Service Agreement Terms and Conditions Updated April 19, 2023
1.WHO IS PART OF THIS CONTRACT
This contract is between Allegro Freight Services Inc. (“Allegro”), and í) every person who requests Allegro to find a carrier; ii) every consignor and consignee named on the transport contract of the carrier which Allegro has found; and iii) every person who owns Goods transported by a carrier which Allegro has found (the “Goods”). Each person listed in í to iii is the ‘Shipper’. The person who requests Allegro to find a carrier or provide other services contracts with Allegro as agent and trustee for every other person described as the Shipper.
2.SCOPE OF SERVICES
A. STANDARD FREIGHT FORWARDING SERVICE Allegro agrees to use reasonable care to find a carrier to transport Goods from the place to be received for transport by the carrier to the place of delivery by the carrier, communicate information given by the Shipper about these places and the Goods to the carrier, and notify the person requesting transport when the Goods are delivered. Allegro reserves the right to use service providers of its choice. Allegro may choose any carrier or service provider whose contract terms are reasonable for the trade and transport mode. Allegro does not guarantee to the carrier the completeness and accuracy of information given by the Shipper to Allegro. The Shipper understands Allegro includes a margin for its services above the carrier’s or service providers’ charges. The Shipper agrees to pay freight and charges. All charges must be paid upon receipt of invoice. Payment may be made by wire, email transfer, EFT, Pay Cargo, or credit card (card subject to a 3.5% service charge).
B. EXTRA CUSTOMER SERVICES
If requested by the Shipper, for quoted or additional charges:
i) to package the Goods or to prepare the Goods for transport;
ii) to consolidate the Goods with other cargo;
iii) to arrange cargo insurance for the Goods;
iv) to arrange customs brokerage services for the Goods; or
v) to request the carrier deliver the Goods to an alternate destination.
If the carrier originally found for the Shipper does not provide temporary storage or transport to a re-routing destination, Allegro agrees to use reasonable care as agent for the Shipper to find a storage contractor or on-carrier. If a storage contractor or an on-carrier cannot be found within a reasonable time, the Shipper agrees to take delivery of the Goods at a warehouse within the carrier’s service range or to take delivery on return of the Goods to the place received for transport. The Shipper agrees to pay Allegro service fees for Goods re-routing and to pay all additional handling, storage and re-routing expenses.
C. CARGO CLAIMS AND SALVAGE
Allegro will tell the person requesting transport of any information received from the carrier about loss or damage to the Goods. If requested, for additional charges, Allegro agrees as agent for the Shipper;
i) to give initial notice of claim to the carrier; and
ii) to hire a cargo surveyor.
The Shipper is responsible to give instructions on disposal or further handling and transport of the Goods, to report to any insurer and to manage any cargo claim. The Shipper agrees to pay Allegro service fees and all survey expenses and charges. The Shipper agrees to assume responsibility for salvaged Goods or to request on carriage to the originally requested place of delivery or to a re-routing destination. The Shipper agrees to pay applicable General Average contribution and carriers’ additional charges and, if applicable to the Shipper, carriers’, public authorities’ and property owners’ costs of firefighting, accident site clearing, incident management, salvage, environmental prevention, cleanup and remediation, and any other charges required by contract or by law.
D. GENERAL CONDITIONS
All shipments are subject to the following conditions:
A. Quotations are subject to change without notice due to factors beyond Allegro’s control, including without limitation fuel and security surcharges, peak season adjustments, currency exchange and changes in the market prices and conditions at time of departure.
B. Door-to-door rates are based on loading/unloading at dock level, unless otherwise specified. Tailgating expense quotations are available upon request.
C. All claims notifications must be received in writing within 7 days of cargo receipt.
D. Quoted rates exclude the following, unless otherwise specified:
i) Any applicable airport charges or terminal charges (if the Shipper is receiving door delivery, the terminal charge only is included with the fees payable);
ii) Loading at origin and destination unloading charges; and
iii) Customs and clearance charges (i.e. duties, handling inspection and taxes), storage, and special equipment.
3. AIR CARGO TERMS AND CONDITIONS
Air cargo rates are quoted airport to airport, unless otherwise specified. Transit times are based on carrier estimates, airport to airport, subject to change and not guaranteed by Allegro. Airfreight rates are subject to airline acceptance, available space, and available flight schedules. All hazardous cargo is subject to final approval with the final hazardous declaration. Airfreight rates are based on a weight/volume ratio of 1 KG = 6,000 cc or cm2, whichever is greater. Screening fees may be applicable if the Shipper is not registered as a participant with Transport Canada. Quoted rates are not applicable to high value Goods, live animals, personal effects, perishables, human remains and hazardous and noxious substances. The Shipper agrees to pay courier or trucking fees for pre-carriage and on-carriage between airport and Shipper’s premises. All quotes up to airport at designation exclude airport charges. Quoted rates are based on loose packages, Packages will be palletized or consolidated in unit load devices once received. Goods will then be re-weighed and re-measured and if the cubic weight changes, Allegro will adjust the freight accordingly.
4.TRUCKING TERMS AND CONDITIONS
Allegro’s quotation is made in accordance with existing tariffs and can be changed with or without notice and must be confirmed before booking. Trucking rates are subject to fluctuating fuel surcharge. Transit times are based on carrier estimates, subject to change and not guaranteed by Allegro. All hazardous cargo is subject to final approval based upon the final hazardous goods declaration. The trucking rate is based on Dock to Dock, unless otherwise specified. Less than Truckload consignment rates have a 30 minute loading/unloading period included, thereafter wait charges may apply as per trucker’s tariff. Full truckload consignment rates include a 1 hour loading/unloading period, thereafter wait charges may apply as per trucker’s tariff. Trucking rates are subject to additional lumper fees, if applicable. Trucking rates are subject to space and equipment availability. Trucking rates are based on weight and dimension provided on the waybill. Should actual dimensions or weight as loaded change, the rate will be recalculated. GST or HST is payable on all Canadian Origin/Designation shipments. The trucking rate is subject to customs clearance and inspection, duties, taxes and any other surcharges, if applicable.
5. LESS THAN FULL CONTAINER LOAD (“LCL”) TERMS AND CONDITIONS
Ocean freight LCL rates are quoted terminal to terminal, unless otherwise specified. Transit times are based on carrier estimates, terminal to terminal, subject to change and not guaranteed by Allegro. Ocean transport services arranged by Allegro are based on carriers’ liner sailing schedules with a carrier of Allegro’s choice. All hazardous cargo is subject to final approval with the final hazardous declaration. LCL rate is based on a weight/measure, whichever is greater. Quoted rates are based on loose packages. Packages will be palletized or consolidated in unit load devices once received. Goods will then be re-weighed and re-measured and if the cubic weight changes, Allegro will adjust the freight accordingly.
6. FULL CONTAINER LOAD (“FCL”) TERMS AND CONDITIONS
A. FCL rates are based on USD, unless otherwise stated. The quotation is made in accordance with currency exchange rates, subject to change without notice. Transit times are based on carrier estimates, terminal to terminal, subject to change and not guaranteed by Allegro. FCL rates exclude expenses associated with customs clearance (i.e. duties, inspection and taxes) and customs handling and inspection fees. For Bunker fuel (BAF)/Fuel Surcharge (FSC), the current monthly fuel rate is included; however, these fuel charges are subject to revision as per carrier’s tariffs. The FCL rate is subject to peak season surcharge (PSS), general rate increase (GRI), and currency surcharges with or without notice.
B. All bookings are subject to space and equipment availability by the carriers. FCL rates are subject to all limitations listed on the tariff of the contracted carriers and in accordance with existing services. FCL rates stated on a per container basis apply only as follows:
i) From one shipper and from one origin to one destination;
ii) Effective date shall be deemed from date cargo delivered at container yard at origin (gated into terminal);
iii) Unless otherwise specified, applicable per container rates are restricted to dry containers (STD or HC);
iv) Rates do not apply to over dimensional cargo, heavy lifts, perishable or hazardous cargo, unless otherwise specified.
Permitted loaded container weight is to be in accordance with the carrier’s policy and road weight limitations that may apply. Transit times to destinations are indicative only and are subject to carrier discretion and port conditions at arrival ports.
C. Detention, demurrage and storage are not included in quotes. The Shipper is provided with 1 free hour for loading within urban municipality boundaries and 2 free hours for loading within rural municipality boundaries. Thereafter, waiting time charges apply based on trucker’s tariff. Allegro is liable to the ocean carrier for the clean and prompt return within free time of the container in good condition to the nominated depot. In consideration of Allegro’s agreement to make the container available to the Shipper, the Shipper agrees to indemnify Allegro in respect of any container demurrage and storage charges accrued after expiry of free time.
D. The quotation is subject to additional VGM/SOLAS administration and weigh scale fees. For Goods carried by water, the Shipper is responsible for timely communication of and warrants the accuracy of the verified gross mass (VGM) of the package(s) and/or the transport unit and the identity of the duly authorized person so verifying. The Shipper shall maintain documentation evidencing measurement of VGM as required by law; Certification of the VGM is an exporter/shipper responsibility. Additional fees of the carrier for VGM certification not made by Shipper is payable by the Shipper.
7. SHIPPER’S RESPONSIBILITIES
Unless Allegro or the Carrier has accepted instructions to arrange for or to perform the loading by its employees or contractors of a transport unit, the Shipper warrants that:
a) All Goods have been properly and sufficiently prepared, packed, stuffed, stowed, labelled and/or marked, and that the preparation, packaging, stuffing, stowage, labelling or making are appropriate to any operations or transactions affecting the Goods and the characteristics of the Goods;
b) The transport unit has been properly and competently loaded or stuffed and appropriate packaging, dunnage, bracing has been used;
c) The Goods are suitable for carriage in or on the transport unit;
d) The transport unit is in a suitable condition to carry the Goods loaded therein.
The Shipper agrees:
to give complete and accurate addresses and access information for the places the Goods are to be received for transport and are to be delivered;
to accurately describe the Goods;
to accurately state the dimensions and weight of the Goods.
to have the Goods ready for transport at Allegro’s specified time and location;
to properly prepare, package, label and load the Goods for transport, and prechill for temperature controlled Goods;
to warn Allegro and the carrier of special handling instructions or any hidden/unusual features of the Goods relevant to transport, such as off centre points of balance;
to provide the carrier and public authorities all required information, documents and labelling relating to transportation of dangerous Goods;
to provide the carrier and public authorities all necessary documents necessary for international carriage of Goods, including customs declarations and phytosanitary and health certificates;
to use clean packaging material free of infestation. All wood packing, dunnage and bracing must comply with international ISPM-15/heat treatment requirements.
not to provide for transport any illegal, contraband or prohibited Goods, substances, plants, animals or persons;
to take delivery of the Goods and unload the Goods at the requested place of delivery.
The carrier may refuse to enter an unsafe place, may refuse to permit unsafe loading or unloading or the use of Shippers’ unsafe loading or unloading machinery or equipment, and may refuse to accept for transport Goods that are illegal, unsafe, or not properly marked, packaged or documented. Failure of Shipper to comply with these terms will result in refusal of Goods for transport or additional carrier charges and expenses payable by the Shipper.
The Shipper agrees to pay and indemnify Allegro for any loss, damage, expense, claim, interest or costs that Allegro may suffer, be liable for or be ordered to pay as a result of or arising from the failure, refusal or neglect of the Shipper, or of persons for whose negligent or wrongful acts the Shipper is at law responsible, to comply with the Shipper’s responsibilities under this contract.
INSURANCE
Insurance must be requested in writing at time of booking. Should the Shipper decline the purchase of insurance through Allegro, the Shipper will be responsible to obtain its own insurance. Allegro is not responsible for Shippers’ failure to obtain insurance coverage.
NOT A CONTRACT OF CARRIAGE
Allegro is not a consignor, consignee, is not a “merchant” under a contract of carriage and is not a carrier. Allegro acts only as agent for the Shipper for the services stated in this contract. Any contract of carriage is between only the Shipper and the carrier, carriers, or service provider under their contract with the Shipper and not with Allegro. Allegro does not guarantee performance of any contract by any carrier, cargo insurer, customs broker, surveyor, or extra services subcontractor. The contract of carriage between the Shipper and carrier or other service provider is governed by the terms of the applicable contract, the carrier’s tariff, waybill or bill of lading, or if no tariff is published or waybill or bill of lading is issued, by any law which is applicable to the mode or stage of transport.
Any legal proceeding against Allegro must be brought within 9 months of the time the Goods were received for transport. Allegro is not responsible for any indirect or consequential damages, including delay, loss of profit or loss of enjoyment. In any case, Allegro’s liability for claims relating to or arising from any one service is limited to the amount of fees and expenses charged for that service.
APPLICABLE LAW AND JURISDICTION
This contract is governed by the law of Ontario and applicable law of Canada. Any claim by the Shipper against Allegro must be brought in the courts of Ontario and in no other court. For enforcement of Allegro’s rights under this contract, the Shipper by this contract attorns to the Federal Court (Canada), the courts of Ontario and any court where the Goods are located or in whose jurisdiction the Shipper is resident or carries on business.