Terms and Conditions of service
1.0 Application of Terms and Conditions
These Speedelivery Guys Inc. (herein referred to as “Speedelivery”) Terms and Conditions of Service as amended from time to time (“Terms and Conditions) govern all services provided or arranged by Speedelivery.
Speedelivery in conjunction with its affiliates is engaged in the transportation of goods by road in Ontario. The services offered to the customer/consignor (payer) are in accordance with these terms and conditions set out herein and in accordance with Speedelivery’s published and or specified rates.
2.2 Maximum Weight and Size
The Sender warrants that all packages shall not exceed 5pounds in weight; or exceed 40 inches in length or 20 inches in girth. Speedelivery may, in it’s sole and absolute discretion, not accept or may refuse to provide services in respect of any package or article that exceeds the maximum weight and size. If Speedelivery accepts a package weighing over the maximum weight or larger than the maximum size at its discretion, the package is deemed to weigh the maximum weight and no larger than the maximum size
3.0 Prohibited Items
3.1 Illegal Items
No service shall be rendered by Speedelivery in the transportation of any shipment or package which is prohibited by law or regulations of any federal, state, provincial, or local government in the origin or destination place. Further, no services shall be rendered to transport any dangerous or illegal items. The consignor (payer) shall ensure that they comply with all applicable laws or regulations.
3.2 Prohibited Items
In the event that any such prohibited article enters the Speedelivery’s system, this does not constitute a waiver on the part of Speedelivery and Speedelivery shall have no liability whatsoever for delay, loss or damage to any such article. Consignors are prohibited from sending articles of unusual value via Speedelivery. Articles of unusual value shall be deemed to include, but are not limited to: Currency, negotiable instruments (except cheques) and money orders; human remains in any form; any shipment that, Speedelivery’s judgment, could cause damage or delay to equipment, personnel, or other Shipments.
4.0 Limitation of Liability of Speedelivery
4.1. Maximum Liability
THE AMOUNT OF ANY LOSS OR DAMAGE FOR WHICH SPEEDELIVERY MAY BE LIABLE, WHETHER OR NOT THE LOSS OR DAMAGE RESULTS FROM NEGLIGENCE, GROSS NEGLIGENCE OR A FAILURE TO PERFORM THE CONTRACT, SHALL NOT EXCEED $2.00 PER LB (C$4.41 PER KG) FOR A MAXIMUM LIABILITY OF C$20.
Speedelivery is not responsible for the consequences (direct or indirect) of a failure to deliver a package by a stipulated time. Upon request, Speedelivery, at its option, may credit a customer (payer) if a shipment is not delivered in a timely manner.
4.3. Events Beyond Speedelivery’s Control
Speedelivery is under no obligation to refund or credit a Customer (payer) for any transportation charges, or for any loss, damage, delay, non delivery, misdelivery or failiure to perform, caused by events beyond Speedelivery’s control, including, but not limited to any act default or omission of the Shipper, owner, Receiver or any party having an interest in the shipment, defects or inherent vice in the Shipment, inadequate or incorrect address on the booking platform (website or telephone), acts of God, perils of the road, weather conditions, mechanical delays, disruptions on ground transportation networks, acts of public enemies, public health crisis, quarantine, war, strikes or other labour disruptions, terrorism, riots, civil commotion, acts of public authority, documentation, routing or loss/damages to perishable items requiring protection from heat or cold, to the extent the loss of damages results from exposure to heat or cold or the perishable nature of the items.
4.4. Loss of Personal Information
Speedelivery’s liability for loss of personal information (information about an identifiable individual or entity) contained in or displayed on any package is limited in accordance with the limitations on Speedelivery’s liability contained in these Terms and Conditions (see “Maximum Liability”). The consignor (payer) shall have the sole responsibility for assessing harm, notifying and reporting any resulting loss of personal information to any privacy authority or impacted person or entity.
4.5. Limitation of Liability for Consequential Losses:
Speedelivery shall not be liable for any special, incidental or consequential damages (collectively, the "Consequential Damages") including, but not limited to, loss of profit incurred by the Shipper or any other person or company as the result of Speedelivery’s (or its agents) acts or omissions, including gross negligence or negligence causing damages, failure to deliver, mis-delivery, loss or theft of shipment, or late or delayed shipment. The Consignor accepts any and all liability (i.e. damages, loss of income etc) that may be claimed by the consignee (receiver of package) and releases Speedelivery from any and all such claims. It is agreed that Speedelivery shall not liable for any loss or damages to the consignee. In any such event, Speedelivery liability shall be limited to these Terms of Condition (see “Maximum Liability).
5.0. Right of Inspection:
Speedelivery reserves the right to open and inspect any Shipment tendered to it for transportation, but is not obligated to do so.
Refer to Speedelivery’s website for service rates or call Speedelivry for details. Rates are subject to change at any time without notice.
7.0. Refusal of Shipments:
Speedelivery reserves the right to refuse any Package that by reason of the dangerous nature or any other character of it’s contents is liable, in judgment of Speedelivery, to soil, taint, or otherwise damage other merchandise or equipment, or that is economically or operationally impracticable to transport, or that is improperly packaged, wrapped, or labeled.
8.0. Proper Packaging & Labeling:
Packaging: Speedelivery and its affiliates may operate using a high-speed, high-volume, highly automated distribution system. Consignors must package their packages in a manner that properly protects the contents during transportation. Packages tendered to Speedelviery must be packed or wrapped as to ensure that the contents are safe and secure. Speedelivery will not be liable for delay, damage to or loss of goods caused or contributed to by defects or inadequacy of the packaging used by the Shipper, or for damage to or loss of the packaging used by the Shipper.
Speedelivery reserves the right to reweigh packages, notwithstanding that a weight has been declared on the order document. The reweighed weight determined by Speedelivery may be applied for the assessment of rates, and the Shipper agrees to pay same.
10.0. Redirect Charge (Address Correction Charge):
It is the consigner’s responsibility to ensure that the recipient name and destination address is accurate. If Speedelivery is unable to deliver any shipment because of incomplete or incorrect address or information; Speedelivery will make reasonable efforts in locating the correct address. If the correct address is located, the consignor will be notified of the correction on their delivery service bill. An additional fee, of $5 may be payable.
11.0. Rural Route/P.O. Box Charge:
Speedelivery cannot deliver to either a Rural Route or P.O. Box Number. All shipments require a person or company name, street address including apartment/suite/unit numbers and the Consignee’s telephone number. Should the consignor address the shipment to either a Rural Route or P.O. Box number additional charges will be assessed, and there may be delays in the delivery.
12.0. Re-Attempted Delivery Charge:
If for some reason, Speedelivery is unable to deliver a shipment, the consignor will be notified of the circumstances surrounding the failed attempt, and will request further instructions. If the consignor requests Speedelivery re-attempt the delivery an additional charge may apply. If the consignor has consented in the original request for service to multiple efforts by Speedelivery to deliver a package after initial unsuccess, then Speedelivery does not have to seek further instructions to re-delivery the package. An additional charge of $20 shall apply for next day delivery. If unsuccessful then the package shall be sent to the consignor address at an additional $20 fee to the consignor.
13.0. Vehicle Charge:
A "Waiting Time Charge" of upto $10.00 may be applied when an Speedelivery driver has to wait for more than 5 minutes either a pick up or delivery of a package. Speedelivery drivers will not wait longer than 5 minutes and any wait time that exceeds 5 minutes automatically forfeits the delivery and will not be refunded.
14.0. Large Package Surcharge:
A Package above the maximum weight or size( Large Package) may be subject to an additional charge at the discretion of Speedelivery.
15.0. Return of Undeliverable packages
Packages which are refused by the Consignee (recipient) or which for any other reason cannot be delivered, will be promptly returned to the Consignor with an additional charge being billed to and paid for by the Consignor. If the returned Package is refused by the Consignee, or the Package cannot otherwise be returned to the Consignor, Speedelivery will retain the Package for a period of time determined at its sole discretion, but no more than (2) days, and Speedelivery reserves the right to dispose of the Package thereafter.
Speedelivery shall invoice the customer (payer) at the time of their request for services.
17.0 Proof of Delivery (P.O.D.):
Delivery can be verified by calling Speedelivery or referring to the on-line tracking system or by email, https://speedeliveryguys.com/track-form/
. The consignor (payer) may print or secure these documents for their record. An additional fee may be payable if the consignor does not secure or obtain the information whilst it is available on the online tracking system or by email.
18.0. Same day Guarantee:
In the event Speedelivery fails to complete delivery or attempt delivery, within the same day or as agreed with the consignor commitment, Speedelivery, at its option, will reduce the charges to the next appropriate service level by credit for each such shipment, to the Consignor.
18.1 Limits & Restrictions on same day delivery:
The same day delivery guarantee does not apply to shipments which are delayed due to causes beyond Speedelivery’s control including, but not limited to the following; the unavailability or refusal of a person to accept delivery of the Shipment, delays caused by the Consignee, acts of God, the Queen’s or public enemies, public authorities acting with actual or apparent authority on the premise, acts or omissions of customs or similar authorities, riots, circumstances arising before, during, or after a strike or other labour disputes, civil commotions, disruptions in the air or ground transportation network(such as weather phenomena), authority of law, defect or inherent vice in the goods shipped, and nuclear reaction, radiation or radio active contamination and natural disasters.
19.0. Procedures for Claims:
A claim may be filed by the customer when Speedelivery does not meet its same day delivery commitment, or for loss of or damage to a Shipment. Tracing or tracking a missing Package does not mean that a claim has been filed. Claims must be submitted to Speedelivery by telephone at 1 -844- RUSH-416 or in writing to: email@example.com. Claims must be lodged within the following time periods: Loss or Damage Claims Verbal notification within 24 hours and written notification within 24 hours, Claims of Concealed Damage Verbal notification within 24 hours of delivery, Service Guarantee Claims Verbal notification within 24 hours written notification within 24 hours. All claims are subject to the Maximum liability as established in these Terms and Conditions. A failure to make a claim within these timelines releases Speedelivery and its agents or associates from all and any future claims.
All applicable Federal and Provincial taxes required by law will be charged on all freight costs and surcharges. The customer agrees to pay Speedelivery any and all taxes assessed to their account.
21.0. Payment for Service:
Speedelivery’s credit terms require payment of all charges upon request of such services by the Consignor.
22.0. Declined Payments/NSF Fees:
Speedelivery reserves the right to apply an Administration Charge should a Customer default on paying for services due to declined credit card, insufficient funds to cover Pre Authorized Payment Plan and or payment by cheque.
23.0. Future Changes:
Rates, charges terms and conditions and services are subject to change without notice. The most current rates, charges, terms and conditions and services may be obtained online at http://www.speedeliveryguys.com
or by calling 1844-RUSH416
24.0. Other Service:
Some packages may be transported by and/or handled by Speedelivery’s independent contractor. Packages handled by independent contractors destined to remote delivery areas may be delivered to a centralized delivery location and require the Consignee to pick up the Shipment.
25.0. Packages Which Have Been Refused or Are Unidentifiable:
If for any reason a Package or Shipment in the possession or control of Speedelivery cannot be either delivered to the Consignee or returned to the Shipper, including without limitation because the Package or Shipment has been refused or abandoned by the Consignee and or the Shipper or because the Shipper and or Consignee cannot be ascertained for any reason, Speedelivery will retain the Package or Shipment for a maximum period of 2 days or such longer period of time as in its sole discretion it determines ("Holding Period"). At the expiration of the Holding Period (2days), Speedelivery is deemed to have fulfilled all obligations that it may as common carrier; the Shipper and Consignee will be deemed to have relinquished any and all proprietary rights in Packages and Shipments and or their contents which remain unidentified and or undeliverable ("Unclaimed Goods"); and to the fullest extent permitted by law, full and clear title to the Unclaimed Goods will pass to Speedelivery. Following the Holding Period, Speedelivery may dispose of the Unclaimed Goods in any manner it elects, including without limitation by sale or consignment to a third party and the sole recourse of the Shipper and or Consignee shall be in accordance with this section.
26.0. All figures in Canadian dollars:
All dollar figures referred to in these Terms and Conditions are in Canadian dollars.
By using our services you are agreeing to our terms and conditions.