stated on the quote. Changes to scope, dates or addresses are accepted subject to availability and re-pricing.

10. Payment

Commercial accounts are invoiced on completion of each service and are payable within the terms stated on the invoice, normally 15 days for approved credit accounts; new accounts are payable in advance or on delivery. International moves are payable in the instalments stated on the quote, with the balance due before delivery at destination. Overdue amounts bear interest at 1.5% per month (19.56% per annum). Disputed items must be raised in writing within 10 days of the invoice date; undisputed portions remain payable.

11. Force majeure

Neither party is liable for failure to perform caused by events beyond its reasonable control, including weather, road or terminal closures, carrier or port disruption, labour disputes, government action, pandemic or war. Time-based charges from third parties arising during such events remain payable by you where they relate to your goods.

12. Governing law

These terms are governed by the laws of Ontario and the federal laws of Canada applicable in Ontario. Disputes are subject to the exclusive jurisdiction of the courts of Ontario. Questions about these terms may be sent to service@metropolitanlogistics.ca.