Trading Conditions

LAST MINUTE SHIPPERS INC.

STANDARD TRADING CONDITIONS AND SERVICE SCHEDULES

Freight forwarding and logistics: ocean, air, trucking, courier, warehousing and international relocation

IMPORTANT CONTRACT NOTICE

These Standard Trading Conditions and Service Schedules ("Conditions") are the terms on which Last Minute Shippers Inc. ("LMS") quotes for, arranges and performs freight forwarding, transportation, warehousing, relocation and related logistics services. They apply together with the Quote the Customer accepts, any Revised Quote the Customer accepts, the Booking Confirmation and the transport documents for the shipment. Mandatory Law, international conventions and consumer rights that cannot be waived prevail over anything in these Conditions.

These Conditions apply to Quotes sent on or after their effective date. A Quote sent earlier stays governed by the version of the Conditions it was sent with, and an accepted Quote stays governed by the version the Customer accepted.

KEY POINTS IN PLAIN LANGUAGE

This summary helps you read the Conditions. It does not replace them.

• A Preliminary Rate is an indicative estimate. It is not a Quote and cannot be accepted.
• A Quote is priced for the cargo, route and services it lists. If what is actually shipped differs in a way that changes the price, scope or compliance, LMS issues a Revised Quote. The price can go up or down, and you accept it before LMS continues.
• LMS is a freight forwarder. It arranges carriage through carriers and other providers. Customs clearance is arranged through licensed customs brokers.
• You pay an Initial Payment after accepting the Quote. The Final Invoice follows after your cargo has been received and checked, and the Final Balance must be paid before your cargo is dispatched.
• Payments you have already made always count toward a Revised Quote. If you have paid more than the final price, you choose a refund or a credit.
• Additional Charges are only made on a basis these Conditions or your Quote state, with the reason and evidence, and with your approval where these Conditions require it.
• Carrier liability is limited by law and is usually far less than the value of the goods. Cargo insurance is separate and must be requested.
• Claims have deadlines, some as short as a few days. Report loss or damage in writing as soon as you discover it.

DOCUMENT STRUCTURE

HOW THESE CONDITIONS WORK

Part A applies to every service. A Schedule applies when LMS provides or arranges the service it covers. If a Schedule and Part A differ, the Schedule applies to that service. Clause 43 sets the order in which documents apply if they conflict.

PART A - MASTER STANDARD TRADING CONDITIONS

These Master Terms apply to every service requested from, arranged by or provided by Last Minute Shippers Inc., except where Mandatory Law requires otherwise.

1. Definitions

In these Conditions the following words have these meanings.

"Additional Charge" means a charge for an event or service after acceptance of a Quote that these Conditions or the Quote already permit, made under clause 14. It is not a change in the scope of the shipment.

"Booking Confirmation" means LMS's written confirmation that space, equipment or a carrier has been secured for the shipment. Acceptance of a Quote is not a Booking Confirmation.

"Business Day" means Monday to Friday, excluding statutory holidays in Ontario.

"Cargo Snapshot" means the record of the cargo on which a Quote or Revised Quote is priced: the items, quantities, pieces and handling units, weights, dimensions, volume, packaging, commodity descriptions, dangerous goods status and declared value, together with the route, pickup and delivery addresses and services, as the Quote shows them.

"Carrier" means an airline, ocean carrier, NVOCC, motor carrier, rail carrier, courier or other person that performs or contracts to perform carriage.

"Consumer" means an individual who uses LMS's services for personal, family or household purposes and not for business purposes. "Business Customer" means any Customer that is not a Consumer.

"Customer" means the person who requests, accepts or pays for LMS's services and, where the context allows, the shipper, consignor, consignee, owner of the Goods, payer and any person on whose behalf instructions are given. Where a shipment has a separate shipper, consignee, payer or notify party, each is named in the Quote or shipment documents.

"Declared Cargo" means the cargo as described by or for the Customer and recorded in the Cargo Snapshot.

"Dock Receipt" means the record LMS issues after Goods are received and checked at a facility LMS operates or uses, as described in clause 12.

"Final Balance" means the total of the charges for the shipment, as shown on the Final Invoice, less payments received and credits applied.

"Final Invoice" means the invoice LMS issues for the shipment before the Settlement Point, listing all charges for the shipment less amounts already paid, as clause 15.4 describes.

"Goods" means the cargo, packages, household goods, personal effects, vehicles, containers, pallets and any other property tendered to LMS or a Service Provider.

"Initial Payment" (also called a deposit) means the payment stated in the Quote that is due after the Customer accepts the Quote.

"Mandatory Law" means any statute, regulation, international convention or tariff that cannot lawfully be excluded or varied by contract, including consumer protection law that applies to a Consumer.

"Preliminary Rate" means an indicative rate or estimate given before a Quote, as described in clause 7.

"Quote" means LMS's formal written quotation for a shipment, identified by an LMS reference, as described in clause 8.

"Response Period" means the period stated in an LMS notice for the Customer to respond, which will not be shorter than two Business Days after the notice is sent, unless a shorter period is needed to meet a carrier, government or safety deadline that LMS explains in the notice.

"Revised Quote" means a Quote that replaces an earlier Quote for the same shipment, identified by the original reference followed by a revision number (for example LMS-Q2609-XXXXX-R1), as described in clause 13.

"Service Provider" means a Carrier, customs broker, warehouse, terminal, consolidator, screening facility, dangerous goods specialist, packing contractor, surveyor, insurer, overseas agent or other person LMS engages.

"Settlement Point" means the stage by which the Final Balance must be paid in cleared funds, as stated in clause 15 and the applicable Schedule.

"Special Arrangement" means an express written agreement by LMS for a particular shipment, such as a guaranteed date, a declared value for carriage, temperature control, dedicated equipment or increased liability.

"Verified Cargo" means the Goods as received, weighed, measured and recorded by LMS, a warehouse LMS uses, or a Carrier or terminal.

"Workspace" means the secure online page for a shipment that LMS gives the Customer by link, where the Customer can see the Quote, documents, requests, receipts, invoices and messages, and take the actions these Conditions describe.

2. Scope, Incorporation and Acceptance

2.1 These Conditions apply to every Preliminary Rate, Quote, Revised Quote, booking, shipment and service LMS provides or arranges, including ocean, air, trucking, courier, relocation, packing, palletizing, crating, warehousing, storage, customs-related coordination, documentation, screening, consolidation, pickup and delivery.

2.2 The Customer accepts these Conditions when it accepts a Quote or Revised Quote in the Workspace or in writing. They also apply when the Customer, after receiving reasonable notice of them, gives shipping instructions, tenders Goods to LMS or a Service Provider LMS selects, or signs or accepts a document that refers to them.

2.3 LMS provides these Conditions with every Quote, by electronic copy and by link to the published version. The Quote names the version by its effective date. Where Mandatory Law requires additional disclosure or express consent from a Consumer, LMS will provide that disclosure or obtain that consent before the Customer is bound.

2.4 A Business Customer's standard terms, purchase order terms or other printed conditions do not apply to LMS's services unless an authorized LMS representative agrees to them in writing.

3. Role of LMS

3.1 LMS is a freight forwarder. Unless LMS expressly undertakes a service as principal, it acts as the Customer's agent in arranging carriage, customs clearance, insurance and other services with independent Service Providers.

3.2 LMS acts as principal only for a service for which it issues a transport document in its own name undertaking carriage, expressly accepts carrier or warehouser responsibility in writing, or performs the service itself with its own employees and equipment. For that service, the capacity in which LMS acts and its liability are governed by the transport document or receipt and by Mandatory Law.

3.3 A fixed price, the collection of freight charges, consolidation, an invoice issued in LMS's name or a margin earned by LMS does not by itself make LMS a carrier or principal.

3.4 LMS does not hold a customs broker licence. Where customs clearance is needed, LMS arranges it through licensed customs brokers, who act under their own terms and the authority (power of attorney) the importer or exporter gives them.

3.5 LMS does not provide legal, tax or customs advice. Operational guidance LMS gives about documents, procedures or requirements is general information for the shipment it relates to.

4. Authority to Engage Service Providers

4.1 The Customer authorizes LMS to select and engage Service Providers and to contract with them on their usual terms, tariffs, bills of lading, waybills, warehouse receipts and conditions. When LMS acts as agent, those contracts are made on the Customer's behalf.

4.2 LMS may subcontract any part of the services. When LMS acts as principal and subcontracts performance, LMS may rely on the lawful protections and limits in the performing provider's terms to the extent the law allows.

4.3 Unless a Special Arrangement says otherwise, LMS may select the Carriers, routes, gateways, ports, airports, terminals, consolidation points and overseas agents, acting reasonably and taking account of the service described in the Quote.

4.4 Where a shipment includes a segment in the United States, LMS arranges that segment only through Carriers or intermediaries that hold the authority the law requires to perform or arrange it.

5. Customer Authority and Warranties

5.1 The Customer confirms that it owns the Goods or has the authority of the owner and every other interested person to tender them and to accept these Conditions on their behalf.

5.2 The Customer confirms that all descriptions, quantities, pieces, weights, dimensions, values, classifications, origin and destination details, party details and regulatory declarations it gives LMS are complete, accurate and not misleading, and that it will tell LMS promptly if any of them change.

5.3 The Customer is responsible for obtaining any permit, licence, certificate or consent required from the exporter, importer, owner or consignee, unless LMS has agreed in the Quote to obtain it.

5.4 The Customer confirms that it has the authority to give LMS the personal information of consignees, contacts and other individuals for the shipment, and that it has told them their information will be used for the shipment.

6. Instructions, Information and Documents

6.1 LMS may rely on information and documents given by or for the Customer without checking them, except where LMS has agreed in writing to check them.

6.2 The Customer must review promptly every Quote, Revised Quote, Dock Receipt, Booking Confirmation, draft bill of lading, draft air waybill, commercial invoice, packing list and other document LMS sends for review, and must report any error or omission through the Workspace or in writing.

6.3 If LMS needs further information or documents for transportation, customs, security, sanctions, export control or other compliance purposes, the Customer must provide them promptly. LMS may pause the services until it receives them, and clause 25 applies to any resulting storage.

6.4 LMS may accept instructions by telephone. LMS records telephone instructions in the shipment file and confirms material instructions in writing. Where the Customer's written confirmation differs from LMS's record, the Customer should tell LMS at once.

6.5 Party details that appear on transport documents (shipper, consignee, notify party) are fixed when LMS prepares the draft transport document for the Customer's review. Later changes are made as a correction under clause 38 and may attract Carrier correction fees.

7. Preliminary Rates

7.1 A Preliminary Rate is an indicative rate or estimate based on the information received so far. It is not a Quote, it is not an offer that can be accepted, and it does not reserve space or equipment.

7.2 A Preliminary Rate states the route LMS has assumed, the basis on which it is calculated (for example per kilogram, per cubic metre or per shipment), the services it covers and the main charges it does not include. Where LMS has a fixed charge that every shipment on that route and service must pay, the Preliminary Rate includes it or states it next to the rate with its amount.

7.3 A Preliminary Rate may be calculated automatically from rate lists and the details provided. The formal Quote follows once the shipment details needed for the mode are confirmed, and it may differ from the Preliminary Rate because of the actual cargo, weight, dimensions, locations, dates, services or rates in force when the Quote is prepared.

8. Quotes

8.1 A Quote is LMS's formal offer for the shipment it describes. It is identified by an LMS reference and shows:

• the Cargo Snapshot on which it is priced;
• the origin and destination, and the pickup and delivery addresses where the Quote includes pickup or delivery;
• the services included, and the main services or charges not included;
• each charge, its basis and the total, in the currency stated;
• the Initial Payment, its due date and the payment methods offered;
• the Settlement Point for the Final Balance;
• the validity date; and
• the version of these Conditions that applies, by its effective date.

8.2 The price in a Quote is the price for the Cargo Snapshot and the services it describes. Clause 11 explains how differences between the Declared Cargo and the Verified Cargo are handled, and clause 13 explains Revised Quotes.

8.3 The total shown in a Quote includes every fixed charge of LMS that the Customer must pay to receive the quoted service. Charges that the Quote shows as "at cost", "if applicable" or "payable at destination" are charges that depend on events or third parties and are handled under clauses 9 and 14.

8.4 LMS sends a Quote only when the details needed to price the shipment for its mode have been confirmed. Where LMS sends a Quote on the basis of an assumption about a detail not yet confirmed, the Quote states the assumption.

8.5 The Customer accepts a Quote in the Workspace by confirming acceptance of the Quote and these Conditions, or by another written acceptance LMS agrees to. A contract for the services is formed when the Customer accepts. Only the current revision of a Quote can be accepted; a superseded or expired Quote cannot.

9. Validity, Currency, Taxes and Third-Party Charges

9.1 A Quote is valid until the validity date it states. If no date is stated, it is valid for 30 days from the date it is sent. After that LMS may confirm the Quote again or issue a new one at the rates then in force.

9.2 Prices are in the currency stated in the Quote. Where the Customer pays in another currency, the amount credited is the amount LMS actually receives after conversion by the Customer's bank or payment provider.

9.3 Applicable taxes are charged as required by law and are shown on the Quote and invoices.

9.4 Unless the Quote includes them, the following are not part of the quoted price and are payable by the Customer where they apply: customs duties and import taxes; customs broker fees; government examination, inspection and penalty charges attributable to the Goods or to information given by the Customer; destination charges that the Quote states are payable at destination; and the charges in clause 14 and Schedule K when their conditions are met.

9.5 LMS's freight and surcharges shown in an accepted Quote are fixed for the Cargo Snapshot and services described, except for charges the Quote identifies as at cost or subject to Carrier confirmation. If a Carrier imposes a new or increased charge on the shipment after acceptance that the Quote did not identify, LMS will not add it automatically: it will issue a Revised Quote under clause 13, unless the charge is imposed by law or a government authority, in which case clause 14 applies.

9.6 For a Consumer, any limit that Mandatory Law places on charging more than an estimate or agreed price applies, as Schedule F describes.

10. Changes After a Quote Is Sent

10.1 Once a Quote is sent, the details that affect its price, scope, route or compliance are fixed for that Quote. These include the origin and destination, the cargo items, quantities, pieces, weights and dimensions, pickup and delivery details, chargeable services, dangerous goods status, declared value or insurance where it affects the price, packing and palletizing, and the service level.

10.2 To change any of these details, the Customer uses "Request a change" in the Workspace or writes to LMS. LMS may also need to change them, for example after the cargo is verified or because a Carrier or authority requires it; LMS records the reason for every change it makes.

10.3 A change that affects the price, scope, route or compliance is made by a Revised Quote under clause 13. A change that has no effect on the price, scope, route or compliance is recorded in the shipment file without a Revised Quote, and LMS tells the Customer that it has been recorded.

10.4 A request to change a detail is not a cancellation. Schedule G applies only where the Customer cancels, or where the change makes the shipment a different shipment (for example a different mode or destination country) and LMS has already incurred costs that the change makes unrecoverable; those costs are then shown in the Revised Quote.

11. Weight, Dimensions, Volume and Chargeable Weight

11.1 Charges may be based on actual gross weight, volumetric or dimensional weight, cubic measurement, pallet or handling-unit count, container or equipment used, the number of pieces, or another rating rule of the Carrier or of LMS that the Quote states. Where a rate is based on the greater of actual and dimensional weight, the greater applies.

11.2 A Quote is priced on the Declared Cargo in its Cargo Snapshot. The Verified Cargo is the factual record of what was received: LMS compares the Declared Cargo with the Verified Cargo, not the Customer's cargo list with itself.

11.3 A difference between the Declared Cargo and the Verified Cargo may increase or reduce the price. Both are handled the same way.

11.4 There is no fixed percentage tolerance. LMS assesses each difference by its effect. A difference that does not change the price, scope, route or compliance of the shipment is recorded without a Revised Quote. A difference that changes any of them is dealt with by a Revised Quote under clause 13.

11.5 A smaller shipment does not reduce the price in proportion. Minimum charges, fixed per-shipment charges, per-unit charges, rate breaks, container or equipment charges and costs already incurred continue to apply as the rates provide. For example, if a Quote for ten pallets includes a per-shipment documentation fee and a minimum ocean charge, a shipment of eight pallets still pays the documentation fee and at least the minimum.

11.6 Packing, palletizing, crating or wrapping, whether by the Customer or by LMS, can change the weight and dimensions. The Verified Cargo is measured as the Goods will be shipped.

11.7 A Carrier or terminal may weigh, measure or classify the Goods again. Where LMS did not verify the Goods itself, the Carrier's figures, confirmed by its documents, are the Verified Cargo for clause 11.4. Where LMS verified the Goods and a Carrier's confirmed figures differ, LMS passes on the effect only for charges that the Quote passes through at cost: an increase as an Additional Charge with the Carrier's evidence, and a reduction in full.

12. Receipt, Verification and the Dock Receipt

12.1 When LMS arranges pickup, the driver or LMS may record the number of pieces, the visible condition and packaging, photographs, the time and location of pickup and any exceptions, and may ask the person tendering the Goods to sign or acknowledge the pickup record.

12.2 When Goods are received at a facility LMS operates or uses, LMS records the Verified Cargo: the number and type of pieces and handling units, pallet count, weight, dimensions and volume, visible condition and packaging, markings and labels, photographs, and any exceptions such as damage, wet or open packages, missing or extra pieces, or items that appear restricted.

12.3 For shipments handled through LMS's facility, and for any other shipment where LMS receives and checks the Goods, LMS issues a Dock Receipt in the Workspace. Each Dock Receipt has a version number. A corrected Dock Receipt is issued as a new version; earlier versions are kept and never changed.

12.4 The Dock Receipt records what LMS could see and measure from the outside of the packages. It does not confirm the contents, quantity inside packages, quality, internal condition, value or compliance of the Goods with their description, unless LMS has agreed in writing to inspect the contents.

12.5 The Customer reviews the Dock Receipt in the Workspace. "Acknowledge receipt details" confirms only that the Customer has reviewed the receipt details. It is not a waiver of any claim, not an admission that the details are correct, and not acceptance of any Revised Quote or Additional Charge, which are accepted or approved separately.

12.6 If the Customer believes a detail is wrong, it uses "Report an issue / Request correction" within the Response Period and says what it believes is wrong. LMS reviews the request and may weigh or measure the Goods again. The Customer or its representative may attend a re-measurement by appointment. If the re-measurement confirms the original figures and the Customer asked for it, LMS may charge for it only if it told the Customer the charge before doing it.

12.7 The Customer's acknowledgement of the Dock Receipt is needed before LMS issues the Final Invoice. If the Customer neither acknowledges nor requests a correction within the Response Period, LMS may proceed on the Dock Receipt as issued. This does not affect the Customer's right to dispute an invoice or make a claim.

12.8 LMS keeps the pickup record, the Dock Receipt, the photographs and the Customer's acknowledgement, with the time, the person and the version acknowledged, as the record of the shipment.

13. Revised Quotes

13.1 LMS issues a Revised Quote when the price, scope, route or compliance of a shipment changes after a Quote is sent, including when the Customer requests a change, when the Verified Cargo differs from the Declared Cargo in a way that changes the price, when a Carrier or authority requires a change of service or routing, or in the case described in clause 9.5.

13.2 A Revised Quote is identified by the original reference followed by its revision number (R1, R2 and so on). It shows what changed and why, the evidence relied on (such as the Dock Receipt), the new charges and total, the payments already received, the resulting balance or overpayment, and the Response Period. The earlier Quote is marked as superseded by the Revised Quote. Earlier Quotes are never deleted or changed.

13.3 A Revised Quote may increase or reduce the price. The price is recalculated on the same rates and rules as the earlier Quote, applied to the revised Cargo Snapshot and services, unless the change requires a different service, route or Carrier, in which case the rates for that service apply and the Revised Quote says so.

13.4 The Customer accepts a Revised Quote in the Workspace with "Accept Revised Quote" or in writing. Acceptance of a Revised Quote replaces the earlier Quote for the shipment. Only the current revision can be accepted.

13.5 Payments already received for the shipment count in full toward the Revised Quote. LMS does not ask for the Initial Payment again. For example, if the Quote was 2,000, the Customer has paid 1,000 and the Revised Quote is 2,350, the amount still due is 1,350; if the Revised Quote is 1,700, the amount still due is 700.

13.6 If a Revised Quote only reduces the price and changes nothing else, and the Customer does not respond within the Response Period, LMS may proceed on the Revised Quote and will tell the Customer that it has done so.

13.7 If the Customer declines a Revised Quote, or does not accept it within the Response Period in a case not covered by clause 13.6, LMS will not continue with the part of the service affected. The Customer may then (a) ask LMS to review the Revised Quote, (b) change the shipment so that the earlier Quote applies, where that is possible, (c) collect the Goods or have them returned, or (d) cancel. In that case the Customer pays for services already performed at the rates of the accepted Quote, third-party costs committed that cannot be recovered, return or disposal costs it chooses, and storage under clause 25. The cancellation charge in Schedule G section G4 does not apply in addition.

13.8 A Revised Quote is not needed for an Additional Charge that meets clause 14.

13.9 A Revised Quote for a shipment whose Quote has been accepted keeps the version of these Conditions the Customer accepted with that Quote, unless the Revised Quote states that a later version applies and identifies what changed in it, and the Customer accepts the Revised Quote.

14. Additional Charges

14.1 An Additional Charge is a charge for an event or service after acceptance of a Quote that does not change the scope of the shipment, such as storage, waiting time, a failed pickup or delivery, labelling, repacking or repalletizing needed to make the Goods fit for carriage, additional handling, an inspection or examination, or a government, Carrier or terminal charge that the Quote passes through at cost. Schedule K lists the standard categories.

14.2 LMS makes an Additional Charge only on one of these bases: (a) a rate or amount stated in the Quote; (b) the basis stated for that category in Schedule K; (c) the documented cost of a government authority, Carrier, terminal, customs broker or other Service Provider, plus any handling fee the Quote states; or (d) an amount the Customer approved before the work was done.

14.3 For each Additional Charge LMS tells the Customer, in the Workspace and by email, the category, description, quantity, rate, amount, tax, the reason, the evidence, the clause of these Conditions or the Quote it relies on, and whether the Customer's approval is required.

14.4 The Customer's approval is required before LMS performs a service that is optional or not included in the Quote, and before LMS makes any charge of its own that the Quote does not price. The Customer approves in the Workspace with "Approve additional charge" or in writing.

14.5 Approval in advance is not required, but notice under clause 14.3 is still given, where the charge (a) is imposed by law, a government authority, a security screening requirement, a Carrier or a terminal; (b) arises from action that was urgent to protect people, property or the Goods, or to meet a legal or safety requirement; (c) arises because the Declared Cargo was inaccurate, the Goods were not ready or accessible as arranged, or the Customer did not act within a Response Period; or (d) is at a rate stated in the Quote. In these cases LMS charges only reasonable amounts, supported by evidence.

14.6 A charge that changes the scope of the shipment is not an Additional Charge. It is made by a Revised Quote under clause 13.

14.7 The Customer may question an Additional Charge with "Report an issue" or in writing. LMS reviews it and replies with its decision and reasons. The part of the charge not in question remains payable.

14.8 Additional Charges known before the Final Invoice are included in it. Charges that arise later are invoiced separately and are due as the invoice states.

15. Initial Payment, Final Invoice and Settlement Before Dispatch

15.1 Payment amounts and due dates are those stated in the Quote, Revised Quote or invoice. LMS offers only the payment methods shown there. The Customer quotes the invoice number with every payment.

15.2 The Initial Payment is stated in each Quote. It may be a percentage of the total, a fixed amount or the full amount. It is due after acceptance, by the date the Quote or its invoice states. LMS starts arranging pickup, booking and other services once the Initial Payment is received, unless LMS agrees otherwise in writing.

15.3 Space and equipment are confirmed only when LMS issues a Booking Confirmation. Until then, Carrier space and schedules remain subject to availability.

15.4 Where LMS receives and verifies the Goods, it issues the Final Invoice after the Dock Receipt has been acknowledged or the Response Period for it has passed, and after any Revised Quote has been accepted. For other shipments, LMS issues the Final Invoice before the Settlement Point on the basis of the accepted Quote, and differences found later are handled under clauses 11, 13 and 14. The Final Invoice lists all charges for the shipment, less payments received and credits applied.

15.5 The Final Balance must be paid in cleared funds before the Settlement Point. The Settlement Point for each mode is stated in its Schedule, and the Quote may state a different one. LMS does not release the Goods for loading, handover or dispatch until the Final Balance is paid, unless an authorized LMS representative agrees in writing. Such agreement does not waive the payment.

15.6 Funds are cleared when they have been received in LMS's account and can no longer be reversed in the ordinary course. LMS may treat a card, PayPal or similar payment as cleared when the provider confirms it.

15.7 An instruction to collect charges from a consignee or another party does not release the Customer if the amount is not paid, unless LMS agrees in writing to look only to that party.

16. Payments Already Received, Overpayments, Refunds and Credits

16.1 LMS applies every payment received for a shipment to that shipment, across all revisions of its Quote, and shows the Customer one statement of charges, payments, credits, refunds and the balance.

16.2 If the payments received are more than the final charges for the shipment, whether because a Revised Quote reduced the price or for any other reason, LMS tells the Customer the amount of the overpayment and offers a choice of a refund or a credit.

16.3 A credit is held only with the Customer's agreement. It can be used toward any later LMS invoice to the Customer in the same currency. It does not expire, and the Customer may ask at any time for any unused credit to be refunded.

16.4 LMS makes refunds manually. A refund is issued within 15 Business Days after the refund amount is confirmed to the Customer, or sooner if Mandatory Law requires. LMS refunds to the original payment method where it can; otherwise it refunds by a method agreed with the Customer. The refund is the amount LMS received, in the currency received; LMS is not responsible for exchange differences or charges applied by the Customer's bank or payment provider.

16.5 Where the Customer cancels, Schedule G decides what LMS may keep from payments received, and LMS refunds the rest under clause 16.4.

16.6 Where a payment is reversed or charged back after LMS has relied on it, the amount becomes due again, together with any fee the payment provider charges LMS for the reversal, to the extent the law allows.

17. Packing, Palletizing, Labelling and Condition

17.1 Unless LMS agrees in the Quote to pack the Goods, the Customer must pack, protect, seal, mark and label them so that they withstand the ordinary risks of the carriage, handling, stacking, consolidation, screening and storage the service involves, and so that each piece shows the consignee and the LMS reference.

17.2 LMS may refuse Goods that are not fit for the carriage requested. Where it is operationally reasonable, LMS may instead arrange repacking, palletizing, repalletizing, wrapping, crating or labelling. Where the Customer asked for the work or it is optional, LMS obtains the Customer's approval first. Where the work is needed to make the Goods safe or acceptable to the Carrier, LMS tells the Customer the reason and the charge under clause 14 before shipment, and where possible before doing the work.

17.3 Packing work by LMS or a Service Provider is not a guarantee against all loss or damage.

17.4 The Customer must tell LMS before the Quote is prepared if any Goods are fragile, high-value, moisture- or temperature-sensitive, oversized, overweight per piece, not stackable or otherwise unusual.

18. Special, Restricted and Prohibited Goods

18.1 LMS accepts the following only by Special Arrangement: cash, negotiable instruments and securities; precious metals and stones; jewellery; works of art, antiques and collections; original documents; firearms, weapons and ammunition; live animals and plants; perishables; pharmaceuticals and controlled substances; alcohol and tobacco; human remains; temperature-controlled Goods; vehicles; unusually high-value Goods; and any Goods that need a special permit or security measure.

18.2 LMS may refuse, or stop handling, Goods that are illegal, prohibited by a Carrier or by the country of export, transit or import, unsafe, inadequately documented, likely to damage other property, or not suitable for the service requested.

18.3 Counterfeit goods and goods that infringe intellectual property rights are prohibited.

19. Dangerous Goods, Batteries and Inaccurate Declarations

19.1 Before the Quote is prepared, and again before tender, the Customer must tell LMS whether the shipment contains dangerous goods or hazardous materials, including lithium or sodium-ion batteries (loose, packed with equipment or contained in equipment), power banks, damaged batteries, aerosols, flammable liquids or solids, compressed gases, chemicals, corrosives, oxidizers, magnetized material, dry ice or any other regulated article.

19.2 The Customer is responsible for the correct classification, declaration, packaging, marking, labelling and documentation of dangerous goods under the Transportation of Dangerous Goods Regulations, the ICAO Technical Instructions and IATA Dangerous Goods Regulations for air, the IMDG Code for sea, and the Carrier's own rules, which may be stricter.

19.3 LMS may require a qualified dangerous goods specialist to classify, pack, mark, label or document the shipment. The specialist's charges are payable by the Customer unless the Quote includes them.

19.4 Dangerous goods status is part of the Cargo Snapshot. If dangerous goods are declared after the Quote is sent, a Revised Quote is issued under clause 13.

19.5 If LMS, a Carrier, a screening facility or an authority finds that Goods were undeclared, misdeclared or wrongly described, LMS may hold, isolate, return, repack, re-document or arrange lawful disposal of them, and may cancel or suspend the service.

19.6 In that case Schedule E applies, including the CAD 450 administrative and compliance charge for each affected shipment, together with the reasonable costs and third-party charges the misdeclaration causes, to the extent the law allows.

19.7 Where the Declared Cargo is inaccurate in any other way (for example the commodity, value, quantity or origin), the Customer is responsible for the resulting costs, delays, penalties and charges, which LMS handles by Revised Quote or Additional Charge as clauses 13 and 14 provide.

20. Inspection, Screening and Security

20.1 Goods may be X-rayed, screened for explosives, physically inspected, opened or examined by an authority, a Carrier, a screening facility or a security program. Air cargo departing Canada must be screened by the air carrier unless it is tendered as secure cargo under the Canadian Aviation Security Regulations, 2012.

20.2 Where the law permits, the Customer authorizes LMS and its Service Providers to open and inspect packages when reasonably necessary for safety, security, regulatory or operational reasons. LMS may hold, return, reroute or suspend Goods that are unsafe, prohibited, suspicious, tampered with or not compliant.

20.3 Charges for screening, inspection or examination that the Quote does not include are passed through at cost under clause 14.

21. Customs, Export Reporting and Government Requirements

21.1 The Customer is responsible for accurate commercial invoices, packing lists, values, descriptions, origin information, tariff classifications, permits and licences, and for the accuracy of any information LMS or a customs broker transmits for it.

21.2 Exports from Canada must be reported to the Canada Border Services Agency where the Customs Act and the Reporting of Exported Goods Regulations require it, including most commercial shipments valued at CAD 2,000 or more to countries other than the United States, restricted or controlled goods of any value, and the household and personal effects of a person emigrating. The exporter remains responsible for the report even when LMS or a customs broker files it as agent, and the exporter's own business number is used where one is required. The Customer must give LMS the information needed in time for the report to be made before the legal deadline, which is 48 hours before loading for ocean shipments and 2 hours before loading for air shipments.

21.3 For imports, including returns and cross-border moves into Canada, the importer is responsible for its Canada Border Services Agency accounts, security and duties and taxes. LMS is not the importer of record unless it agrees in writing.

21.4 Duties, taxes, inspections, examinations, penalties and government charges relating to the Goods are for the Customer's account, except to the extent they were caused solely by LMS's own fault.

21.5 LMS arranges customs clearance through licensed customs brokers under clause 3.4. The Customer must give the customs broker any authority, documents and information it requires.

21.6 Destination customs rules, duties, taxes and procedures are set by the destination country. LMS may pass on information about them, but they are outside LMS's control.

22. Sanctions, Export Controls and End Use

22.1 The Customer confirms that the shipment and every party to it, including the shipper, consignee, owner, purchaser and end user, and the intended use of the Goods, comply with Canadian sanctions, export controls and import restrictions, including the Export and Import Permits Act and the Special Economic Measures Act, and with any foreign law that lawfully applies.

22.2 LMS may screen parties and Goods, ask for ownership, end-use, permit or licence information, and refuse or suspend services where it reasonably believes the transaction may be prohibited or presents an unacceptable compliance risk.

22.3 Where Goods are held, returned, rerouted, disposed of or delayed because of sanctions, export control or government requirements attributable to the Customer or the Goods, the Customer pays the reasonable resulting costs, subject to Mandatory Law.

23. Routing, Consolidation, Schedules and Transit Times

23.1 Unless a Special Arrangement guarantees a date, all pickup, departure, sailing, flight, arrival, customs release and delivery dates and transit times are estimates.

23.2 LMS may consolidate Goods with other cargo and may choose or change Carriers, routes, gateways, vessels, flights, terminals and transshipment points, acting reasonably. Where a change affects the price, scope or compliance of the shipment, clause 13 applies.

23.3 LMS is not responsible for schedule changes, missed connections, congestion, cargo rolled to a later sailing or flight, Carrier cancellations or other delays outside its reasonable control, except where Mandatory Law or a guaranteed Special Arrangement provides otherwise. LMS tells the Customer promptly of significant delays it learns of.

24. Pickup, Delivery, Access and Readiness

24.1 The Customer must provide accurate addresses and contact details, have the Goods packed and ready at the agreed time, and provide safe and lawful access, including any permit, loading dock, elevator, parking or appointment needed. Where a loading dock or forklift is not available, the Customer must say so before the Quote is prepared so that the right equipment (for example a tailgate truck) can be quoted.

24.2 The Customer must ensure that the person tendering or receiving the Goods is authorized to do so. Delivery may be made in accordance with the Carrier's normal practice unless a Special Arrangement requires otherwise.

24.3 LMS confirms each pickup appointment and may send reminders. If the Goods are not ready or accessible at the agreed time, or the pickup or delivery cannot be completed for a reason attributable to the Customer or consignee, waiting time and the cost of the failed attempt and of any further attempt are charged under clause 14 and Schedule K.

24.4 If the consignee refuses or fails to take delivery, or delivery cannot lawfully be completed, LMS may arrange storage, return, redelivery or disposal as reasonably necessary, after notice where practicable, and the Customer is responsible for the resulting charges, subject to Mandatory Law.

25. Storage and Free Time

25.1 Storage at LMS's facility is included in the Quote while the Goods are waiting for a step that LMS, a Carrier or an authority must take.

25.2 Storage becomes chargeable when the Goods are held because the Customer has not done something required of it, such as acknowledging a Dock Receipt, responding to a Revised Quote, paying the Final Balance, providing documents or collecting the Goods, and the Response Period in LMS's notice asking for it has passed. The charge is at the storage rate stated in the Quote or, if none, the rate stated in that notice, and it stops when the Customer has done what was required.

25.3 Storage, demurrage and detention charged by a terminal, port, airline, Carrier or other Service Provider are passed through at cost when caused by the Customer, the Goods or an authority, or when the free time the Service Provider allows is exceeded for a reason not caused by LMS.

25.4 Schedule D applies to storage at LMS's facility and to longer-term storage.

26. Cargo Insurance and Declared Value

26.1 LMS's charges do not include cargo insurance unless the Quote says so. Carrier liability and cargo insurance are different: Carrier liability is limited by law and contract and is often far below the value of the Goods.

26.2 LMS arranges cargo insurance only when the Customer asks for it in writing and LMS confirms cover in writing, or provides the insurer's certificate, before the risk begins. The premium is stated in the Quote or a Revised Quote.

26.3 A value declared for customs or on a shipping document is not cargo insurance. A declared value for carriage that increases a Carrier's liability is available only where the Carrier offers it, by Special Arrangement and for an additional charge.

26.4 Insurance is subject to the insurer's policy terms, exclusions, deductibles, valuation rules and claims procedures. If the insurer declines a claim, the Customer's recourse is against the insurer, except to the extent LMS failed to arrange the insurance it confirmed.

27. Liability Framework

27.1 Nothing in these Conditions excludes or limits liability where Mandatory Law does not allow it to be excluded or limited.

27.2 When LMS acts as agent, it is responsible for its own negligent acts and omissions in arranging the services, and is not responsible for the acts or omissions of independent Service Providers, except where LMS expressly assumes that responsibility in writing or Mandatory Law provides otherwise. LMS will assist the Customer with claims against Service Providers.

27.3 When LMS acts as principal, its liability is governed by the Mandatory Law, convention, transport document or receipt that applies to that service. These Conditions do not impose a single dollar-per-kilogram limit across all services.

27.4 Carrier liability is limited by the regime that governs the carriage. The limits most often relevant to LMS's services are summarized below. They are a guide only; the governing law or transport document controls, and different or lower limits may apply.

27.5 A Special Drawing Right is a unit set by the International Monetary Fund; its value in Canadian dollars changes daily.

27.6 Where the Customer wants protection for the full value of the Goods, it should ask LMS to arrange cargo insurance under clause 26.

28. Excluded Losses and Mitigation

28.1 To the extent the law allows, LMS is not liable for indirect, incidental, special, consequential, exemplary or punitive loss, or for loss of profit, revenue, market, contract, business opportunity, goodwill, use or anticipated savings, even if the possibility of the loss was known.

28.2 Where compensation is payable, it is limited to proven direct loss legally attributable to LMS and is subject to the applicable liability regime.

28.3 The Customer must take reasonable steps to limit its loss and to protect damaged Goods from further damage.

28.4 For a Consumer, clause 28.1 does not limit any liability that consumer protection law does not allow to be limited.

29. Protection of Employees, Agents and Subcontractors

29.1 To the extent the law allows, every defence, exclusion, limit and time limit available to LMS under these Conditions also benefits LMS's directors, officers, employees, agents and subcontractors when a claim is made against them in connection with the services.

29.2 The total recoverable from LMS and all of those persons together does not exceed the amount recoverable from LMS alone for the same loss.

30. Claims and Time Limits

30.1 The Customer must notify LMS in writing as soon as reasonably possible of any loss, shortage, damage, delay or service error, keep the Goods and packaging, allow reasonable inspection, and provide the documents listed in Schedule I.

30.2 Claims against Carriers are subject to the notice periods and time limits of the regime that governs the carriage. Some are very short: for example, a few days for damage to air or ocean cargo. Schedule I summarizes the common periods; the governing law, convention or transport document controls.

30.3 Claims against LMS for its own services are subject to the time limits under the law that applies. A claim investigation, negotiation or settlement discussion does not extend a time limit unless LMS agrees in writing and the law permits it.

30.4 Acknowledging a Dock Receipt, a pickup record or a delivery receipt does not waive the Customer's right to make a timely claim for loss or damage that was not visible or not recorded at the time.

30.5 Handling a claim is not an admission of liability.

31. Customer Indemnity

31.1 To the extent the law allows, the Customer indemnifies LMS and the persons LMS engages against claims, liabilities, losses, fines, duties, taxes, penalties, storage, demurrage, detention, return freight, disposal costs and reasonable legal and professional costs arising from inaccurate or incomplete shipment information, improper packing, undeclared or misdeclared dangerous goods, prohibited Goods, sanctions or export control violations, customs information supplied by or for the Customer, unsafe loading by the Customer, or the Customer's breach of these Conditions or the law.

31.2 This indemnity does not apply to the extent the liability was caused by LMS's own fault. For a Consumer, it applies only to the extent consumer protection law permits.

32. No Set-Off and Collection Costs

32.1 A Business Customer must pay amounts owing to LMS without deducting any claim or counterclaim, unless LMS agrees in writing or Mandatory Law provides otherwise. A Consumer's rights under consumer protection law are not affected.

32.2 Where an amount remains unpaid after its due date and a written reminder, the Customer is responsible for the reasonable third-party costs of collecting it, to the extent the law allows.

33. Overdue Amounts

33.1 LMS does not charge interest on overdue amounts unless the Quote or the invoice states an interest rate. Where it does, the rate is stated as an annual rate, and it applies only from the due date of the invoice.

33.2 Where an amount is overdue, LMS may pause further services and, subject to Schedule H and Mandatory Law, hold Goods and documents in its possession until it is paid.

34. Detention, Lien and Sale Rights

34.1 Subject to Mandatory Law and Schedule H, LMS may require payment or security before continuing services or releasing Goods or documents in its lawful possession or control.

34.2 Goods may be subject to a particular lien for amounts owing on them and, where the law allows, a general lien for other amounts owing by the Customer, including the lien of a storer under the Repair and Storage Liens Act (Ontario).

34.3 A sale or other disposition of Goods takes place only after the notices and waiting periods the law requires. Consumer protection rules and the rights of owners, secured creditors and others entitled to notice continue to apply.

35. Cancellation and Postponement

35.1 Schedule G sets out what happens when the Customer cancels or postpones a shipment, and what LMS may keep from payments received.

35.2 A request to change details of the shipment is handled under clauses 10 and 13 and is not a cancellation.

35.3 Where LMS cancels for its own convenience without cause attributable to the Customer, the Goods, a Carrier, an authority or an event under clause 36, LMS refunds all payments received for the services not performed.

36. Force Majeure and Extraordinary Events

36.1 LMS is relieved of liability to the extent that performance is prevented, materially hindered or delayed by circumstances beyond its reasonable control that it could not reasonably avoid or overcome, such as war, terrorism, piracy, civil unrest, strikes or lockouts, embargoes, sanctions, government action, border, port or airport closure, epidemics, natural disasters, extreme weather, fire, explosion, cyber incidents, prolonged failure of transport, communications, information systems or energy, Carrier embargoes, equipment shortages and extraordinary congestion.

36.2 Where such an event makes a change to the routing, service or cost necessary, LMS tells the Customer and proposes a Revised Quote under clause 13. Reasonable costs already caused by the event, such as storage while waiting, may be charged under clause 14, subject to consumer protection law and any guaranteed Special Arrangement.

37. Electronic Records, Signatures and Communications

37.1 The Customer agrees to deal with LMS electronically: to receive Quotes, notices, documents and invoices by email and in the Workspace, and to accept, approve, acknowledge and sign them electronically. The Customer may ask at any time for a paper copy of any document, and may withdraw this agreement for future documents by telling LMS in writing.

37.2 An electronic acceptance, approval, acknowledgement or signature given in the Workspace (for example by ticking a box and pressing a button, typing a name or drawing a signature), or by email from the Customer's address, has the same effect as a handwritten signature to the extent the law allows.

37.3 For each electronic acceptance, approval, acknowledgement or signature LMS records the document and its version, the wording the Customer confirmed, the date and time, the name and email address given, and the device and network information the browser sends (such as IP address and browser type). LMS keeps these records as evidence of the agreement.

37.4 Where the law or a Carrier requires an original paper document, for example an original negotiable bill of lading, LMS provides one.

37.5 The Workspace link is personal to the shipment. Anyone who has the link can see the shipment's information and act on it, so the Customer must not forward it. LMS may rely on actions taken through the link and on emails that reasonably appear to come from the Customer, unless the Customer has told LMS the link or email account has been compromised. LMS will issue a new link on request.

37.6 LMS sends transactional messages about the Customer's enquiries, Quotes, shipments, documents and invoices by email and, where the Customer has provided a mobile number and agreed, by text message. LMS sends promotional messages only with consent, as Canada's anti-spam legislation requires, and every promotional message includes a way to unsubscribe.

37.7 Notices to LMS under these Conditions are given by email to customerservice@lastminuteshippers.com, by mail to 3136 Mavis Road, Unit 200, Mississauga, Ontario L5C 1T9, or through the Workspace. Notices to the Customer are given to the email address or Workspace for the shipment.

38. Workspace, Documents and Approvals

38.1 LMS asks for the documents and information it needs for each shipment through the Workspace. The Customer may upload documents, fill in forms and sign documents there.

38.2 A document the Customer uploads can be replaced while it is waiting for review. Once LMS approves a document, or once it has been signed, it cannot be changed; a correction is made as a new version, and the earlier version is kept and marked as superseded.

38.3 Where LMS prepares a document from information the Customer gave (for example a commercial invoice, packing list or export declaration), the Customer must check it. When the Customer approves or signs it, the Customer confirms that its content is accurate.

38.4 When LMS sends a draft bill of lading, draft air waybill or similar document, the Customer must review it by the date stated. Approval means the draft matches the Customer's instructions and may be issued as final. Changes requested after the document is issued may be subject to Carrier correction fees, which are passed through under clause 14.

38.5 Photographs, pickup records, Dock Receipts and signed documents in the Workspace form part of the shipment record and are kept under clause 39.

39. Privacy and Data

39.1 LMS collects, uses and discloses personal information as its Privacy Policy describes, published on its website, and as reasonably needed to quote for, book, transport, store, clear, insure, secure, trace and deliver the Goods, collect payment, comply with the law and handle claims.

39.2 Information is shared with Carriers, overseas agents, warehouses, customs brokers, screening facilities, insurers, payment providers, the technology providers that host and deliver LMS's services, and government authorities, including recipients outside Canada where the shipment or the service requires it. Information processed outside Canada may be accessible to the courts and authorities of the country where it is processed.

39.3 LMS uses automated tools, including artificial intelligence services, to sort incoming enquiries, suggest replies and answer general questions, and may calculate Preliminary Rates automatically. A person at LMS reviews and sends every Quote, Revised Quote, Additional Charge and Final Invoice.

39.4 LMS keeps shipment and financial records for as long as needed for the shipment and any claim, and for at least the period tax law requires.

40. Confidentiality

Each party uses reasonable care to protect non-public business information received from the other in connection with the services, except where disclosure is authorized, needed to perform the services, or required by law. LMS does not disclose its Carrier costs, rates or margins, and a Quote is confidential to the Customer.

41. Consumers

41.1 Where the Customer is a Consumer, the rights and protections that consumer protection law gives cannot be waived, and these Conditions are read so as not to reduce them. Schedule F explains how the main ones apply to LMS's services.

41.2 Where a clause of these Conditions refers to a Business Customer only, it does not apply to a Consumer.

42. Assignment, Severability, Waiver and Survival

42.1 The Customer may not assign its rights or obligations for a shipment without LMS's written consent where the assignment would materially increase LMS's risk or obligations. LMS may assign receivables and may use affiliates and subcontractors to perform services.

42.2 If any provision is invalid or unenforceable, the rest continues in effect, and the provision is read down or severed only to the extent necessary.

42.3 A delay or failure to enforce a right is not a waiver of it.

42.4 Provisions about payment, refunds, claims, liability, indemnity, lien, privacy and disputes survive completion or cancellation of the services.

43. Entire Agreement and Order of Precedence

43.1 For each shipment, the agreement between LMS and the Customer consists of the accepted Quote or Revised Quote, these Conditions in the version that applies under clause 45, any Special Arrangement, and the transport documents and receipts for the shipment. LMS's website Terms of Use govern use of the website and do not change these Conditions.

43.2 If documents conflict, Mandatory Law prevails first. Subject to it, the following order applies: (1) a Special Arrangement signed or expressly accepted by LMS; (2) the LMS transport document or warehouse receipt for a service in which LMS acts as principal; (3) the accepted Quote or Revised Quote; (4) the applicable Schedule; (5) Part A; and (6) routine correspondence.

43.3 The lawful terms of a performing Carrier or Service Provider may independently govern the services it performs and may create rights or limits that apply to the Customer or the Goods.

44. Governing Law and Disputes

44.1 Subject to Mandatory Law, conventions and any jurisdiction clause that lawfully governs an LMS transport document, these Conditions are governed by the laws of Ontario and the federal laws of Canada that apply there.

44.2 The courts of Ontario have jurisdiction over disputes under these Conditions. This does not remove any right the Customer has under Mandatory Law to bring proceedings elsewhere, for example under section 46 of the Marine Liability Act for carriage by sea, or a Consumer's rights under consumer protection law.

44.3 Before starting proceedings, each party will tell the other in writing what the dispute is and allow a reasonable opportunity to resolve it. After a dispute has arisen, the parties may agree in writing to mediation or arbitration in Ontario.

45. Changes to These Conditions

45.1 LMS may publish new versions of these Conditions for future Quotes. Each version has an effective date, and the Quote names the version that applies by that date.

45.2 A Quote is governed by the version in force when it was sent, and an accepted Quote by the version the Customer accepted. Publishing a later version does not change the terms of a Quote already sent or accepted. Clause 13.9 applies to Revised Quotes.

45.3 No employee or agent of LMS may change these Conditions orally. A change for a particular shipment must be in writing and accepted by an authorized LMS representative.

SCHEDULE A - AIR FREIGHT TERMS

Air carriage, consolidation, screening and related services

This Schedule forms part of the Standard Trading Conditions.

A1. Application and Role

This Schedule applies to air freight arranged or provided by LMS. LMS acts as freight forwarder and agent unless it issues a house air waybill in its own name undertaking carriage or expressly accepts carrier responsibility for a segment, in which case clause 3.2 applies.

A2. Montreal Convention and Mandatory Law

International carriage by air is usually governed by the Montreal Convention, which the Carriage by Air Act gives force of law in Canada, or by another convention or law that applies to the route. Those rules prevail over these Conditions. Under the Montreal Convention the carrier's liability for destruction, loss, damage or delay of cargo is limited to 26 Special Drawing Rights per kilogram (the limit as revised effective 28 December 2024), unless the consignor made a special declaration of value at handover and paid any supplementary charge. For cargo, this limit applies even where the loss was caused intentionally or recklessly. LMS does not replace the Convention limit with a lower private limit.

A3. Air Waybills

The airline or its agent issues the master air waybill. LMS may issue a house air waybill where operationally appropriate. The air waybill and the airline's conditions of carriage form part of the contract for the carriage they cover. Airport codes and routing on the air waybill are those of the booked flight.

A4. Chargeable Weight

Air freight is charged on the greater of the actual gross weight and the volumetric weight, calculated with the volumetric divisor of the airline or rate list stated in the Quote. The Verified Cargo is used under clause 11, and a Carrier's re-weighing or re-measurement is handled under clause 11.7.

A5. Air Cargo Security

Air cargo departing Canada is subject to the Canadian Aviation Security Regulations, 2012, and the airline's security program. Cargo must be screened by the air carrier unless it is tendered as secure cargo by a participant in Transport Canada's Air Cargo Security Program. The Customer must give accurate shipper and cargo information, must not interfere with cargo after screening, and must follow any security instruction LMS or the airline gives. Screening charges are handled under clause 20.3.

A6. Dangerous Goods and Batteries by Air

Dangerous goods by air must comply with the Transportation of Dangerous Goods Regulations, the ICAO Technical Instructions and the IATA Dangerous Goods Regulations in force, and with the airline's rules, which may be stricter. Lithium batteries shipped on their own are forbidden on passenger aircraft and are subject to state-of-charge and packing limits on cargo aircraft. Batteries packed with or contained in equipment must also be declared. Schedule E applies.

A7. Transit Time, Routing and Capacity

Flight schedules, connections and transit times are estimates unless a Special Arrangement guarantees them. Airlines may change aircraft, routing, gateways or capacity, and LMS may reasonably reroute or reconsolidate cargo under clause 23.

A8. Settlement Point

For air shipments the Final Balance must be paid in cleared funds before the Goods are handed to the airline or its ground handling agent, unless the Quote states otherwise.

A9. Claims for Air Cargo

Where the Montreal Convention applies, a written complaint must be made to the carrier within 14 days of receipt for damage, and within 21 days from the date the cargo was placed at the consignee's disposal for delay. An action must be brought within two years. For loss or non-delivery the Customer must notify LMS promptly so that the claim can be made within the carrier's and the Convention's periods. Schedule I applies.

A10. Insurance

Air freight is not insured for the value of the Goods unless the Customer requests cargo insurance and LMS confirms it under clause 26.

SCHEDULE B - OCEAN FREIGHT TERMS

FCL, LCL, consolidation, drayage, terminal and related ocean services

This Schedule forms part of the Standard Trading Conditions.

B1. Application and Role

This Schedule applies to ocean freight, including full container loads (FCL), less than container loads (LCL), consolidation, port and terminal services and related inland moves. LMS acts as forwarder and agent unless it issues a house bill of lading in its own name undertaking carriage, in which case clause 3.2 applies.

B2. Bills of Lading and Sea Waybills

The ocean carrier, or an NVOCC or consolidator LMS engages, issues the bill of lading or sea waybill. LMS issues a house bill of lading in its own name only for trades in which it is authorized to do so. The Customer reviews the draft bill of lading under clause 38.4 before the carrier's documentation deadline. Where no original bill of lading is needed, a sea waybill or express release is used. Original bills of lading are released only after the Final Balance is paid.

B3. Marine Liability Act and Hague-Visby Rules

The Marine Liability Act gives the Hague-Visby Rules force of law in Canada for carriage of goods by water between Canada and other countries, and also for carriage between places in Canada. Under those Rules the carrier's liability is limited to the higher of 666.67 Special Drawing Rights per package or unit and 2 Special Drawing Rights per kilogram of gross weight, unless the nature and value of the Goods were declared by the shipper before shipment and entered on the bill of lading. Nothing in these Conditions reduces a right or limit that cannot be waived under those Rules.

B4. FCL Containers Loaded by the Customer

Where the Customer or its supplier loads a container, the Customer is responsible for the count, condition, packing, blocking, bracing, securing, weight distribution, segregation and sealing of the cargo, and for keeping within the container's and the road's weight limits. Unless LMS or its contractor loads the container and records otherwise, the bill of lading may be claused "shipper's load, stow and count". Where a container is delivered to the Customer's premises, the free loading time is stated in the Quote; waiting beyond it is charged as the drayage carrier's documented waiting or detention charge under clause 14.

B5. LCL Cargo

LCL Goods must be packed for consolidation, stacking and repeated handling. LCL freight is charged on the greater of volume and weight under the rule stated in the Quote (commonly one cubic metre or 1,000 kilograms, whichever is greater), subject to the minimum stated in the Quote. LMS may consolidate LCL Goods with other customers' cargo and use transshipment hubs.

B6. Verified Gross Mass

A packed container may not be loaded on a vessel without its verified gross mass, as the Safety of Life at Sea Convention and the Cargo, Fumigation and Tackle Regulations require. For a container loaded by the Customer, the Customer provides the verified gross mass, signed by a person it authorizes, by the deadline LMS gives. Costs, delays and penalties caused by a late or inaccurate verified gross mass are for the Customer's account.

B7. Dangerous Goods by Sea

Dangerous goods and marine pollutants must be declared before booking and must comply with the Transportation of Dangerous Goods Regulations, the IMDG Code in force, port rules and the carrier's requirements. Schedule E applies.

B8. Ports, Terminals, Demurrage, Detention and Storage

Demurrage, detention, port storage, chassis, examination, cleaning, repair and equipment charges are passed through at cost under clauses 14 and 25 when they arise from the Customer, the consignee, the Goods or an authority, or from free time being exceeded for a reason not caused by LMS. At destination, the consignee is responsible for timely customs clearance, collection of the Goods and return of equipment within the free time the carrier or terminal allows.

B9. Sailings, Rollovers and Transshipment

Sailing and arrival dates and transshipment connections are estimates. Carriers may roll cargo to a later vessel, omit ports, substitute vessels or change routing. LMS does not guarantee sailing, arrival, customs release or delivery dates unless a Special Arrangement says so.

B10. General Average and Salvage

If general average or salvage is declared, the cargo interests must promptly provide the bond, guarantee, deposit or documents the carrier or average adjuster reasonably requires. Cargo insurance, where purchased, may respond under the insurer's terms.

B11. Settlement Point

For LCL shipments and other shipments handled through LMS's facility, the Final Balance must be paid in cleared funds before the Goods are released from the facility for loading or delivery to the consolidator or terminal. For FCL shipments loaded at the Customer's premises, it must be paid before the loaded container is delivered to the terminal or, where the Quote says so, before the bill of lading is released.

B12. Ocean Claims

Where the Hague-Visby Rules apply, written notice of loss or damage must be given to the carrier at the port of discharge before or at the time the Goods are removed or, if the loss or damage is not apparent, within 3 days. An action must be brought within one year of delivery, or of the date the Goods should have been delivered. Other shipments may be subject to the periods in the carrier's bill of lading. Schedule I applies.

B13. Refused, Unclaimed or Abandoned Cargo

If cargo is refused, abandoned or not claimed at destination, LMS may arrange storage, return, sale or disposal only as the law and the carrier's and terminal's requirements permit, after notice to the Customer where practicable. The reasonable resulting costs are for the Customer's account, subject to Mandatory Law.

B14. Personal Effects and Vehicles

Import rules for personal effects, household goods and vehicles are set by the destination country and may require the owner's presence, residence documents, inventories or permits. A vehicle exported from Canada must be free of liens, and its ownership and export documents, including an export declaration quoting the vehicle identification number, must be provided in time for the report under clause 21.2.

SCHEDULE C - TRUCKING (GROUND FREIGHT) TERMS

Truckload and less-than-truckload road transport, local pickup and delivery, and cross-border trucking

This Schedule forms part of the Standard Trading Conditions.

C1. Application and Role

This Schedule applies when LMS arranges or performs road transport. LMS usually arranges trucking with independent motor carriers as agent. LMS acts as carrier only where it issues the bill of lading as carrier or performs the carriage with its own vehicles, in which case clause 3.2 applies.

C2. Independent Motor Carriers

The performing motor carrier is responsible for its operating authority, drivers, equipment, safety compliance and the cargo insurance and liability the law requires of it. LMS selects carriers with reasonable care but does not guarantee their performance beyond what the law requires or LMS accepts in writing.

C3. Ontario Contracts of Carriage

Where Ontario Regulation 643/05 under the Highway Traffic Act applies, the bill of lading must contain the information it requires, and the uniform conditions of carriage in its Schedule 1 (general freight) or Schedule 3 (household goods) are part of the contract of carriage. Nothing in these Conditions overrides those conditions where they apply. Parcels of 45 kilograms or less are outside the general freight rules of that Regulation and are carried on the carrier's own terms. Where the carriage is governed by the law of another province or country, the conditions of carriage required by that law apply.

C4. Liability and Declared Value

Where the Ontario uniform conditions apply, the carrier's liability is the amount set by them (see clause 27.4), unless a higher value is declared on the bill of lading and any additional charge is paid. The Customer should not assume that the carrier's liability covers the value of the Goods and should consider cargo insurance under clause 26.

C5. Claims

Where the Ontario uniform conditions apply, written notice of a claim must be given to the originating or delivering carrier within 60 days after delivery or, for non-delivery, within 9 months after the date of shipment, and the final statement of claim must be filed within 9 months after the date of shipment, with a copy of the paid freight bill for general freight. Schedule I applies.

C6. Loading, Unloading and Site Requirements

The Customer must tell LMS before the Quote is prepared whether each location is residential or commercial, has a loading dock and forklift, needs an appointment, has limited access, or needs a tailgate truck, inside pickup or delivery, or protection from freezing. These services are quoted when disclosed. Where one is needed on site but was not disclosed, it is charged under clause 14. Where the Customer loads a vehicle, it is responsible for safe loading, weight distribution, securing and legal weight limits unless the carrier has undertaken them.

C7. Less-than-Truckload and Truckload

Less-than-truckload shipments are priced on weight, pallets or dimensions and, for United States shipments, freight class, under the rule stated in the Quote. Truckload shipments are priced per load and equipment type. A carrier's re-weighing, re-measuring or reclassification is handled under clause 11, with the carrier's inspection record as evidence.

C8. Cross-Border Road Transport

Cross-border shipments are subject to Canadian and United States customs, security and motor carrier requirements. LMS arranges United States segments only through carriers and intermediaries that hold the required authority, and customs clearance through licensed customs brokers. The importer is responsible for its customs accounts, security, duties and taxes, including its Canada Border Services Agency accounts for goods entering Canada.

C9. Settlement Point

For trucking, the Final Balance must be paid in cleared funds before pickup, unless the Quote states a later point. Differences found by the carrier after pickup are handled under clauses 11, 13 and 14.

C10. Cash on Delivery and Collect Shipments

LMS does not offer cash-on-delivery services unless it expressly agrees in writing. A collect instruction does not release the Customer from payment under clause 15.7.

SCHEDULE D - WAREHOUSING, RECEIPT AND STORAGE TERMS

Receipt, verification, temporary holding and storage at facilities LMS operates or uses

This Schedule forms part of the Standard Trading Conditions.

D1. When LMS Acts as Warehouser

LMS acts as warehouser only for Goods it receives into a facility it operates or controls, or for which it issues a warehouse receipt accepting warehousing responsibility. Where storage is provided by an independent warehouse under its own receipt or terms, LMS arranges it as agent.

D2. Receipt and Dock Receipt

Goods are received, counted, weighed, measured and photographed and a Dock Receipt is issued as clause 12 describes. Where the delivering carrier or the Customer does not provide a person to check the count, LMS's receiving count may be relied on, subject to correction for proven error.

D3. Storage Charges

Storage is charged as clause 25 provides. Longer-term storage is provided at the rate, minimum period and billing unit stated in the Quote or a Special Arrangement. When a free storage period ends, LMS is not required to continue storing the Goods free of charge.

D4. Access and Release

Access to the facility is by appointment and subject to its safety and security rules. Goods are released only to a person authorized by the Customer, after the charges due have been paid and the required documents provided. LMS may move Goods within or between suitable storage areas where reasonably necessary for safety, security or space management.

D5. Storage Conditions

Unless agreed in writing, storage is not temperature- or humidity-controlled and is not suitable for perishables, pharmaceuticals, fine art, wine, sensitive electronics or other Goods needing special conditions. The Customer must tell LMS of any special requirement before tender.

D6. Standard of Care and Liability

Where LMS is the warehouser, it takes the care of the Goods that a careful and prudent owner would take of similar goods, as the law requires. LMS is not an insurer of the Goods. Its liability for loss of or damage to stored Goods is subject to the warehouse receipt, any limit lawfully agreed for the storage service and clause 28. Nothing excludes liability that cannot lawfully be excluded.

D7. Hazardous or Deteriorating Goods

If stored Goods become hazardous, unstable, leaking, infested or perishable, or are likely to damage persons or property, LMS may take reasonable protective measures, including isolation, movement, return or disposal where the law permits, with notice to the Customer where practicable. The Customer pays the reasonable costs where the condition is attributable to the Goods or the Customer.

D8. Lien, Uncollected Goods and End of Storage

LMS has the lien for storage and handling charges that the Repair and Storage Liens Act (Ontario) and Schedule H give it, and exercises it only as that Act allows, including the notices it requires before a sale. LMS may end storage on reasonable written notice, subject to the warehouse receipt and Mandatory Law. Goods not collected after that notice may be dealt with under Schedule H.

SCHEDULE E - DANGEROUS GOODS AND BATTERY DECLARATION

Customer declaration, compliance obligations and charges

This Schedule forms part of the Standard Trading Conditions.

E1. Declaration

The Customer confirms that before tender it will fully and accurately disclose whether any shipment contains dangerous goods, hazardous materials, restricted articles or regulated batteries, including batteries packed with or contained in equipment. The Customer makes this declaration when it accepts a Quote and again in the shipment's dangerous goods questions in the Workspace.

E2. Customer Responsibility

The Customer is responsible for correct classification, declaration, packaging, marking, labelling and documentation, and must comply with the law and the Carrier's requirements described in clause 19.

E3. No Concealment or Misdescription

The Customer must not conceal, misdescribe or omit dangerous goods or restricted articles. LMS may reject, hold, return, isolate, repack, re-document or arrange lawful disposal of them where required for safety or compliance.

E4. CAD 450 Administrative and Compliance Charge

If an undeclared or incorrectly declared battery, dangerous good, hazardous material or restricted article is discovered by LMS, a Carrier, a terminal, a warehouse, a screening facility, an airport, a government authority or another Service Provider, LMS may charge the Customer a CAD 450 administrative and compliance charge for each affected shipment, to the extent the law allows. The charge compensates LMS for the additional compliance work and is not a fine or penalty.

E5. Additional Costs

The CAD 450 charge is in addition to the reasonable costs and third-party charges the non-declaration or misdeclaration causes, such as screening, inspection, dangerous goods handling, storage, demurrage, detention, repacking, relabelling, documentation, return freight, disposal and Carrier assessments.

E6. Dangerous Goods Specialists

LMS may engage trained and qualified specialists to classify, pack, document or handle dangerous goods. Their charges are payable by the Customer unless the Quote includes them.

E7. Indemnity

To the extent the law allows, the Customer indemnifies LMS and its directors, officers, employees and agents against claims, losses, liabilities and reasonable expenses arising from the Customer's failure to declare, classify, package, mark, label or document dangerous goods accurately.

E8. Continuing Declaration

This declaration applies to every shipment tendered by or for the Customer, but the Customer must still answer the dangerous goods questions for each shipment.

SCHEDULE F - CONSUMER AND HOUSEHOLD GOODS PROTECTIONS

How consumer protection law applies to LMS's services for individuals

This Schedule forms part of the Standard Trading Conditions.

F1. When This Schedule Applies

This Schedule applies when the Customer is a Consumer. In Ontario, the Consumer Protection Act, 2002 applies where the Consumer or LMS is located in Ontario when the agreement is made. Consumers elsewhere also have the protection of the consumer law of their province. If this Schedule and any other part of these Conditions differ, the one that gives the Consumer greater protection applies.

F2. Information Before an Online Agreement

Before a Consumer accepts a Quote online, LMS makes the following available in the Quote and these Conditions, in a form that can be kept and printed: LMS's name, business address, telephone number and email address; a fair description of the services; an itemized price, including taxes; a description of each additional charge that applies or may apply, such as customs duties or brokerage fees, and its amount where LMS can reasonably determine it; the total amount payable; the payment terms; the expected dates of the services; the cancellation and refund policy; and the currency, where it is not Canadian dollars. The Consumer has an express opportunity to accept or decline the Quote and to correct errors before accepting.

F3. Copy of the Agreement

After a Consumer accepts a Quote, LMS sends the Consumer a copy of the accepted Quote and these Conditions by email within the period the law requires.

F4. Estimates and Price Increases

Where LMS gives a Consumer an estimate, LMS does not charge more than 10 percent above it, unless the Consumer asks for additional or different goods or services and agrees to a revised price. A Revised Quote that increases the price, including one issued because the Verified Cargo is larger than declared, takes effect only if the Consumer accepts it. If the Consumer does not accept it, clause 13.7 applies.

F5. Cancellation Rights

Any right the law gives a Consumer to cancel, and to a refund on cancellation, prevails over Schedule G. For example, a Consumer may be entitled to cancel an internet agreement if the required information was not disclosed or a copy of the agreement was not delivered as the law requires, and may have a cooling-off right for an agreement made in person away from LMS's premises. Refunds on a statutory cancellation are made within the period the law requires.

F6. Consumer Rights to Go to Court

Nothing in these Conditions requires a Consumer to use arbitration or prevents a Consumer from bringing an action in court or joining a class proceeding. After a dispute arises, a Consumer may agree to another method of resolving it. For a Consumer, no clause of these Conditions shortens a limitation period under the Limitations Act, 2002 (Ontario); time limits that a statute or convention sets for claims against Carriers continue to apply.

F7. Ontario Household Goods Contract of Carriage

Where Ontario Regulation 643/05 applies to household goods, the contract of carriage for the road segment contains the information the Regulation requires, including the parties, origin and destination, date, inventory and condition, declared valuation, charges, delivery period, special services and a statement that the uniform conditions of carriage apply. The consignee's signature on receipt does not remove the right to make a timely claim for loss or damage.

F8. Household Goods Carrier Liability

Where LMS is the carrier for an Ontario household goods road segment, the valuation, declared-value and claim provisions of Schedule 3 of Ontario Regulation 643/05 apply, and LMS does not use a general exclusion to remove liability that those provisions impose.

F9. No Improper Holding of Household Goods

Nothing in these Conditions allows LMS to hold a Consumer's household goods to force renegotiation of the agreed price or services. Detention and lien rights are used only where and to the extent the law allows.

F10. International Relocation Charges

For an international relocation, the Quote identifies destination agent, customs, port, terminal, storage and delivery charges as included, excluded, estimated or payable directly at destination. LMS does not describe an excluded destination charge as included. Destination services are subject to local law and the destination provider's lawful terms.

F11. Consumers in Quebec

Where the Consumer Protection Act (Quebec) applies, the Consumer has the rights it gives, including its prohibition on requiring a Consumer to use arbitration.

SCHEDULE G - BOOKING, CANCELLATION AND CHANGES

When a shipment is booked, and what happens if it is cancelled or postponed

This Schedule forms part of the Standard Trading Conditions.

G1. Acceptance and Booking

The contract for a shipment is formed when the Customer accepts the Quote. LMS starts work when the Initial Payment is received. Carrier space and equipment are confirmed when LMS issues a Booking Confirmation. From acceptance, LMS may make commitments to Carriers, truckers, terminals, warehouses, agents and other Service Providers for the shipment.

G2. Booking Deposit

Where the Quote identifies part of the Initial Payment as a non-refundable booking deposit, that part is applied to the final charges if the shipment proceeds, and LMS may keep it if the Customer cancels, as compensation for administration, reserved capacity and commitments made, and not as a penalty. The rest of the Initial Payment is dealt with under G3 to G6.

G3. Cancellation More Than 48 Hours Before Pickup

If the Customer cancels more than 48 hours before the scheduled pickup, or before tender where there is no pickup, LMS may keep the booking deposit and charge the third-party costs reasonably incurred or committed for the shipment that cannot be recovered. LMS refunds the rest of the payments received under clause 16.4.

G4. Cancellation Within 48 Hours Before Pickup

If the Customer cancels 48 hours or less before the scheduled pickup, the Customer pays a cancellation charge of 50 percent of the total freight and service charges in the accepted Quote for the cancelled shipment, subject to the law. Payments received, including any booking deposit, are credited toward that charge, so the same amount is not charged twice, and any excess is refunded under clause 16.4.

G5. Cancellation After Pickup or Tender

If the Customer cancels after the Goods have been picked up or tendered, the Customer pays the greater of the charge in G4 and the charges for the services already performed at the rates in the accepted Quote together with third-party costs committed that cannot be recovered. The Customer also pays for return delivery or storage it chooses. Payments received are credited, and any excess is refunded under clause 16.4.

G6. What Is Not a Cancellation

A request to change the shipment is handled under clauses 10 and 13 and is not a cancellation. Where the Customer declines a Revised Quote, clause 13.7 applies instead of G4 and G5.

G7. Postponement

If the Customer asks to postpone the pickup or tender, LMS rearranges it where possible. Carrier rebooking fees and storage caused by the postponement are charged under clause 14. If the new date falls after the Quote's validity or requires a different sailing or flight with different rates, LMS issues a Revised Quote under clause 13.

G8. Cancellation by LMS or a Carrier

Cancellation charges do not apply where LMS cancels for its own convenience, and clause 35.3 applies. If a Carrier cancels capacity or an event under clause 36 prevents the booked service, LMS offers a reasonable alternative by Revised Quote. If the Customer does not accept it, LMS refunds the payments received less third-party costs already incurred that cannot be recovered, to the extent the law allows.

G9. Purpose of the Charges

The parties agree that a late cancellation causes costs and losses that are difficult to calculate precisely, including lost Carrier or trucking capacity, no-show charges, equipment positioning, labour scheduling, documentation and warehouse preparation. The charges in this Schedule are intended as a reasonable pre-estimate of that loss and not as a penalty.

G10. Consumers

This Schedule is subject to Schedule F and to any cancellation, refund or estimate right a Consumer has under the law.

SCHEDULE H - PAYMENT, DETENTION, LIEN AND SALE OF GOODS

Payment security and lawful enforcement rights

This Schedule forms part of the Standard Trading Conditions.

H1. Payment Obligations

The Customer pays all freight charges, service charges, Additional Charges, disbursements, duties, taxes, storage, demurrage, detention and other amounts properly owing to LMS for the shipment.

H2. Payment Before Release

LMS releases the Goods for dispatch at the Settlement Point only when the Final Balance has been paid, as clause 15.5 provides. Where an amount is due and unpaid, or LMS reasonably needs security for amounts becoming due, LMS may, to the extent the law allows, pause further services, decline to advance funds, withhold documents in its control, and require payment or satisfactory security before releasing Goods.

H3. No Set-Off and Third-Party Payers

Clause 32 applies. If a consignee, buyer, seller or other party was expected to pay but does not, the Customer remains liable unless LMS agreed otherwise in writing.

H4. Particular and General Lien

To the extent the law allows, Goods and documents in LMS's lawful possession or control are subject to a particular lien for amounts owing on those Goods and, where the law allows, a general lien for other amounts owing by the Customer. Nothing in this Schedule creates a lien broader than the law permits.

H5. Storage During Detention

While Goods are lawfully held for unpaid charges, the Customer remains responsible for reasonable storage, handling, demurrage, detention, terminal, equipment, preservation and transport charges. LMS may move the Goods to another suitable storage place where reasonably necessary.

H6. Notice Before Enforcement

Before enforcing a lien by sale or other disposition, LMS gives the notices the law requires to the Customer and, where required, to the owner, secured creditors and other persons with a legally recognized interest. Where the Repair and Storage Liens Act (Ontario) applies, this includes its notice of the lien and its notice of intention to sell, and no sale takes place before the waiting period in that Act.

H7. Sale or Other Disposition

If the amount owing remains unpaid after the required notices and waiting periods, LMS may arrange a public auction, private sale or other lawful disposition, only to the extent the law permits and in the manner it requires.

H8. Application of Proceeds

Sale proceeds are applied to the costs of preservation, storage, enforcement and sale, and then to the amounts secured by the lien. Any surplus is dealt with as the law requires. If the proceeds are not enough, the Customer remains liable for the rest to the extent the law allows.

H9. Perishable, Dangerous or Deteriorating Goods

Where Goods are perishable, dangerous or rapidly deteriorating, or create a risk to persons, property or the environment, LMS may take faster protective or disposal measures that are reasonably necessary and permitted by law.

H10. Consumers

For a Consumer, LMS does not use detention, lien or sale rights in a way that consumer or transport law prohibits, including to pressure a Consumer into paying a charge the law does not permit.

SCHEDULE I - CLAIMS PROCEDURE AND REQUIRED DOCUMENTS

Claim notices, evidence and the periods that commonly apply

This Schedule forms part of the Standard Trading Conditions.

I1. Immediate Steps

The Customer or consignee should inspect the Goods on delivery and note any visible shortage or damage on the delivery receipt. Concealed damage should be reported in writing as soon as it is discovered. Keep the packaging and the damaged Goods until they have been inspected or LMS confirms that inspection is not needed, and take reasonable steps to prevent further loss.

I2. Written Claim

A written claim should give the LMS reference, the shipper and consignee, the origin and destination, the shipment and delivery dates, the packages or Goods affected, the nature and amount of the loss, and the facts relied on.

I3. Supporting Documents

• The Quote or Revised Quote, Booking Confirmation and invoices.
• The air waybill, bill of lading, road bill of lading or warehouse receipt.
• The Dock Receipt and pickup record, with photographs.
• A commercial invoice, purchase invoice or other proof of value.
• The packing list and, for household goods, the inventory.
• The delivery receipt or proof of delivery, with exceptions noted.
• Photographs or video of the packaging, labels, pallets, seals and damaged Goods.
• A repair estimate, salvage value, replacement evidence or survey report.
• Proof of payment of freight where the governing conditions require it.
• Insurer correspondence, where cargo insurance was purchased.

I4. Common Claim Periods

The table below is a summary only. The law, convention or transport document that governs the shipment controls, and a shorter or different period may apply.

I5. Receipts Are Not Waivers

Acknowledging a Dock Receipt, a pickup record or a delivery receipt does not remove the right to make a timely claim for loss or damage that was not visible or not recorded at the time.

I6. Claims Handling Is Not an Admission

LMS may investigate, help with claims against Carriers, communicate with insurers or discuss settlement without admitting liability. The Customer remains responsible for meeting every notice period and time limit that applies.

SCHEDULE J - COURIER TERMS

Parcels and documents sent by courier

This Schedule forms part of the Standard Trading Conditions.

J1. Application and Role

This Schedule applies to parcels and documents LMS sends through a courier. LMS arranges courier service as agent. The courier's published terms and service guide govern the carriage and form part of the contract for it.

J2. Billed Weight

Courier charges are based on the billed weight: the greater of the actual weight and the dimensional weight, calculated with the courier's dimensional divisor for the service stated in the Quote and rounded under the courier's rules.

J3. Courier Surcharges

The courier's published surcharges may apply, such as fuel, residential delivery, remote area, additional handling, large package, over-maximum size or weight, address correction and delivery options. The Quote includes those that are known from the details given. Surcharges that arise because the parcel or the address differs from the details given are passed on under clause 14, with the courier's evidence.

J4. Prohibited and Restricted Items

Items the courier prohibits or restricts are not accepted. Dangerous goods are accepted only where the courier's service allows them and Schedule E is complied with.

J5. International Courier Shipments

For international shipments, the courier may clear customs through its own brokerage service. Duties, taxes and clearance fees are billed to the receiver unless the Quote says they are prepaid. If the receiver refuses to pay them and the courier returns or bills the shipment, the resulting charges are for the Customer's account.

J6. Liability and Declared Value

The courier's liability is limited by its terms and, for international air carriage, by the Montreal Convention. A higher declared value is available only where the courier offers it and the charge is paid. A declared value is not cargo insurance; clause 26 applies.

J7. Delivery

Delivery is made in accordance with the courier's normal practice, which may include release without signature where the courier allows it, unless a signature option is selected and paid for.

J8. Claims

Claims must be made within the courier's periods, which can be short. The Customer should notify LMS promptly so that LMS can file the claim with the courier on the Customer's behalf.

J9. Settlement Point

For courier shipments, the full charges must be paid before the parcel is tendered to the courier, unless the Quote states otherwise.

SCHEDULE K - STANDARD ADDITIONAL CHARGES

The categories of Additional Charge, the basis for each and when approval is needed

This Schedule forms part of the Standard Trading Conditions.

K1. How This Schedule Works

This Schedule lists the categories of Additional Charge under clause 14. An Additional Charge is made only when its event occurs, only on the basis shown, and with the notice clause 14.3 requires. Where the Quote states a rate for a category, that rate applies. A handling fee on a third-party charge applies only if the Quote states it. Where a category's event changes the price, scope, route or compliance of the shipment, a Revised Quote is issued under clause 13 instead.

K2. Categories

K3. Evidence

Evidence for an Additional Charge may include the Dock Receipt, pickup record, photographs, the Carrier's or Service Provider's invoice or inspection record, an authority's notice, and timestamps of waiting or attempted service. LMS makes the evidence available in the Workspace.

CUSTOMER ACCEPTANCE AND EXECUTION

ELECTRONIC ACCEPTANCE

A Customer who accepts a Quote in the Workspace does not need to sign this page. Under clause 37, the electronic acceptance, with the record of the version, wording, date, time and device, has the effect of the Customer's signature.