Agreement of Terms
By giving your package(s) to TOWER DIRECT COURIER INC. for carriage, you agree to all the terms stated herein. No company or person is authorized to modify the terms of our agreement.
Limitations of Liability
The placing of a value for an item by the shipper on either a TOWER DIRECT COURIER INC. waybill, online ordering system or on any other documentation accompanying a shipment does not constitute an extension of the insurance on the part of TOWER DIRECT COURIER INC. over that shipment. Only a written agreement between the shipper and an authorized representative of TOWER DIRECT COURIER INC. will suffice for insurance coverage to be extended. In absence of a properly constituted written insurance agreement between TOWER DIRECT COURIER INC. and the shipper, TOWER DIRECT COURIER INC. general liability limits are $1.50 per pound or a maximum total of $50.00 whichever is less. There are limitations on both the maximum amount of the insurance allowed, as well as on the destination to which our insurance coverage may be extended. As well, there are also limitations on the types of items, which maybe insured. In all cases, to insure a shipment, the shipper must contact an authorized representative of TOWER DIRECT COURIER INC. to obtain the necessary insurance paperwork prior to shipping the item in order for insurance to be extended. TOWER DRIECT COURIER INC. will extended coverage to the shipper once all paperwork has been approved by TOWER DIRECT COURIER INC. and the shipper has paid all fees in full at a rate of $6.00 for every $100 in coverage.
TOWER DIRECT COURIER INC. shall not be liable for any damages, whether direct, incidental (for example, alternate carrier transportation costs), consequential (for example, loss of profits or income), or special, whether or not we know that such damages might be incurred in any manner resulting from miss-delivery, failure to deliver or delay in delivery, in excess of: (i) in the case of fundamental breach of the contract of carriage, an amount equal to our maximum liability and the amount of all freight and other charges paid hereunder (ii) in the case of delay, a refund of your transportation charges, and (iii) in any other case, an amount equal to our maximum liability. TOWER DIRECT COURIER INC. shall not be liable for loss, damage caused by events we cannot reasonably foresee or control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of the Queen’s or public enemies, war, riots, strikes, civil commotions, a defect or inherent in the goods, the acts or default (including but not limited to improper or insufficient packing, securing, marking or addressing of the shipment) by the shipper, owner, or consignee of, or anyone else with an interest in the shipment or any part thereof, authority of laws, or acts or omissions of public authorities (including customs and quarantine officials) with actual or apparent authority.
Rates – Payment
Invoices are payable upon receipt and can be paid by cheque or EFT. Any discounts applied to an order are subject to payment being received on time. Any payment for a shipment that has not been received within 30 days of invoice, TOWER DIRECT COURIER INC. has the option of recalculate all charges present on the invoice to those shown in the current non-discounted tariff. Overdue balances are subject to interest calculate at 2% per month (24% per annum) which shall accrue and be payable to TOWER DIRECT COURIER INC. on all outstanding monies. This is in addition to any legal rights and remedies available to TOWER DIRECT COURIER INC. Any billing/rates issues must be brought to the attention of TOWER DIRECT COURIER INC. within 7 days of the date on the invoice to be corrected. If an error with the bill or rate is found but not brought to the attention of TOWER DIRECT COURIER INC. within 7 days, TOWER DIRECT COURIER INC. will only issue a credit and not a refund for the amount. TOWER DIRECT COURIER INC. must conclude it's investigation of the matter prior to any refund or credit being issued.
All shipments are subject to additional charges for address corrections, wait times and redirects.
Non-document shipments will be subject to additional charges including but not limited to; fuel surcharge, dolly surcharge, dimensional surcharge, heavy/oversized item surcharge, special handling surcharge, article of unusual value/characteristic surcharge, dangerous goods surcharge, residential surcharge, extended/remote location surcharge, packaging reinforcement surcharge. Wait time is billed at a rate of $2.00 per minute, after the first 5 mins, rounded to the nearest half minute.
Responsibility for Payment
All shipping charges are to be prepaid and guaranteed fully by the consignor if charges are to be collect. If for any reason the consignee refuses all charges related to the shipment, the consignor agrees to pay them in full according to the payment terms of TOWER DIRECT COURIER INC. The consignor will also be responsible for any costs we may incur in either returning your shipment to you or warehousing it pending disposition. TOWER DIRECT COURIER INC., reserves the right to bill the receiver of the package sent by our client for all charges relating to the delivery, plus management fees associated with the delivery of the package.
Filing a Claim
Any damage sustained to a shipment must be noted on the waybill at the time of delivery. Otherwise the consignee’s signature or acceptance of the package will constitute a clear receipt. Any notice of concealed damage must be given to TOWER DIRECT COURIER INC. 24 hours after delivery. TOWER DIRECT COURIER INC. will not be liable for such damage or any loss unless written notice thereof is given to TOWER DIRECT COURIER INC. within 24 ours after the consignee received the shipment. Irrespective of this, TOWER DIRECT COURIER INC. will not be held liable for any loss, damage or injury to a shipment exceeding lesser of $1.50 per pound or a maximum total of $50.00
You shall indemnify TOWER DIRECT COURIER INC., our brokers, subcontractors, employees or agents and hold us harmless against all liabilities, losses, claims, damages, cost and expenses of nature whatsoever incurred as a consequence of your non-observance of any regulation of whatever nature which you are required to observe with regard to or in connection with the carriage of the goods shipped.
Delivery times are estimates and are not always guaranteed. Please speak with an authorized TOWER DIRECT COURIER INC. representative for the full details regarding which locations are covered under the guarantee.
Delivery Confirmation Signature Required
A Shipper may request that TOWER DIRECT COURIER INC. or it’s service partners, agents or affiliates obtain the recipient’s signature on Delivery. An additional fee of $3.50 per signature per package will apply. The Shipper must indicate this request for by selecting “Yes” under the service option of Signature Required on the TOWER DIRECT COURIER INC. online shipping platform. TOWER DIRECT COURIER INC. may obtain at its sole and unlimited discretion, a signature, other electronic acknowledgement of receipt or authorization to release without signature upon from the Receiver when this option is selected.
The carriage of goods shall be deemed to include and be subject to the terms and conditions prescribed by law in the jurisdiction where the goods originate.
Any provision or part thereof in this Agreement which is held be invalid shall not invalidate the remainder of the provision or other provisions of this Agreement.
From and after the effective date, TOWERdirect shall store and service the Client’s Stored Material. Client and TOWERdirect may modify or add to the Stored Materials under this agreement. Such additional materials shall, unless otherwise indicated in writing, be deemed to be held under the same terms and conditions as the Stored Material.
In the absence of an executed contract, the act of tendering Stored Material for storage and/or other services by TOWERdirect constitutes acceptance by Client to the terms, conditions and charges of this contract.
Client agrees to pay TOWERdirect for its storage and services according to TOWERdirect’s Fee Schedule and any revisions thereto. Monthly storage rental shall be within thirty (30) days of the month following the month the Stored Material’s were stored by TOWERdirect. TOWERdirect may change any and all charges upon thirty (30) days’ notice to the Client. For Stored Materials received during a month or stored for a portion of a month, charges will be assessed according to the Fee Schedule. Additional charges, if any, shall be paid simultaneously with the monthly charges. In reference to “Past Due Accounts” and “Late Fees”, TOWERdirect shall be entitled to recover, in addition to damages and such, reasonable lawyers’ fees and charges from the Client. A late charge in the amount of ($5.00) per month, plus 1.5% of the overdue balance, shall be due and owing on any and all amount(s) thirty (30) days past due. TOWERdirect may suspend any and all services and refuse access to the Stored Material for any accounts unpaid for sixty (60) days after date of invoice.
ACCESS TO STORED MATERIALS
a. Stored Material and information contained in Stored Material shall be delivered only to Client’s authorized representative or to persons authorized by such authorized representative. Client represents that the authorized representative has full authority to order any service for or removal of the Stored Material and to deliver and receive such. Such order may be given online at www.TOWERdirect.ca.
b. When Stored Materials are ordered to be accessed, TOWERdirect will carry out said instructions and make every commercially reasonable attempt to meet the Client’s requested delivery time. If TOWERdirect is unable to provide any service contemplated herein because of acts of God, public enemy, seizure or legal process, riots and civil commotions, or other reason beyond the TOWERdirect’s control, or because of loss or destruction of goods of which the TOWERdirect is not liable, or because of any other excuse provided by law, TOWERdirect shall not be liable for the failure to carry out such instructions or services.
c. TOWERdirect reserves the right to deny access or delivery of Stored Materials until such time as Client has cured any material default under this agreement.
d. Representatives of Client shall not have the right to examine the records of data of TOWERdirect.
LIMITATION OF LIABILITY
a. TOWERdirect’s liability, if any, for loss, damage, or destruction to the Stored Material shall be limited to the Assumed Value, unless an Excess Valuation is declared, in which case the TOWERdirect's liability shall be limited to such Excess Valuation, plus the Assumed Value. In no event shall TOWERdirect be liable for any consequential, punitive, lost profits or incidental damages. Such limitation of liability shall apply irrespective of the cause of loss, damage, or destruction of the Stored Material.
b. Stored Materials are not insured by TOWERdirect against loss or injury, however caused. Client may carry its own insurance.
c. The Client understands and acknowledges that normal deterioration and aging of all record media and Stored Materials occurs with time, and TOWERdirect is not to be held liable for any such deterioration.
d. Claims by the Client for loss, damage, or destruction must be presented in writing to TOWERdirect within a reasonable time, and in no event longer than thirty (30) days after delivery or return of the Stored Material to the Client, or thirty (30) days after the Client is notified by the TOWERdirect that loss, damage or destruction to part or all of the Stored Material has occurred, whichever time is shorter.
e. No action or suit may be maintained by the Client or others against TOWERdirect for loss, damage destruction of Stored Material by TOWERdirect pursuant to this agreement.
Unless sooner terminated as provided herein, the term of this agreement shall be for the entire period the Stored Materials are serviced by TOWERdirect. Client acknowledges upon terminating their service that TOWERdirect must receive payment in full for all storage and services fees, including permanent removal charges fifteen (15) days prior to the scheduled release date.
EVENTS OF DEFAULT
The occurrence of any one or more of the following events shall constitute an “Event of Default”:
a. Client’s failure to pay any sum due hereunder within forty five (45) days of due date, or
b. Material breach of any provision of this agreement, or
c. Client becomes insolvent or files or has filed against it any proceeding in federal or provincial court seeking debtor relief. Upon the occurrence of any Event of Default, TOWERdirect, at its sole and absolute discretion, may exercise any or all of the following remedies without terminating the agreement:
a. Demand in writing that Client pick up the Stored Material, or
b. Deliver the Stored Material to the Client Address, at Client’s expense.
c. Client shall continue to pay all sums due under this agreement up to and including the date of delivery of the Stored Material as provided above.
d. Terminate this agreement, at which time TOWERdirect shall recover all costs associated with such termination
e. Recover reasonable lawyers’ fees and costs from the Client.
In the event TOWERdirect takes any action pursuant to this Section, it shall have no liability to Client or anyone claiming through Client. The exercise by TOWERdirect of any one or more of the remedies provided in this agreement shall not prevent the subsequent exercise by Company of any one or more of the remedies provided herein. All remedies provided for in this agreement are cumulative and may, at the election of TOWERdirect, be exercised alternatively, successively, or in any other manner and are in addition to any of the rights provided by law.
TOWERdirect shall be entitled to include all reasonable lawyers’ fees and costs incurred in connection with the enforcement of this agreement.
Client warrants that it is the legal owner of custodian of the Stored Material and has full authority to store said material in accordance with the terms of this agreement.
The Client agrees to fully indemnify and hold harmless TOWERdirect, its officers, employees and agents for any liability, cost or expense, including reasonable lawyers’ fees, that the TOWERdirect may suffer or incur as a result of claims, demands, costs or judgments against if arising out of its relations with the Client or third parties pursuant to this agreement.
The Client shall not, at any time, store with the TOWERdirect any narcotics, materials considered to be highly flammable, explosive, toxic, radioactive, organic material which may attract vermin or insects, or any other materials which are otherwise illegal, dangerous and unsafe to store or handle in a closed area. The TOWERdirect reserves the right to open and inspect any Stored Material tendered from storage due to reasonable suspicions of containing any of the above storage items and refuse acceptance of Stored Material which fail to comply with the TOWERdirect’s storage restrictions and guidelines.
The TOWERdirect and its employees shall hold confidential all information obtained by it with respect to Client’s Stored Material. The TOWERdirect shall exercise that degree of care in safeguarding Stored Material entrusted to it by Client which a reasonable and careful company would exercise with respect to similar records of its own, provided, however, that liability of TOWERdirect to Client shall be limited as set forth above.
This agreement (together with schedules and documents incorporated herein) constitutes the entire agreement between the parties, and supersedes any and all prior agreements, arrangements and understandings, whether oral or written, between the parties. This agreement
may not be assigned by Client without the written notice and consent of TOWERdirect. No modification of this agreement shall be binding unless in writing, attached hereto, and signed by both Client and TOWERdirect. No waiver of any right or remedy shall be effective unless in writing and nevertheless shall not operate as a waiver of any other right of remedy on a future occasion. Every provision of this agreement is intended to be severable. If any term of provision is illegal, invalid, or unenforceable, there shall be added automatically as a part of this agreement a provision as similar in terms as necessary to render such provision legal, valid and enforceable. This agreement shall be construed in accordance with the laws of Ontario without giving effect to its conflict of law principles. All schedules, if any, attached hereto are hereby incorporated by reference and made a part hereof. The term “agreement” as used herein shall be deemed to include all such schedules. All notices under this agreement shall be in writing. Unless delivered personally, all notices shall be addressed to the appropriate addresses noted herein or as otherwise noted in writing in accordance with this provision and sent by first class mail. Notices shall be deemed to have been received as of the date of posting if mailed in accordance with this Section. All words and phrases in the agreement shall be construed to include the singular or plural number, and the masculine, feminine, or neuter gender, as the context requires. Nothing in this agreement shall be deemed or construed to constitute or create a partnership, association, joint venture, or agency between the parties hereto.