General Terms

General Terms & Conditions

1. DEFINITIONS

1.1 In these terms and conditions of carriage (the transporting of items or merchandise from one place to another) the following terms shall have the following meanings:

1.1.1 “the company” – shall be understood to refer to Presto Courier Services, registered on the following address: 2-105 Consumers Dr, Whitby, ON, L1N 1C4.

1.1.2 “consignment” – shall be understood to refer to all goods transported under a single waybill;

1.1.3 “goods” – includes all goods, parcels or documents transported by the company for the shipper,

and includes the Packaging in which such goods or documents are contained;

1.1.4 “the shipper” – includes any person, business, or entity, at whose request or instance thereof, or on whose

behalf, or for whose account, the company shall transports the goods; and specifically includes the sender

of the goods;

1.1.5 “sender” – shall be understood to refer to the person charged with placing the order. It shall also be understood that “pickup location” and “collection location” refers to the sender location;

1.1.6 “receiver” – shall be understood to refer to the person to be in receipt of the requested delivery consignment. It shall also be understood that “dropoff location” and “delivery location” refers to the receiver location.

1.1.7 “driver” – shall be understood to refer to the person tasked by the company to carry out the requested pickup and delivery consignment

1.1.8 “transport” – includes the loading, unloading, handling, storage and carriage of the goods, and

includes any services provided by the company in connection there within;

1.1.9 “waybill” – includes any waybill and/or documentation, printed or digital, pertaining to the ordered/consigned goods;

1.1.10 “estimate” – Refers to the total price field (including harmonized sales tax) generated from an online quote (https://prestocourier.ca/Quotes/). The estimate shall be deemed a reasonably close guideline for pricing but may not be deemed indicative of actual, finalized pricing.

2. APPLICATION OF TERMS AND CONDITIONS

These terms and conditions of carriage apply to all goods transported by the company.

3. SHIPPER WARRANTIES & AFFIRMATIONS

3.1 The Shipper affirms that:

3.1.1 It is the rightful owner of said goods or is authorized by the rightful owner to deal with said goods;

3.1.2 All documentation, information, and instructions, in accordance with the consignment, supplied by it to the company, shall be true and correct in all respects;

3.1.3 All descriptions there within, values and other particulars, provided by the shipper be it written, verbal, or digital, and accompanied by the consignment, including those reflected on the waybill, shall be true and correct in all respects;

3.1.4 All consignments shall be appropriately and properly packed, labeled, marked, and addressed by the shipper in accordance with International Safe Transit Association (ISTA) Procedure 3A, so as to ensure safe and accurate transportation;

3.1.5 Multiple parcel shipments must be labeled with the full delivery address and contact information on each package and each piece individually numerically marked “X of X”.

3.1.6 The Shipper’s goods and consignments are to be packed in such a manner as to prevent unauthorized access and/or interference to said goods and consignments unless otherwise explicitly breached in accordance with and within the rights of the company, pursuant to section 4;

3.1.7 The Shipper’s goods and consignments, or any part there within, do not constitute illegal or hazardous articles, or articles
prohibited or restricted for transportation within Ontario, or articles prohibited or restricted for distribution within Ontario, or violate any Canadian law or regulation;

3.1.8 The Shipper’s goods and consignments will comply with, and will be packed, labeled, and marked, in such a manner as to comply with, all applicable Ontario and Canadian based laws and regulations.

4. RIGHT OF INSPECTION

The company is entitled (but not obligated) to open, and to inspect, the goods and consignments, at any time.

5. PROHIBITED GOODS

5.1 The shipper shall not provide or deliver the following goods into the possession of the company:

5.1.1 Currency, precious stones and/or metals, bullion, jewelry, antiques, collectibles, art works and/or other valuables;

5.1.2 Human remains, bodily fluids, livestock, animal or plant matter, including fertilizer or other explosive materials;

5.1.3 Alcohol, tobacco and/or firearms

5.1.4 Fragile objects such as glass, glassware, pottery, crockery, porcelain, china or other fragile goods, unless explicitly stated within the waybill and agreed upon by the company;

5.1.5 Any goods which are, may be or become, a contaminant, dangerous, flammable, noxious, toxic, or in any other way harmful or injurious to a person and/or property, or any combination of products when combined, can produce the effects mentioned above;

5.1.6 Any goods which are perishable, requiring protection from heat or cold, unless specifically disclosed and agreed upon prior to consignment acceptance.

5.1.7 Any goods which are prohibited by law or regulations of any federal, provincial, or local government in the origin country or destination country.

5.2 Should the shipper provide or deliver such aforementioned goods into the possession of the company in breach of the provisions of section 5.1 and/or should the company nevertheless transport such goods, the company shall incur no liability in respect of such goods, and the shipper shall be deemed to have indemnified the company against all loss, liability and/or damage caused to the company as a result of the tender of the goods to the company and/or the transportation of the goods by the company.

6. TRANSIT TIME, ROUTING AND DELIVERY

6.1 The company will use its best efforts to transport and deliver the shipper’s goods and consignments in accordance with its advertised and agreed upon services and schedules, including pickup, dropoff, & total transit time, but does not guarantee that it can attain such service level agreements 100% of the time, and is also not responsible for delays occasioned by events beyond its control, including but not limited to traffic, weather condition, and acts of God;

6.2 The company shall have an absolute discretion as to the means, routes and procedures to be followed in the transportation of the goods, including toll routes as agreed upon at the customers behest;

6.3 The company will use its best efforts to deliver the shipper’s goods and consignments to the address as reflected on the waybill and/or order, although not necessarily to the consignee in person should said person be unavailable. Should the consignee refuse delivery of the goods and consignments, or should the company be unable to locate the consignee, or should the consignee be unavailable, or should the company be unable to deliver the goods for any other reason whatsoever, the company will use its best efforts to return the goods to the shipper if so instructed, at an expense to the shipper of 50% of the original consignment total, failing which the company shall be entitled to, at its discretion, detain, store, sell, abandon or destroy the goods, or any part thereof, at the risk and expense of the shipper;

6.4 In addition the aforementioned, should the consignee fail to take delivery of or collect the goods and consignments for any reason whatsoever, within 60 days of being called upon to do so, the owner of the goods shall be deemed to have irrevocably abandoned and relinquished its ownership of said goods and consignments.

7. INSURANCE

7.1 Upon request, the company will endeavor to obtain for the shipper such insurance as the shipper instructs in writing, subject to payment by the shipper of the applicable insurance premium, limited to a minimum insurable amount of $50 and maximum insurable amount of $5000 unless otherwise stated;

7.2 Such insurance will be subject to exceptions, exclusions, limitations and maximums (aforementioned), and conditions as may be imposed by the insurer adopting such risk;

7.3 The company shall be under no obligation to insure consignments separately but may insure consignments under any open or general policy held by it from time to time;

7.4 It is the responsibility of the shipper to acquaint itself with the exceptions, exclusions, limitations, maximums and conditions applicable to any open or general policy held by the company from time to time, and the company does not guarantee that all goods will be capable of being insured, or that all risks will be capable of being insured against, or that insurance will be obtained for the amount requested by the shipper;

7.5 To the extent that the company agrees to arrange insurance for the shipper, it does so as agent and not the insurer, for and on behalf of the shipper, notwithstanding that the premium may be paid by the company.

7.6 Save to the extent set out in these terms and conditions, the transportation of the goods are entirely at the owner’s risk;

7.7 Consignments may not be insured for a greater amount than the declared value of the package and/or total packages being shipped;

7.8 Declared consignment value and total insurable amounts shall not protect nor garner reimbursement against late or delayed shipments;

7.9 By default, consignments are not insured unless explicitly requested, agreed upon, and paid for prior to order acceptance.

8. CHARGES, PAYMENTS & REFUNDS

8.1 Charges are calculated according to the higher of actual or volumetric weight. The company shall have

the right to re-weigh and to re-measure any goods delivered to it for transportation and to correct any

under-declaration of weight;

8.2 The shipper shall be liable for any duties, taxes, imposts, levies, surcharges, fines, penalties, deposits or

outlays levied by, or payable to, authorities, intermediaries or other third parties in connection with the

goods, or the transportation thereof, and for any disbursements made by the company on its behalf in this regard;

8.3 Where the company agrees to bill its charges and disbursements, or any portion thereof, to the consignee or any other person, the shipper will never the less remain responsible for the payment thereof if they are not paid in full by such consignee or other person, immediately when due;

8.4 Unless otherwise agreed to in writing, all payments related to the consignment are due upon order acceptance and are payable by credit card or by cash upon presentation;

8.5 The shipper shall not be entitled to withhold or to defer payment because of any claim or reason that it might allege;

8.6 The company shall be entitled to revise its rates from time to time, without prior notice to the shipper.

8.7 The company retains the right to charge additional costs for shipments that fall outside of standard business shipping practices, including but not limited to the following

8.7.1 After hours shipments may be accommodated as an Emergency 1.5 service and upon driver availability at a rate of 2x the normal shipping rate for such a service;

8.7.2 Oversized shipments deemed to be in excess volumetric weight may/shall be subject to additional charges. The company calculates Dimensional weight by the International Air Transport Association (IATA) volumetric standard for domestic shipments by multiplying length(in) x width(in) x height(in) of each package and dividing by 194. Should the sum of the volumetric weight exceed the actual package weight, the volumetric weight will be used to determine the final weighted shipping cost;

8.7.3 Overweigh shipments exceeding 150 pounds shall incur additional charges based upon the severity, per pound, of the overage; The company makes no formal guarantee that such consignments can always be accommodated;

8.7.4 Consignments with mislabeled parcels and/or parcels missing labels as a result of negligence that result in driver error, excess administration, excess fuel charges, shipping delays, misdelivery, failure to deliver, or damages may and/or shall face additional charges at the discretion of the company. Guarantees present to the company’s policies shall also be deemed forfeit under such conditions;

8.7.5 Unavailable Pick-ups (Dead call) consignments in which the shipper is unavailable to provide the parcel for transit shall be the fault of the consignee and are subject to additional charges;

8.7.6 Undeliverable shipments (refusal of shipment) consignments in which the receiver is unavailable to accept the parcel for delivery or declines the delivery shall be the fault and responsibility of the consignee and may/shall be subject to additional charges;

8.7.7 In such an occurrence that a consignment is undeliverable the company may attempt to redelivery the package at their, and the consignees discretion, which may/shall be subject to additional charges;

8.7.8 Pickups and deliveries of consignments that are not immediately available for the driver to receive into transit, for a period within less than 10 minutes of driver arrival, shall be subject to additional charges;

8.7.9 Consignments with parcels of excess dimensional or outright weight, at the discretion of the company, of which require a 2nd able bodied individual from the company to assist in loading said parcel, should an abled bodied individual from the shipper or receiver not be able to assist, may/shall be subject to double the original charges;

8.7.10 Congsiments requested for shipment beyond the Greater Toronto Area may be subject to additional charges at the discretion of the company.

8.7.11 Use of toll routes, as agreed upon at the customers behest, shall be billable in full back to the customer;

8.7.12 Declined Payments, NSF Fees, insufficient funds penalties, or any fees incurred by the company, for any and all reasons, as a result of failure to process payments for services rendered, shall be billed back to the consignee;

8.8 Should the company fail to attempt or complete delivery, within it’s allotted service level agreement or time commitment, the company, at its discretion, shall reduce the charges to the next appropriate service level either by credit or refund for each such consignment, to the payer only, upon request, subject to the limitation of liability conditions and exclusions outlined in section 8 and 9.

9. LIMITATION OF LIABILITY

9.1 Where the transportation of goods via air shipment is governed by the Montreal Convention, the company’s liability for delay, loss or damage to the goods shall be limited in accordance with the provisions thereof;

9.2 Where the transportation of the goods is not governed by the Montreal Convention, the company’s

liability for delay, loss or damage to the goods shall, without prejudice to its right to rely on any other

ground of limitation or exception contained herein, be limited in any event to the lesser of:

9.2.1 $50 per consignment; or

9.2.2 The value declared on the waybill (if any); or

9.2.3 The actual replacement value of the goods.

9.3 The company shall not be liable for any indirect or consequential damages or loss, howsoever arising,

including loss of profits, income, business or goodwill, or contractual penalties.

10. EXCLUSIONS

The company shall not be liable in any way for any delay, loss, damage, or degradation caused by, or attributable to:

10.1 An act of God, or any circumstance beyond the company’s control, including but not limited to, weather, governmental disruptions, disruptions to critical infrastructure including road, electricity, water, natural gas, workplace unrest, strikes, & lockouts;

10.2 An act or omission on the part of the consignee, shipper or receiver;

10.3 Consignments that are mislabeled, including but not limited to the, shipper/receiver address details, consignee information, information on shipped goods, errors in written submission for service request, including digital submissions;

10.4 Any latent defect, or inherent vice or weakness, in the goods;

10.5 Any loss or damages to any package due to improper packaging;

10.6 Destinations exceeding the Greater Toronto Area or any area not agreed upon prior to order acceptance by the company;

10.7 Consignments shipped to P.O. boxes or rural route numbers;

10.8 Consignments submitted outside of the companies standard operating hours;

10.9 Any prohibited items as outlined in section 5;

10.10 Any reason other than a grossly negligent act or omission on the part of the company.

11. CLAIMS

11.1 Any claim against the company must be notified to the company in writing accompanied by copies of all

relevant documentation, within 14 days of the date of delivery of the goods by the company or, in

circumstances of non-delivery, within 14 days of the scheduled delivery date of the goods, failing which it

shall be deemed to have been disqualified for all purposes;

11.2 Subject to compliance with section 11.1, any claim against the company shall be disqualified for all purposes

180 days after the date of delivery of the goods by the company or, in circumstances of non-delivery, after the scheduled delivery date of the goods, unless prior to the expiry of the period a summons or other process instituting legal action has been served on the company.

11.3 The signature of the consignee on the waybill, in acknowledgment of having received the goods referred to therein in good order and condition, shall be proof of the goods referred to therein having been properly delivered by the company, in good order and condition.

11.4 Any claim against the company for loss or damage to the goods shall, in addition to 11.1 and 11.2, be

disqualified for all purposes unless the consignee notes the nature of such loss or damage on the waybill at the time of taking delivery;

11.5 The provision of 11.4 shall apply even though the consignee may have endorsed the waybill with the words: “not checked” or some similar such words.

12. LIEN

12.1 The goods, and all documents relating thereto, as well as any refunds, repayments, claims and other recoveries processed by the company on the shipper’s behalf, shall be subject to a special and

general lien and pledge, in favor of the company, either for monies due in respect of such goods or

for other monies due to the company by the shipper.

12.2 If any monies due to the company are not paid in full within 14 days after written notice has been

given to the shipper demanding payment and noting that such goods or items have been detained

the goods or other items may be sold by auction, or otherwise disposed of, at the company’s

discretion and at the shipper’s expense, and the net proceeds, after expenses, applied in our towards satisfaction of such indebtedness.

13. INDEMNITY

The shipper indemnifies the company against all liabilities, damages, claims, costs and expenses incurred

or suffered by the company arising directly or indirectly from, or in connection with, the shipper’s instructions

or their implementation by, or on behalf of, or at the instance of the company, in relation to the transportation of the goods (even where the company has consented to the transport of the goods); or any breach of the

warranties given to the company by the shipper.

14. PACKING

It is the shipper’s sole responsibility to ensure that all goods are properly and appropriately packed, marked,

labeled and addressed, and the company shall have no obligation whatsoever in this regard.

15. COMMUNICATION & PROOF OF DELIVERY

15.1 Communicative notifications for consignments and their status shall be delivered to the consignee via E-Mail, SMS, and/or Phone notifications and any and all expenses incurred by the consignee or their affiliates are the sole responsibility of those parties;

15.2 The company does not guarantee communicative notifications for deliveries that require immediate processing should the consignee instruct the company to ensure pickup and delivery in a timeline that does not allow for such administration;

15.3 Under circumstances in which an act of God, or any circumstance beyond the company’s control (as outlines in section 10.1) shall prevent communicative notifications from being processed, the company shall still pursue pickup and delivery obligations, if such obligations were previously agreed upon, with no further obligation to notify the consignee, shipper, or receiver;

15.4 Proof of delivery by means of photographic documentation or customer sign off, is a default policy of the company, and will be conducted unless otherwise explicitly requested by the consignee, shipper, or receiver, to abstain from such;

15.5 By signing or accepting digital photographic evidence, the receiver acknowledges receipt of consignment at the drop-off location. Photo proof of delivery acknowledges that the consignment was delivered and received at the requested drop-off location, with no damages.

15.6 Proof of delivery shall be provided to the consignee, shipper, and/or receiver as a default obligation by the company, excluding circumstances in which such proof of delivery is not possible, including but not limited to, general service interruptions, health concerns, declination by the consignee, shipper, or receiver, unavailability of the consignee, shipper, or receiver

15.7 Failure by the company to provide proof of delivery does not entitle the consignee or any of it’s affiliates to indemnification of the consignment and shall not be used by those parties as a means to forego payment of services to the company.

17. TAXES

Applicable provincial and federal taxes, as required by law, will be charged on all consignment costs and surcharges. The customer agrees to pay the company any and all taxes assessed to their consignment.

18. COUNTRY OF ORIGIN & CURRENCY

Business functions, services, and daily operates of the company are conducted within Ontario, Canada. All funds represented herein this document and on the companies website are marked as Canadian (CDN) dollars even when not explicitly stated as such.

18. GENERAL

18.1 These terms and conditions constitute the whole agreement between the company and the shipper as to the subject matter hereof and no agreements, representations or warranties between the company and the shipper, other than those set out in these terms and conditions are binding on the parties.

18.2 No amendment to, or alteration of, or variation of, or deletion of, or addition to, or cancellation of, these terms and conditions, whether consensual or unilateral or bilateral, shall be of any force and effect unless reduced to writing and signed by the company and the shipper. No agreement, whether consensual or unilateral or bilateral, purporting to obligate any party to sign a written agreement to amend, alter, vary, delete, add to or cancel these terms and conditions, shall be of any force and effect unless reduced to writing and signed by the company and the shipper.

18.3 Each of the provisions of these terms and conditions shall be considered as separate terms and conditions and in the event that these terms and conditions are affected by any legislation or any amendment thereto, or if the provisions herein contained are by virtue of that legislation or otherwise, held to be illegal, invalid, prohibited or unenforceable, then any such provisions shall be ineffective only to the extent of the illegality, invalidity, prohibition or unenforceability and each of the remaining provisions hereof shall remain in full force and effect as if the illegal, invalid, prohibited or unenforceable provision was not a part hereof.

18.4 The validity and interpretation of these terms and conditions will be governed by, and construed in accordance with, all applicable provincial laws of Ontario, and all applicable federal laws of Canada.

18.5 The shipper authorizes the company to perform any of the following activities on its behalf in order to facilitate the transportation of the goods: the completion of any document; the performance of any other activity reasonably required by, or reasonably incidental to, the transportation of the goods. The shipper shall ratify, allow and confirm anything so done by the company on its behalf in good faith and shall reimburse the company for any amount so disbursed by it.

18.6 The shipper irrevocably waives any right to claim against any officer or employee of the company for any act or omission committed by such officer or employee in connection with, or arising out of, the transportation of the goods.

18.7 The company is not a public service carrier and may decline any request for service or may decline to transport any goods delivered into its possession.