Terms & Conditions
The following terms and conditions apply and govern your use of the fetchable.ca website and related services, your use of this site will establish your agreement, on behalf of yourself and the entity you represent (“You” or “Your” or “Customer”), to all of the terms and conditions provided below.
Fetchable.ca is a joint shipping service provided by BBE Expediting Ltd. and Canadian North Inc. (“Service Providers”). The Service Providers agree to provide delivery services as requested by the Customer. The Customer will provide instruction on the method of delivery of the Cargo and the delivery agent, and the Service Providers shall be responsible to provide the service requested and engage third party delivery agents to pick-up and deliver product to their destinations in accordance with the Customer’s instructions.
Ground Service: Our ground service is provided as a part of the joint shipping service to connect with the air cargo services provided. Ground service delivery agents, costs and service level will be selected by the Customer during the order process. The provision of ground service by the Service Providers shall be governed by the Canadian International Freight Forwarding Association’s (“CIFFA”) Standard Trading Conditions, in addition to the within terms and conditions. In the provision of ground service, the Service Providers will be responsible for entering into an agreement directly with the delivery agents to arranging transportation, procurement and/or provide related services, such as, but not limited to, packaging, warehousing and any other kind of logistics services. See link below to the CIFFA Standard Trading Conditions (as amended from time to time) applicable herein:Ciffa Standard Trading Conditions
Air Cargo Service: our air cargo service is provided by the Service Providers with the following service levels:
- Get it Now: Our premium service, where your shipment will reach its destination in 2 days.
- Get it Fast: Our general service, where your shipment will reach its destination in 4 days.
- Get it: Our discount service, where your shipment will reach its destination in 7 days.
In tendering the cargo (“Cargo”) described herein for carriage, the Customer agrees to these terms and conditions of contract, which no agent or employee of the parties hereto may alter and agrees that this air waybill is non-negotiable and has been prepared by the Customer or on Customer’s behalf by the Service Providers.
Carriage and other service performed in connection with the air carriage of cargo (“Carriage”) by the Service Providers, is subject to the rules, regulations and conditions of carriage contained in the Domestic Cargo Tariff of Canadian North Inc., which is available for inspection at a Canadian North office or at the link below, and forms part of these terms and conditions:Domestic Cargo Charter Tariff
OTHER TERMS AND CONDITIONS
- Exclusion – The Service Providers shall not be liable for loss, damage, delay or other result caused by the acts of God, act or default of the Customer or consignee, nature of the shipment, or violation of the Customer or consignee of any of the tariffs, shipments, the contents of which are liable to deteriorate or perish due to change in climate, temperature, altitude or other ordinary exposure, or because of the length of time in transit, will be accepted without responsibility.
- If the Carriage involves an ultimate destination or stop in a country other than the country of departure, the Warsaw Convention may be applicable and the convention governs and, in most cases, limited the liability of the Service Providers in respect of loss, damage or delay of the Cargo to CAD $1.10 Per Kilogram, unless a higher value is declared in advance by the Customer and a supplementary charge paid if required.
- In Carriage to which the Warsaw Convention does not apply, the Service Providers’ liability in the event of loss, damage or delay, whether it be caused by the negligence of the Service Providers or otherwise, is limited to CAD $1.10 per kilogram unless a higher value is declared on the air waybill. The Service Providers shall not be liable for any consequential or special damages including, but not limited to, loss of profits or incomes, whether or not the Service Providers had knowledge that such damages might be incurred.
- Shipments of Extraordinary Value – special rules and limitations apply pursuant to the Domestic Cargo Tariff of Canadian North Inc
- Insurance – Insurance on the Cargo, is available upon request to the Service Providers, but shall not be provided unless explicitly stated on the booking instructions.
- Claims against the Service Providers must be made in writing within 120 days from the date of issue of the air waybill. Claims for overcharges must be made in writing within 180 days from the date of issue of the air waybill. Damage and/or loss discovered by the Customer after delivery and after a clear receipt has been given to the Service Providers at destination must be reported to the Service Providers in writing within 15 days after delivery of the shipment. No claim for loss, damage or delay to a shipment will be entertained until all transportation charges have been paid.
- The Service Providers shall make reasonable efforts to comply with any special instructions given by the Customer, but make no warranty and provide no guarantee that special instructions will be complied with.
- If the weight and dimensions provided during the order process are different than what is received by the Service Providers and that discrepancy leads to a change in the Service Providers’ fees for the Carriage, the Service Providers reserve the right to charge an additional fee to the customer and to hold your Cargo until the additional fees are paid by the Customer.
- All content contained within the site is owned by the Service Providers. Fetchable.ca is provided for the sole use of providing an online shipping service to quote, ship and track goods.
Force Majeure – If the Service Providers are prevented from or delayed in their performance of any services contracted with the Customer as a result of fire, floods, epidemics, inclement weather, an act of God or of the public enemy, an order of a government authority, or a labour dispute, the time for performance of that service shall be extended by the length of time it is so prevented or delayed. If any event of force majeure that:
- disrupts, or threatens to disrupt, the Service Providers’ operations; or
- if the event of force majeure lasts for more than thirty (30) days; or
- if the event of force majeure results in the frustration of the Carriage ordered by the Customer, the Service Providers may cancel this Carriage agreement by written notice, termination all obligations and liabilities imposed on it by this Carriage agreement except for the obligation to pay the reasonable costs and expenses incurred by the Service Provider in the course of its performance of this Carriage agreement prior to such notice of cancellation, not to exceed the price to be paid by the Customer hereunder for such cancelled Carriage. The Service Provider shall notify the Customer of the delay in writing as soon as reasonably possible (and in no event later than five (5) days after the beginning of any cause for delay).
- Delivery – Nothing stated in these terms and conditions or any verbal estimate as to the delivery timing of the Cargo should ever be interpreted as a guarantee or assurance of delivery time. Carriage pursuant to the Customer’s instructions will begin as soon as is practical for the Service Providers and delivery will be effected when reasonably practical to do so, given all the circumstances of the delivery, the Cargo and the Service Providers.
- No Guarantee or Warranty – The Service Providers expressly disclaims all representations, warranties, or conditions of any kind with respect to the Carriage services provided hereunder, whether express or implied, including, but not limited to, the implied warranties or conditions of condition, delivery time, merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement. The Service Providers do not warrant that the Carriage Services will meet the Customer’s requirements or be uninterrupted, timely, secure, or error-free, or that defects will be corrected. No verbal estimate as to the effectiveness of the Carriage should ever be interpreted as a guarantee of results.
- Illegal Shipments and Unsafe or Dangerous Cargo – The Service Providers reserve the right to terminate any Carriage at any time if the Customer, Cargo, or delivery of the Cargo becomes unsafe in the sole opinion of the Service Providers or their agents, or if the Service Providers become aware of a contravention of any laws, regulations, rule or procedures applicable herein. Under no circumstances shall the Service Providers be liable to the Customer or any third party for anything resulting from the Carriage of illegal, unsafe or dangerous Cargo (as judged in the sole discretion of the Service Providers acting reasonably) and the Customer shall save harmless and indemnify the Service Providers for all losses, claims and expenses related thereto.
- Choice of Law – These Terms and Conditions shall be governed by the laws of the Province of Alberta and the laws of Canada applicable therein and the parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of Alberta.
- No Waiver – The silence, failure or delay by a party in exercising any right hereunder shall under no circumstances be interpreted or construed as a waiver of such right by said party; the latter may avail itself of such right until such time as it contractually or legally expires.
- No Shows – If your shipment has not been received at a Canadian North base within 30 days of shipment creation, the Service Providers have the right to refund your credit card and cancel the shipment.