A.M. Delivery Terms & Conditions
These Terms and Conditions apply to the provision of all A.M. Delivery services when shipping between points in Saskatchewan. In the event of any conflict or inconsistency between these Terms and Conditions and any other written or oral statement these Terms and Conditions shall govern. These Terms and Conditions together with the applicable waybill constitute the entire agreement with respect to A.M. Delivery services and set out all covenants, promises, warranties, representations, conditions, understandings, and agreements with respect to A.M. Delivery services, and supersede all previous terms and conditions and any other prior documentation concerning A.M Delivery services. A.M. Delivery reserves the right from time to time to unilaterally modify, amend, or change these Terms and Conditions without notice.
A.M. Delivery agrees to provide, at A.M. Delivery’s specified rates, courier services in accordance with the terms and conditions set out in these Terms and Conditions. A.M. Delivery does not deliver to P.O. Boxes, rural land locations and/ or fire routes. A.M. Delivery services available include in town, in area, out of area as per the website.
A.M. Delivery does not guarantee same day or next day delivery except to guarantee that it will get there in a timely manner
An additional charge will be applied as per the A.M. Delivery rates in effect at the time of shipping for the following cases.
When applicable a Non-Standard shipment surcharge fee will apply for the following instances; Overweight – Any package or article equal to or greater than 75 pounds (34 kilograms) in weight (determined by the greater of the actual, cubed or declared weight) Oversize – Any package or article which measures greater than or equal to 96 inches (154 centimeters) in length. The Overweight fee will not be charged in combination with an Oversize fee.
Repeat Delivery Attempt
If A.M. Delivery is unable to deliver a shipment on the first attempt, a notice will be left at the Receivers delivery address stating that a delivery attempt was made.
For select A.M. Delivery services and select destinations this optional Saturday delivery service is available at an extra charge above regular delivery rates. The Saturday delivery option is limited to the City of Swift Current. Arrangements must be made with the office before hand and indicated on the waybill at the origin pickup location. The applicable fuel surcharge in effect at the time of the shipping will also apply to this service.
Shipment Value Protection
If a shipper declares the value of a shipment exceeding $2,500 to a maximum of $5,000 then a pre-authorization must be obtained from A.M. Delivery prior to shipping. Product is subject to inspection with a high value declaration at A.M. Delivery’s discretion. If no value is declared the coverage is limited to $100.00. If there is a claim on a damaged item, the item becomes the property of A.M. Delivery when the value is paid to the claimant. Insufficient packaging (at A.M. Delivery’s discretion) will cause the shipment to be sent at owner’s risk of damage and no coverage will be applied.
Claims for Loss or Damage to Shipments
A.M. Delivery 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 A.M. Delivery in writing within 7 days of delivery, failing which A.M. Delivery will have no liability in respect of the Shipment; however, where the Convention applies, different time limits may be applicable. A.M. Delivery may also require supporting documentation 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 (at A.M. Delivery’s sole discretion) may result in the claim being denied.
A.M. Delivery shall not be liable for any special, indirect, incidental, consequential or punitive damages including but not limited to, loss of income, profits, interests, utility or loss of market incurred by Shipper, Receiver or Third Party (or any other person or company) as a result of A.M. Delivery’s (or A.M. Delivery’s agents or independent contractors) acts or omissions, including but not limited to gross negligence, negligence causing damage, failure to deliver, loss or theft of or damage to the shipment, or late or delayed shipment.If a Shipper, Receiver or Third Party has an extremely time sensitive package, the loss or delay of which may result in consequential damages, the shipper must contact his own insurance agent or broker to insure against such risks, as A.M. Delivery does not assume such liabilities. A.M. Delivery does not provide and will not arrange for such insurance.
Customers shall pay A.M. Delivery within 30 days from date of invoice. In the event the customer fails to pay an invoice in full, when due, interest calculated at the rate of 2% per month shall accrue and be payable to A.M. Delivery, on all outstanding amounts.Sales Tax: The customer will pay A.M. Delivery any and all applicable sales taxes as required by law. GST/HST Registration Number – 839125820RT0001Method of PaymentA.M. Delivery has a machine to process debit or credit card payments. Acceptable methods of payment include Visa, Mastercard, Interac Debit, E-Transfer, Cheque- payable to A.M. Delivery or cash. Only Credit cards and not debit can be accepted for payment of UPS shipments where the information is sent to them and they process the payment in their respective facilities.Invoice AdjustmentsInvoice and billing discrepancies must be brought to the attention of A.M. Delivery within thirty (30) days from the invoice date. After such time any billing dispute is waived and deemed accepted by the customer.
Shipper Payment Guarantee
The shipper shall pay A.M. Delivery all shipping charges including all accessorial, taxes and fuel charges, in the event that the receiver, on a collect shipment or third party shipment refuses to pay A.M. Delivery, when a shipment is undeliverable (including when the receiver is unable to accept delivery of the shipment for any reason), the shipper shall pay all the charges incurred in the delivery and the return of the shipment to the shipper (including all Taxes and Surcharges). In the event that a collect shipment is sent to a receiver who does not have an account with A.M. Delivery and prior arrangements have not been made for a cash collect on delivery, charges will automatically revert back to the shipper.
A.M. Delivery reserves the right to refuse to accept (in whole or in part) any shipment which A.M. Delivery and its drivers determines, in its sole discretion, may result in damage or delay to other shipments, equipment or personnel, or when the carriage of the shipment is prohibited by law. A.M. Delivery reserves the right to refuse service in its sole discretion any shipment that may soil, taint or otherwise damage other merchandise or equipment, or which is economically or operationally impractical to transport, or which is improperly prepared, packaged or wrapped for transport. A.M. Delivery reserves the right to refuse to provide service when the account of the person or entity responsible for payment is not in good standing.
To calculate the cubed imperial weight for all shipments, use: L x W x H (in inches) / 1,728 (1 cubic foot) x 10* (cubing factor in LBS) = volumetric weight in pounds.
At any time during the transport and notwithstanding that a weight may be declared on the waybill, A.M. Delivery may reweigh or cube any shipments and assess additional transportation charges based on the IATA volumetric standard. Reweighing is done utilizing scales approved by Weights & Measures Canada. A.M. Delivery may in sole discretion, increase or adjust charges based on the results of a reweigh or cube assessment. If the shipment weight is not declared on the waybill, A.M. Delivery will enter a weight at their discretion and charge for weight adjustment.
A.M. Delivery will accept for shipment certain classes of Dangerous Goods subject to compliance with all applicable legislation, including the Transportation of Dangerous Goods Act. A.M. Delivery will only accept dangerous goods for shipment that are properly packaged to ensure safe transportation in accordance with all applicable laws and all required paperwork is provided. An additional charge will be applied to each Dangerous Goods shipment as per the A.M. Delivery rates in effect at time of shipping. A.M. Delivery may change its policies in connection with Dangerous Goods without notice.Tendering Dangerous Goods shipments:
Without notice, A.M. Delivery may, at its sole discretion, open and inspect any shipment and its contents at any time. Customs authorities, or other governmental authorities, may also open and inspect any shipment and its contents at any time.
Declared value for carriage is required by A.M. Delivery to determine transport liability limits, while “declared value for customs” is required by customs officials for possible assessment of duties and taxes. The declared value for carriage of any shipment represents A.M. Delivery’s maximum liability in connection with a shipment to the rules of liability established by the Convention where the Convention applies. In no event, however, shall there be a declared value in excess of $5,000 and any value declared in excess of same will be deemed to be invalid. The shipment value must be declared on the waybill at the time of pickup. All shipments with a declared value exceeding $2,500 must have prior arrangements made with A.M. Delivery. Additional charges will apply.
Shipments containing glass, liquids, ceramics, items requiring temperature control, privately packaged, perishable items including flowers, personal items, human remains, or undisclosed prohibited items accepted by A.M. Delivery will travel at the shipper’s risk on a no-value basis and A.M. Delivery’s maximum liability cannot be increased by the customer (even if a higher value has been declared on the waybill).
A.M. Delivery assumes no liability for any loss, damage or delay due to improper packing or marking of shipments.
A.M. Delivery is not liable if a shipment is lost, damaged, delayed, misdelivered or fails to deliver because of circumstances beyond A.M. Delivery’s control. Including and without limitation to, any act, default or omission of the Shipper, owner, receiver or any party having an interest in the shipment, defects to do with the nature of the shipment, incorrect or inadequate packaging or markings or address even if known to us when we accepted it, Act of God” (e.g. earthquake, cyclone, storm, flood), “Force majeure” (e.g. war, terrorism, zombie apocalypse), Disruptions in ground transportation, Civil unrest, Disruption or failure of communication and information systems. A.M. Delivery is also not liable for electrical or magnetic damage to, or erasure of, electronic or photographic images or recordings.
Shippers warrant that each item in a shipment to be carried under these Terms and Conditions are properly described on the Bill of Lading and that such items are acceptable for transport by A.M. Delivery, and that the shipment is properly marked, addressed and packaged in accordance with these Terms and Conditions and all applicable laws (including, without limitation, Dangerous Goods legislation and IATA and ICAO regulations). The shipper indemnifies A.M. Delivery for any and all claims arising out of the shipper’s breach of such warranty.
The Bill of Lading and these Terms and Conditions shall be governed by the laws of the jurisdiction where the shipment originates, and the customer irrevocably submits to the nonexclusive jurisdiction of the courts of such jurisdiction, unless contrary to applicable law.
If, in any jurisdiction, any provision of these Terms and Conditions or its application to any party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provisions of these Terms and Conditions and without affecting the validity or enforceability of such provision in any other jurisdiction or without affecting its application to other parties or circumstances.
A.M. Delivery reserves the right to unilaterally modify or amend any portion of the A.M. Delivery Rates or Terms and Conditions at any time without prior notice.