Terms and Conditions for the Services of Trans BC Freight Ltd (“TBC”).

1. Any and all services offered by Trans BC Freight Ltd. (referred to as “TBC”) to all Customers are subject to and incorporated with these Terms and Conditions. Reference to “Customer” herein includes the actual customer with whom TBC has a relationship with, this refers to a direct relationship, as well as any shipper, consignee or entity claiming legal or beneficial ownership of cargo.

2. These Terms and Conditions herein adopt and incorporate i) all tariff page published by TBC or any rate quotation sent from TBC to all Customers (collectively, “TBC Tariff”), ii) bill of lading’s issued by TBC as a carrier or it’s subcontractor acting for TBC, which shall include any terms and conditions deemed applicable at law (collectively, “TBC BOL”), TBC bills of lading are solely distributed online through digital services (paper copies may be applicable however are not the first source of distribution), therefore customers needing an original copy may use digital copies as ‘original first copies’ and iii) Standard Trading Conditions published by the Canadian International Freight Forwarders Association (the “CIFFA Standard Trading Conditions”). The CIFFA Standard Trading Conditions are available by clicking here or by visiting www.ciffa.com.

3. In the event of conflict or inconsistency between these Terms and Conditions, any TBC Tariff, any TBC BOL and/or the CIFFA Trading Conditions precedence shall be given in the following order:

• i) the TBC tariff;
• ii) the TBC BOL;
• ii) these Terms and Conditions, then
• iii) the CIFFA Standard Trading Conditions.

4. Without limiting the aforementioned in any way, the TBC Terms and Conditions apply to all of its transload, storage, terminal, dray transportation, freight forwarding services and operations and to any other on demand services listed in a TBC Tariff or TBC BOL.

5. Where TBC issues a TBC BOL or offers services including taking actual physical possession of goods, TBC assumes liability for such goods for that time period following their physical receipt by TBC (or its subcontractors) and for as long as they remain in its or their actual care and possession

6. TBC cannot be held responsible for any loss of product, freight or accessorial charges (including however not limited to, demurrage or detention charges) unless i) at the time any charges accrued or been incurred TBC gave direction with authority or approved and or accepted any service in question through mandate (and this was done expressly by TBC) then only would it give rise to such charges and ii) the charges in question have resulted from any negligence by TBC.

7. Notwithstanding any provision herein when TBC issues a TBC BOL any liability of TBC concerning cargo loss or damage occurring while in the possession or care of another party shall not exceed that of the other party.

8. Notwithstanding any provision herein TBC won’t be liable or responsible in any event for loss or damage to cargo and/or expense directly or indirectly arising from:

• (i) the natural loss of weight of cargo or the natural loss of mass of cargo due to reduction in mass from natural occurrences but not limited to,
• (ii) inherent vice,
• (iii) any shortage, loss and/or damage arising from the nature of and/or handling of any packaging in which goods were delivered into the possession of TBC including, without limitation, ripped, burst, leaking or torn packages,
• (iv) any goods that endures loss of weight arising from calculations conducted by a certified scale assessment either done by TBC or by any third party scale company,
• (v) Act of God,
• (vi) the Queen’s or public enemies,
• (vii) riots or strikes,
• (viii) authority of law, or quarantine claims, and
• (ix) act of the Customer or any third party engaged on its behalf to handle cargo.

9. Any claimant or Customer must notify TBC of any claims concerning cargo in expressed written terms within 30 days from the date that the TBC service is completed. In the event where there is total loss of goods then the claimant or customer must notify from the date that the TBC service should have been completed.

10. TBC does not accept any liability for claims arising from loss of consequential or indirect nature, this includes loss of market as well. TBC fuel charge rates comply with the appropriate rates set out by the jurisdiction of the regulated ports however, any and all services directly pertaining to TBC’s services that are carried out from their home terminal yards or their sole services that are separate from the jurisdiction of the ports are charged at the rates determined at full discretion from TBC.

11. Cargo (including documents that relate to cargo) is subject to a particular and general lien and right of detention for monies owing either in respect of such cargo, or for any particular or general balance or other monies owed, whether then due or not, by the Customer to TBC.

12. These Conditions shall be governed by applicable Canadian law. The Customer irrevocably attorns to the exclusive jurisdiction of the Courts of British Columbia in respect of any dispute or claim arising in connection with services performed or offered by TBC.