Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer", "you", "your") and Last Minute Shippers ("LMS", "we", "us", "our"), a freight forwarding service operating in Canada. By accessing our platform, requesting quotes, or booking shipments, you agree to be bound by these Terms.

1. Acceptance and Scope

By using our services, you confirm that you:

• Are at least 18 years of age or represent a business entity authorized to enter contracts
• Have the authority to bind yourself or your organization to these Terms
• Accept these Terms in their entirety without modification
• Agree to comply with all applicable Canadian laws and regulations

Clicking "Accept", submitting a quote request, or confirming a booking constitutes a binding agreementbetween you and LMS under these Terms.

2. Service Description

Last Minute Shippers provides freight forwarding services including:

• Quote Generation: Obtaining freight rates from multiple carriers
• Booking Services: Arranging shipments with carriers on your behalf
• Documentation: Assisting with shipping documentation and customs paperwork
• Tracking: Providing shipment status updates
• Customs Brokerage Coordination: Facilitating customs clearance (where applicable)

Important: LMS acts as a freight forwarder and intermediary. We are not a carrier. Shipments are executed by third-party carriers under their terms and conditions.

3. Quotes and Pricing

3.1 Quote Validity

• All quotes are valid for 7 days from the date of issuance unless otherwise specified
• Quotes are estimates based on information you provide and are subject to verification
• Rates may change due to fuel surcharges, carrier rate adjustments, or currency fluctuations
• Quotes are non-binding until you accept and confirm the shipment booking

3.2 Additional Charges

You may incur additional charges for:

• Dimensional weight adjustments (if actual dimensions differ from declared)
• Special handling (hazardous materials, oversized cargo, temperature control)
• Customs duties, taxes, and brokerage fees
• Storage or demurrage charges for delayed pickup/delivery
• Address corrections or delivery reattempts
• Inspection fees required by regulatory authorities

3.3 Currency and Taxes

All prices are quoted in Canadian Dollars (CAD) unless otherwise specified. GST/HST and provincial taxes apply as required by law. You are responsible for all applicable duties and taxes on international shipments.

4. Payment Terms

• Payment Due: Payment is due upon booking confirmation unless credit terms are approved in writing
• Accepted Methods: Offline payment via bank transfer, EFT, or approved business credit account
• Late Payment: Overdue accounts may incur interest at 2% per month (26.82% APR) or the maximum allowed by law
• Right to Withhold: We reserve the right to delay or refuse service for accounts with outstanding balances
• Collection Costs: You are responsible for all costs of collection including legal fees

5. Liability and Insurance

5.1 Carrier Liability

Shipments are subject to the carrier's terms and conditions, including:

• Ocean Freight: Governed by the Hague-Visby Rules or carrier's bill of lading terms (typically $500 USD per package or unit)
• Air Freight: Governed by the Montreal Convention (approximately $22 CAD per kilogram)
• Ground/Trucking: Governed by carrier's standard terms (typically $2-4 per pound)

5.2 LMS Liability Limitations

As a freight forwarder, LMS's liability is limited as follows:

• LMS is not a carrier and is not liable for loss, damage, or delay caused by carriers
• Our maximum liability is limited to $100 CAD per shipment or the amount of fees paid to LMS, whichever is lower
• We are not liable for consequential, indirect, or special damages including lost profits or business interruption
• Claims must be filed in writing within 30 days of delivery or expected delivery date

5.3 Cargo Insurance

We strongly recommend purchasing cargo insurance for all shipments. Standard carrier liability is minimal and may not cover your goods' full value. We can arrange cargo insurance upon request for an additional fee.

6. Customer Obligations

6.1 Accurate Information

You must provide accurate and complete information including:

• Cargo description, dimensions, weight, and value
• Origin and destination addresses (complete and deliverable)
• Special handling requirements (hazmat classification, temperature control, etc.)
• Commercial invoice and customs documentation for international shipments

You are liable for additional costs arising from inaccurate information.

6.2 Packaging and Labeling

• Cargo must be properly packaged to withstand normal transportation handling
• Labels must be clear, legible, and comply with carrier and regulatory requirements
• Hazardous materials must be declared, classified, and packaged per IATA/IMDG/TDG regulations

6.3 Customs Compliance

For international shipments, you must:

• Provide accurate commercial invoices and customs declarations
• Comply with export/import regulations in origin and destination countries
• Obtain all necessary permits, licenses, and certificates
• Pay all duties, taxes, and customs fees

6.4 Prohibited and Restricted Goods

You may not ship:

• Illegal goods or goods prohibited by Canadian law or destination country law
• Items subject to international sanctions or embargoes
• Counterfeit goods or items infringing intellectual property rights
• Undeclared hazardous materials or dangerous goods
• Firearms, ammunition, or explosives (without proper authorization)
• Human remains, organs, or biological samples (without permits)

You indemnify LMS against all losses, fines, or penalties arising from shipment of prohibited goods.

7. Cancellation and Modifications

7.1 Before Pickup

• You may cancel or modify bookings at no charge if notified 24 hours before scheduled pickup
• Cancellations within 24 hours may incur a $50 CAD cancellation fee
• Address changes after booking confirmation may incur additional charges

7.2 After Pickup

• Once cargo is picked up, shipments cannot be cancelled
• Destination changes may be possible subject to carrier fees and approval
• Rerouting or returns incur full shipping costs plus handling fees

8. Force Majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including:

• Natural disasters (earthquakes, floods, severe weather)
• War, terrorism, civil unrest, or government actions
• Strikes, labor disputes, or transportation disruptions
• Pandemics or public health emergencies
• Carrier failures, port closures, or customs delays

9. Intellectual Property

All content on our platform including logos, trademarks, software, and documentation is owned by LMS or licensed to us. You may not reproduce, distribute, or create derivative works without written permission.

10. Privacy and Data Protection

Our collection and use of your personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using our services, you consent to our data practices as described in the Privacy Policy, including compliance with PIPEDA.

11. Electronic Communications (CASL Compliance)

By using our services, you consent to receive transactional communications (shipment updates, invoices, service notifications) via email and SMS. These communications are necessary for service delivery and are not marketing.

Marketing Communications: We will only send promotional emails with your explicit consent as required by Canada's Anti-Spam Legislation (CASL). You may unsubscribe at any time via the link in marketing emails.

12. Dispute Resolution

12.1 Governing Law

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles.

12.2 Jurisdiction

You irrevocably submit to the exclusive jurisdiction of the courts located in Toronto, Ontario for resolution of any disputes arising from these Terms or our services.

12.3 Mediation

Before initiating litigation, parties agree to attempt resolution through good-faith negotiation or mediation. Mediation costs will be shared equally.

12.4 Time Limitation

Any claim or action must be commenced within one (1) year from the date the cause of action arose. Claims filed after this period are permanently barred.

13. Indemnification

You agree to indemnify, defend, and hold harmless LMS, its affiliates, and employees from all claims, damages, losses, and expenses (including legal fees) arising from:

• Your breach of these Terms
• Inaccurate information you provide
• Shipment of prohibited or restricted goods
• Non-compliance with customs, export, or import regulations
• Claims by third parties related to your shipments

14. Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force. Invalid provisions will be modified to the minimum extent necessary to make them enforceable.

15. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and LMS regarding our services and supersede all prior agreements or understandings.

16. Amendments

We reserve the right to modify these Terms at any time. Material changes will be communicated via:

• Posting the updated Terms with a new "Effective Date"
• Email notification to active customers
• Prominent notice on our platform

Continued use of our services after changes constitutes acceptance of the modified Terms.

17. Contact Information

For questions about these Terms or our services:

Note for Legal Review: These Terms of Service are drafted for a Canadian freight forwarding business operating under Ontario law. Please review with legal counsel to ensure alignment with your specific business practices, carrier agreements, and industry regulations. Update liability limits, payment terms, and contact information as needed. Consider obtaining specific legal advice regarding international shipping regulations and carrier liability limitations.