Terms and Conditions
1) Statutory Obligations:
The carrier "Zap 92 Corp, hereby know as Zap Courier", agrees to transport the property described on the front of this bill of lading subject to the Public Commercial Vehicles Act (Ontario) and applicable law, except as hereinafter provided, and in accordance with the rules and regulations published in Zap's Tariff of Tolls in effect on the date hereof to which Shipper assents and as evidence thereof accepts this receipt.
2) Allocation of Risk of Loss to Shipper:
Zap Courier is not an insurer. The amount charged by Zap is for carriage only and is based on Shipper's acceptance of ALL THE RISKS arising from any delay, theft, loss of or damage to the goods or documents carried under this Bill of Lading. In particular, Shipper accepts the risk that Shipper will not be able in any circumstances ( including circumstances where Zap, it's employees or agents are negligent ) to impose on Zap or it's employees any losses that may arise from any delay, theft, loss of or damage to the goods or documents covered by this Bill of Lading.
3) Limited Acceptance of Risk of Loss by Zap Courier:
Subject to clause 4, if Shipper (i) notifies Zap in writing of the value of the goods or documents to be carried and requests Zap to accept part of the risk delay, theft, loss or damage, and (ii ) before any Bill of Lading is signed, obtains Zap's written consent to accept such liability, and ( iii ) Shipper pays the appropriate charges for such shipment ( including applicable insurance premiums, if any ), Zap Courier will bear the specified risks.)
4) Limitation of Liability:
Zap Courier must be told of any loss damage or claim within 24 hours and must receive written notice of the loss, damage or claim within thirty days of it's discovery. In any event ( and notwithstanding the assumption of the risk of loss by Zap under clause 3 ), Zap will not be liable for losses of revenue or profits, losses arising from where goods or documents are, for any reason, unavailable for use, delayed, damaged, destroyed, lost or stolen, damages to which Shipper may be exposed to claims for compensation for economic loss from it's employees, customers, clients, or other parties in contractual or economic relations with the Shipper, or any special consequential or other indirect damages or any costs or expenses incurred with respect to any such losses or claims.
5) Declared Value of Shipments:
Except where Shipper declares value and Zap Courier accepts liability under clause 3, Shipper and Zap agree that the declared value of the goods or documents to be carried shall be the lesser of $1.50 per pound and $50.00, and Zap will reimburse Shipper for the lesser of $1.50 per pound and $50.00 in the event of any loss, damage or theft.
6) Signature of either Shipper or Consignee on the face of this Bill of Lading accepts responsibility for payment of all charges due regarding same. Signature of either Shipper or Consignee agrees to be accountable for payment by their individual company, respectively, regardless of origin. By virtue of Section 7 of the Mercantile Law Amendment Act of Ontario. RSO 1980, c.265.
DISCLAIMER OF WARRANTIES
Zap 92 corporation makes no representations about the results to be obtained from using the website, systems, the services, the information or the content. the use of same is at your own risk.
The website, the systems, the information, the services and the content are provided on an "as is" basis. zap, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for a particular purpose. Ups and its affiliates, licensors and suppliers make no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided on or through the use of the website or the ups systems. No information obtained by you from the website shall create any warranty not expressly stated by zap in these terms of use.
Some jurisdictions do not allow limitations on implied warranty, so the limitations and exclusions in this section may not apply to you. Ff you are dealing as a consumer, your statutory rights that cannot be waived, if any, are not affected by these provisions. You agree and acknowledge that the limitations and exclusions of liability and warranty provided in these terms of use are fair and reasonable.
LIMITATION OF LIABILITY
To the extent permitted by applicable law and to the extent that zap 92 corporation courier is otherwise found responsible for any damages, zap is responsible for actual damages only. To the extent permitted by law, in no event shall zap, its affiliates, its licensors, its suppliers or any third parties mentioned at the website be liable for any incidental, indirect, exemplary, punitive and consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website, the zap systems, information, services or the content whether based on warranty, contract, tort, delict, or any other legal theory, and whether or not zap is advised of the possibility of such damages. To the extent permitted by law, the remedies stated for you in these terms of use are exclusive and are limited to those expressly provided for in these terms of use. ...