Waybill and Order Understanding:

Unless specifically agreed to in writing the carrier will not:

1.        Be liable for any special consequential or other damages for any reason whatever including delay in delivery.

2.        Be liable for any loss, damage or injury to a shipment exceeding the lessor of $1.50 per pound or $50.00.

3.        We will not knowingly accept for transport cash, jewellery, negotiable documents, money orders, bonds or securities, or any goods declared to have a value in excess of $50.00. We do not offer insurance for these items. Other items requiring insurance must be purchased by speaking with a Customer Service Rep and must be added to the order prior to the order being picked up by us.

4.        Claims will only be processed if the account is paid up to date.


Terms

Right to Use Agents and Subcontractors The Messengers International reserves the right to use agents and subcontractors in the performance of its services. Any exercise of this right will in no way affect The Messengers International’s maximum liability described in these Terms and Conditions (see “Liability of The Messengers International – Maximum Liability”). Where agents or subcontractors are used, more restrictive size and weight limitations than those set out herein may apply (see “Shipment Acceptance Policy”).


Conditions

Delivery of Shipments Delivery The Messengers International will deliver the Shipment to the delivery address (or applicable shipping agent locations, where shipping agents are used) indicated on the Bill of Lading. For a delivery to a Residence, The Messengers International will deliver the Shipment to the front door of the delivery address indicated on the Bill of Lading. The Messengers International is not required to deliver the Shipment to any particular person, and other points of entry or locations within a Residence, whether or not specifically identified on the Bill of Lading. The Receiver of any Shipment is deemed to appoint the individual who signs for the Receiver’s Shipment on delivery as the Receiver’s agent to accept delivery on the Receiver’s behalf. The Messengers International reserves the right to withhold delivery of a Shipment and/or return the Shipment to the Shipper (at the Shipper’s expense) if a proof of delivery signature, or in the case of an ASR Shipment, Proof of Age, cannot be obtained from the individual present to receive the Shipment from a The Messengers International driver. If The Messengers International is unable to complete delivery of a Courier 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. In the case of a Freight Shipment, if The Messengers International is unable to complete delivery on the first attempt, the Shipment will be returned to the applicable The Messengers International facility and The Messengers International will contact the Shipper for further instructions. If a Freight Shipment is returned to the Shipper, such return will be at the Shipper’s expense. In the case of a The Messengers International Same Day Shipment, if The Messengers International is unable to complete delivery on the first attempt, The Messengers International will contact the Shipper for further instructions and, if the Shipper cannot be reached, the Shipment will be returned to the Shipper at the Shipper’s expense


Damages or Loss

The Messengers International’s liability in the event of loss of, damage to or delay in the delivery of an Shipment, regardless of the manner in which such loss, damage or delay occurs, is limited to a refund of the Service Rate and the delivery surcharge.

Any damage must be noted on waybill at time of delivery otherwise consignees’ signature will constitute a clear receipt.  Any notice of concealed damage must be given to the carrier within 24 hours after delivery, the carrier will not be liable for such damage or any loss unless written notice thereof is given within 10 days after the shipment was received by its carriage. If you have authorized us to leave the package “with no signature required” you have forfeited all rights to file a claim for loss, damage or theft.

To process a claim, email us at Claims@TheMessengers.ca for a form to be filled out and we will open an inquiry.



Damages – With Insurance

Valuation of Claim for Loss or Damage Regardless of the weight of the Shipment The Messengers International’s maximum liability for loss of, or damage to, a Shipment will not exceed the lesser of: (a) The Messengers International’s maximum liability set out in these Terms and Conditions; (b) the market value of the article(s); (c) the original cost of the article(s) to the claimant; and (d) the cost of repairing the article(s). In the event that a Customer has declared a value on the Bill of Lading, The Messengers International’s maximum liability for loss of or damage to a Shipment shall not exceed the higher of: (a) the declared value of the Shipment; and (b) The Messengers International’s maximum liability set out in these Terms and Conditions. In no event shall The Messengers International pay a claim for a declared value that exceeds the actual value of the lost or damaged Shipment.

Damage Inspections The Messengers International retains the right to inspect any Shipment that is the subject of a damage claim. The Customer, or Receiver to whom the Shipment was delivered, shall ensure that the Shipment is not moved from the delivery location until either the earlier of when on inspection is completed by The Messengers International or 15 days has elapsed from the date The Messengers International requests to inspect the Shipment. Failure to retain the Shipment and packaging for in

Claims for Loss or Damage to Shipments The Messengers International will not process any claim for loss of or damage to any Shipment unless notice thereof setting out the particulars of the origin, destination, parcel identification number (PIN), date of Shipment and the estimated amount claimed in respect of such loss or damage is given to The Messengers International in writing with in the time limits set out below, failing which The Messengers International will have no liability in respect of the Shipment; however, where the Convention applies, different time limits may be applicable. The Messengers International may also require supporting documentation in order to assess a claim. Such documentation may include original purchase invoices, appraisals, estimates for repair, or other records. Failure to submit the necessary supporting documentation (in The Messengers International’s sole discretion) may result in the claim being denied. The Messengers International also reserves the right to refuse a claim if the Customer fails to upgrade to the most current Upgraded Carrier Compliance Software or the Customer fails to upgrade their Customer Developed Shipping Software to be compliant with the most current Upgraded Carrier Compliance Software. In order to process a claim, The Messengers International must have a record of scanning activity for the Shipment indicating that it has actually been inducted into the The Messengers International distribution network (whether courier or freight). The Messengers International will not pay a claim for loss of or damage to any Shipment unless all applicable transportation charges in respect of such Shipment have been paid. Type of Damage/Loss Type of Shipment Concealed damage Damage evident upon delivery Loss/Failure to deliver All (except Freight Shipments and International Air Shipments 21 days from delivery 60 days from delivery 9 months from date of shipment Freight Shipments 2 business days from delivery 60 days from delivery 9 months from date of shipment International Air Shipments 14 days from delivery 14 days from delivery 90 days from date of shipment.

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