SKELTON TRUCK LINES
Service Terms and Conditions
(Canada and U.S.A.)
1. Skelton Truck Lines, Inc. (“STI”) is licensed in the U.S.A. as contract carrier under MC-948721, DOT-2835780. Skelton Truck Lines, Ltd. (“STL”), is licensed in the U.S.A. as a motor carrier under MC-185997, DOT-292662 and in Canada if and as required by applicable law.
2. Subject to the terms of any written signed agreement these Service Terms and Conditions govern all transportation services offered by STI and/or STL (hereafter collectively “Carrier”) for their customers (the reference to “customer or customers” herein meaning STI and/or STL’s direct customer, and/or the owner, consignee or any person or entity claiming legal or beneficial interest in goods for whom Carrier agrees to provide the services herein, hereafter “Customer”) The identity of either STI or STL as providing the services for a Customer will be confirmed by the bill of lading for carriage issued at an origin point. By accepting an STI or an STL Service Quotation, Customer accepts all terms set forth herein, which are also published at www.skeltontruck.com and which can be made available upon request. Customer is deemed to have accepted an STI or and STL Service Quotation in its tender of cargo to Carrier for carriage.
3. Carrier liability for cargo loss or damage arising from services that involve an origin point in the United States shall be governed by 49 U.S.C 14706 (the “Carmack Amendment”) and 49 C.F.R Part 370. In the event of the foregoing, subject to articles 5 and 6 below Carrier liability for cargo loss or damage is limited to USD $100,000 per shipment. In the event of any conflict between these Terms and Conditions and the said applicable laws the former will govern to the extent of any such inconsistency as permitted by law. Any dispute or suit arising from the performance or non-performance of the services contemplated in this paragraph shall be brought in the state or federal courts of Wake County, North Carolina which shall have sole or exclusive jurisdiction over same.
4. Carrier liability for cargo loss or damage arising from services that involve an origin point in Canada shall be governed by the prescribed “uniform bill of lading” or similar deemed contract of carriage terms and conditions in effect in the province of origin, or where there be no such legislation, in accordance with applicable common law. In any event of the foregoing, subject to article 5 below Carrier liability for cargo loss or damage will be limited to the lesser of i) $2 per pound based on the weight of the shipment actually lost or damaged or ii) the value of cargo determined pursuant to clause 6 below. In the event of any conflict between these Terms and Conditions and the said laws the former will govern, to the extent of any such inconsistency as permitted by law. Any dispute or suit arising from the performance or non-performance of the services contemplated herein shall be brought in the Ontario Superior Court which shall have sole or exclusive jurisdiction over same.
5. Customer may opt to purchase an increased level of Carrier liability than otherwise deemed applicable at articles 3 and 4 above. Should Customer wish to exercise this option it must, prior to the tender of a shipment for carriage: i) provide a written request to Carrier, ii) secure the written agreement by an authorized representative of Carrier and iii) agree, in writing, to pay any applicable charges to Carrier.
6. Without prejudice to any of the foregoing, for purposes of assessing Carrier liability for cargo loss or damage the valuation of a shipment will be the lower of Customer’s actual manufacturing cost or acquisition cost to replace the lost or damaged cargo at it’s pre-loss condition less salvage value.
7. In no event shall Carrier be liable to Customer for consequential, special or indirect losses or damages whether for delay or otherwise, or for damages of an incidental, exemplary or punitive nature including but not limited to loss of use, market, goodwill or profits which arise from the performance or non-performance of the services contemplated herein.
8. If Carrier is prevented or delayed from performing any of its obligations hereunder by reason of any act of God, strike, threat of imminent strike, walkout, labor disruptions, fire, war, insurrection or mob violence, acts of terrorism, requirement or regulation of government, unavoidable casualty, collision or upset or other reason, whether similar or dissimilar to the foregoing, beyond its reasonable control and in any such event, such failure to perform shall not be deemed a breach of it’s services mandate from Customer. In such event the performance of any of Carrier’s obligations be so prevented or delayed they shall be suspended during such period of disability, and it shall use reasonable diligence to remove such causes of disability as may occur from time to time.
9. For claims governed by Canadian law, Carrier shall not be liable for any claims not presented to it, in writing, within 90 days of the date of loss or incident giving rise to such claim. No suit to recover any claim or demand under these Terms and Conditions may be brought against Carrier unless such suit is filed in a court of competent jurisdiction within 2 years from the date of loss or incident giving rise to such claim. For claims governed by U.S. law, Carrier shall not be liable for any claims not presented to it, in writing, within 9 months of the date of delivery or, in the case of non-delivery, within 9 months of a reasonable time for delivery. No suit to recover any claim or demand under these Terms and Conditions may be brought against Carrier unless such suit is filed in a court of competent jurisdiction within 2 years and 1 day from the date upon which Carrier declines the claim or any portion thereof.
10. Payment for Services: Customer agrees to be unconditionally liable for all charges, fees and costs any authorized person incurs on Customer’s account net 15 days from date of Carrier’s invoice, without offset for any disputes or claims, including freight claims, overcharges, duplicate payments, and or disputed invoices. Late charges of 1.5% (U.S.A.) and 2% (Canada) compounded monthly shall commence on the 31st day after the date of the Carrier’s invoice, until paid.
11. Customer warrants that it tenders transit worthy cargo for the intended carriage, has notified Carrier in writing of applicable laws, regulations and instructions governing the cargo, and that the tender is in full compliance with declaration, marking, and all requirements of the respective U.S. and Canadian Customs Services, the U.S. Food and Drug Administration and Health Canada, and any other statues, rules, and regulations of any Federal, state, provincial, and/or local authorities applicable to Customer’s goods including without limitation the offering for transport of Hazardous and/or Dangerous Goods.