RTL – Reliable Transportation Link
Legal Terms and Conditions (T&C) and Operations Engagement Disclaimer
RTL Delivering Daily Intermodal and Ocean Containers throughout Canada in:
Calgary, Edmonton, Halifax, Montreal, Regina, Saskatoon, Toronto, Vancouver, Winnipeg, Newfoundland, New Brunswick,
Canada & US
Dear Client – Thank you for the New Delivery Order!
The following information, comes to protect you as our client, from the existing drayage industry limitations and various restrictions, which were imposed by the Ports, Terminals and the Steam Ship Lines, especially, but not limited to Congestion times, in the Drayage Industry! We/RTL, are bringing to your attention, the current requirements, within the Canadian Drayage industry, in order, to provide you, with a Flawless Service, while you do, know the facts!
Client’s Declaration of RTL’s T&C full acceptance – By Sending a New Order to RTL, you the client, fully agree with the provided below information, the earlier provided to you pricing, with your full acceptance of RTL Legal Terms and Conditions. You, means the client, who is dispatching RTL, to deliver his/her/its Cargo/Containers.
Engagement Disclaimer – RTL Legal (T&C) Terms and Conditions – Please press the link below again, if additional evaluation is required and kindly make sure everything is well read, completely understood, by your operations/management/dispatch team, before the delivery is carried out by RTL, as the chosen carrier of your cargo/container, dispatched by your company. https://goreliable.ca/terms-and-conditions/
PLS Note: We urge you to respond to RTL with your acceptance, of our (Legal T&C) and our Disclaimer, but if not, it is agreed by the client and RTL, that we are to proceed, processing your new order and further deliver your cargo to its destination, as per your instructions. A link to our T&C is being sent, to you our client, every time you are sending a New Delivery Order to RTL to NewOrder@GoReliable.ca – where everything is clearly presented to you and you have always, the opportunity to Stop the Order or ask the required, specific questions and get all of the clarifications, that you may need!
RTL’s Contact information:
For immediate assistance pls call our main office number 1 905 660 7766
Toll Free (TF) –> 1 877 GO RTL 11
After 6PM please call our after-hours telephone number 1 647 468 7766
When you encounter a Problem, do let us know -> Problem@GoReliable.ca
For Customer Service needs -> cs@GoReliable.ca
When you are Sending a NEW DELIVERY ORDER to RTL – do ALWAYS send it ONLY to one single e-mail NewOrder@goreliable.ca
For Operations e-mail Dispatch@GoReliable.ca and Always Remove from all other communication chains, our New Order e-mail!
Regular Business Hours: For sending New Orders – 8AM to 6PM Monday to Friday. Orders received after 3PM, will be processed the next business day.
Every New Delivery Order sent to RTL – must include
points 1 to 10, the Arrival Notice (AN) or the Bill of Lading (BOL) copy.
The required info, exists on the BL / AN and thus we can process it, in a TIMELY MANNER and without delays!
Based on (above item 6), we track and trace. After the container is grounded, we deliver, according to the appointment time, received from the client. PLS note that we cannot see your containers, if the provided name of the terminal/port is incorrect!
When the Client – cannot accept the container, upon its arrival and availability, at the Ports/Terminals/Rail – we would have to PrePull and Store Client’s containers – until the client is able to accept his cargo. (Extra Cost applies for extra services to be provided, in addition to the regular delivery cost). Additional charges apply, for additional services, when provided by RTL and /or RTL affiliates, for your cargo needs, such as Grounding / Crane services, secured yard storage, container yard storage, as a result of the PrePulls or no empty RTN location, which was not provided by the SSL and its redelivery back to SSL depot, etc. only upon availability. All of the delivery dates are available in our system for your perusal to include the necessary documentation.
9. For Border Crossing we need and require the Packing Slip, Commercial Invoice, Copy of the OBL / AN with the Bond information / E-Manifest.
10. Border Customs Broker information: Company Name, contact name, E-mail, proper Phone numbers and pls provide all of the documents in advance!
*** The above points (1 to 10) are provided by the client to RTL and are considered by RTL dispatch, to be Valid and Correct and it is Client’s direct Responsibility, to make sure they are, as we trust your professionalism, your decision making and the provided information, while your cooperation is always required and at the same time is much appreciated. Your correct documents validation is a must.
Client’s Legal Declaration for Cargo Shipment:
The statements provided below serve as the client’s legal declaration and affirmation regarding the legality and origin of the cargo being transported by Reliable Transportation Link (RTL). This declaration is a critical aspect of RTL’s legal compliance, ensuring transparency in business transactions and establishing the client’s full legal responsibility concerning the cargo’s legality.
As a bonded carrier, RTL operates under clear obligations to comply with Canadian Law. While RTL is a national service provider, complete investigations into clients’ endeavors might be impractical due to privacy considerations. However, all clients are strongly encouraged to ensure their full compliance with the law.
The sender/shipper/client/agent explicitly acknowledges and guarantees that all products and goods consigned for shipment through RTL’s services are legally owned, acquired through lawful means, and do not involve any illegal activities, including theft. Furthermore, the sender / client affirms possessing his lawful authority and ownership rights for the cargo in order to dispatch and transport these items through RTL.
RTL shall not be held liable for any legal consequences, damages, or losses arising from the sender’s misrepresentation or illegal shipment of goods. In the event of suspicion or discovery of unlawfully obtained items, RTL reserves the right to fully cooperate with law enforcement authorities and take necessary actions in strict compliance with the law.
The Client hereby declares and asserts that all cargo, goods, or products tendered for transportation through RTL, adhere to all relevant local, national, provincial and international laws and regulations. The client explicitly confirms that the cargo does not contain any illegal, prohibited, or restricted items and adheres to customs, trade, and transportation laws of all relevant jurisdictions involved in the transaction.
The Client further affirms that all necessary inspections, proper documentation checks, and collaboration with pertinent legal entities and authorities have been conducted and completed, yielding satisfactory results.
The Client understands that any misrepresentation or breach of this declaration may result in legal consequences, including but not limited to contract termination, financial penalties, and legal action. The client acknowledges that non-reply or failure to cancel the previously submitted New Order to RTL implies the assumption of full legal responsibility, especially after our encouraging you to thoroughly read our T&C.
RTL operates within an industry that necessitates comprehensive due diligence and utmost transparency from clients to ensure continuous compliance.
Client and RTL – Covenants:
No Response from RTL for the sent New Order – If RTL did not reply to you, with an acknowledgement of received New Order, within reasonable time -> IT MEANS – that we have never received your Order! PLS Call us immediately, resend your New Order and we are gladly going to proceed. This could happen, due to the Internet or other IT technical reasons. We WILL NOT assume any responsibility, on order complications – if we did not accept/process/dispatch/respond to it – as we have no record of the same Order!
Client’s Notifications must be e-mailed for Record Keeping – Dropped Imports/Exports – (1) hour before the container is Empty/Loaded, Client MUST send a notification to EmptyReady@GoReliable.ca or to LoadedReady@GoReliable.ca – about the container status and further advise.
When – the Depot/Rail/PORT/Terminal has ingated/received/accepted, from RTL, the empty or the loaded container, as a WRONG SSL (steam ship line) WRONGLY NAMED or wrongly entered, by the ingating clerk, into CN/CP/PORT computer system, RTL – IS NOT, WILL NOT be responsible for the Port/Rail or Empty Depot or Terminal mistake! The terminals must be aware of the specific container number, when they accept it, while being able to connect it with container’s legal owner (SSL), booking number /contract number/empty return number – without which, they should not be accepting the container, in their Depot/Location. RTL will not be held responsible, for any additional charges. It is clearly stated, as possible to dispute, only within first 7 (seven) days, on RTL invoice. RTL invoice was, provided to the client inclusive of the PODies and the Interchanges/EIRs. These documents are provided by RTL, for client’s convenience, for his further reporting and his analytical needs and for RTL transparency.
Importance of Timely Empty / Loaded containers Pick-Up Notifications – Notifications must be sent in, during usual business hours – not after hours and not during weekend! There is no one in the office after hours! We prepare, next day dispatch, according to the information provided by the clients and based on it, during usual business hours! Weekend Operations are happening and based on the weekdays data, provided by the clients! It is mandatory to advise RTL about your weekend needs, before 3PM on Friday! Zone 2 IMP/EX Pick-up Notifications, must be received by 12:00 noon EST, for same day termination! Any Detention, Demurrage and/or other fees incurred, due to our inability, to return the containers on time, prior to Depot Closing (however caused), including No Ports / CN RV (reservation/appointment) availability, ERD – Early Return Date, bad Weather/Traffic Conditions, will be for the customer’s account as RTL, is NOT directly or indirectly responsible for the listed above reasons. RTL provides only the delivery service.
The above, is mentioned, for day to day operations and it is especially valid, during industry congestion times, which can happen a few times per year and not limited to a single event.
Waiting Time (WT) for Greater Metropolitan Area – Zone 1&2 – One (1) FREE hour for Live Service, loading/unloading containers. WT – waiting time at the client’s location, during a Highway Delivery will be at (2) Two FREE hours to load/unload. The regular waiting time at the Terminals for the pick up of the container is 1 free hour, same for the delivery back to the terminal 1 free hour. The usual agreed waiting time charges apply thereafter.
Containers Drop – free for zone 1. Zone 2 dropped container will be at extra half a delivery cost for the drop. A drop on a highway will be charged as additional P&D as the driver has to go back to the city the first time and after when the container is ready for pick up full or empty, the driver has to arrive to the client facility and go back to the city to the proper terminal, which constitutes 2 full moves.
Delivery appointment times during congestion period – Please note, we are not able to predict the exact delivery time to client’s location! It is not possible, as our drivers are waiting/sitting at the Terminals from the early AM and sometimes, still waiting at the pick up / delivery terminal on the appointment time, the driver is still waiting for the pick up or the drop at the terminal. Hence, the delivery takes place only as soon as we possibly can, during the regular business operation hours of the client, without the specific time, only by an OPEN APPOINTMENT for the day. The appointment time is safe and secured when the service at the terminals is fast and adequate and efficient or if the container was prepulled to our Secured Container Yard (CY) for the next day delivery.
Dock Protection at Client’s location – Every DOCK must be protected, with safety Vertical Foam (both sides of the dock) and safety Horizontal Rubber to stop the container/trailer from hitting the dock or structure/building. If those are missing from the dock and our driver is instructed to use the same dock –> RTL, is not responsible for the possible damages, as the driver cannot see at the back of the Container/Trailer, (as he is 53 feet in front of the dock) while positioning your Load, in an unprotected dock space, of the client’s facility, which may be unintentionally affected by the driver. Again, Every DOCK must be Protected and Safe, vertically and horizontally, for the Container Arrival/impact.
Winter Time – We need to ensure that together, we do everything we can, to keep Our People/Drivers/Communities, and the goods we transport – safe! Safety is a core value, rooted in collaboration, commitment and vigilance. We MUST reduce, all of the risks, as a team. We have to minimize, the wasted time, at the client’s facility, as a result of unclean, unsalted yard, dock area, as it is direct client’s responsibility to insure timely clean up. SNOW, ICE, slippery environment, are a serious obstacle/danger, causing delays and possible SAFETY ISSUES, for the driver and his truck, possibly building, truck damage, injuries or endangering life. RTL is not responsible, for the possible dock damages, if occurs as a result. It is the client’s RESPONSIBILITY, to clean the snow, ice accumulation, on the ground and from the top of the container, to avoid safety/POLICE issues, on the highway, while we transport your container back to Terminal. The client is responsible for any additional Storage and Redelivery charges, SSL DETENTION CHARGES, DUE TO DELAYS, caused by the client’s inability to properly/timely manage the above building and Winter issues, not RTL. Same can also happen during congestion periods.
Cargo Insurance Coverage pls Note – RTL Cargo coverage is $2.00/kg as per our terms and conditions, published on our web site (Pls read our insurance advisory page), clearly stated at the back of the Bill of Lading, that our drivers provide to the consignees or the shippers to sign. Should you/or the client, require additional insurance coverage for your shipments, for your cargo, please be sure, to secure the required / complete coverage, from your own insurers, for your specific needs. It is also a fact and a strong point to mention, about the coverage, that RTL’s responsibility stops, with the delivery of the loaded Export container to the Terminal of departure, from the client directly and for the Import container, it starts from the terminal of arrival, directly to the consignee and has coverage only in case of an unfortunate event on the road, due to the event, only where RTL driver was involved. Anything else to be covered, from the additional Insurance acquired, by the client, for his cargo requirements well in advance, arranged with a thought in mind, to secure the intermodal and the ocean concerns for additional cargo insurance needs. https://goreliable.ca/cargo-insurance-advisory/
Claims and notifications – Dear client, please note any cargo issues, after delivery, must be brought to RTL’s attention immediately and maximum within 24 hours after the delivery took place, while providing immediately the pictures, from the delivery location, as a proof and evidence and letting our driver know before he leaves client’s facility.
Disputes – RTL invoices can be disputed maximum within 7 Calendar Days from the invoice date, as we are paying weekly all our service providers, drivers and we have no legal way to collect back the paid funds, after.
Payment to RTL, must be done, according to signed by the client Credit Application, at the time of onboarding. Interest charges will apply. Proper payment time has to be in 2 to 3 weeks from RTL invoice date.
Arrears – According to RTL credit application the client has signed, the client has to pay all of the invoices within 2 to 3 weeks from the invoice date, when the credit is approved. If not compounded 3% (three percent) monthly interest will apply on arrears. Client understands these are our /RTL terms of service and client agrees to all.
Bank Fees – New Client may be required to pay upfront with a wire or with a credit card. The banks are charging various fees and it is not a part of our original quote to you as a client. For wire Bank charges RTL will be invoicing $75 handling fees and for the handling fees for the Credit Card 5% handling fees.
Admin Charges – Storage / Demurrage Guarantees – Some times the client needs to guarantee various charges, either to the Steam Ship Line (demurrage) or to the Port/Rail (storage). When the credit, is approved for the client, RTL may elect to guarantee on client’s behalf and upfront the money. Admin Charges will be charged at maximum 5% or min $75 per transaction. If a Credit Card payment was done for the client – additional handling fees, to cover bank CC charges at 5% will be charged to client as well.
Billing – At the time of the invoice issuance, it may happen, that we do not have on hands, from the driver, all of the facts (such as terminal waiting time or grounding times). Driver’s paperwork sometimes is delayed. After analyzing driver’s paperwork, it may be discovered, that some facts of the container delivery history, may have been omitted, on our original invoice to you. Please be aware, that once services were provided for your needs, those, legally provided services, will be invoiced retroactively to you as our client. This can either be added and corrected on the original invoice or additional invoice will be generated, to reflect all of the transpired facts, for the specific container delivery history. The legal possible additional services are listed below, for you, kindly read!
Drayage Industry Restrictions / Limitations during Congestion periods and other – The existing current infrastructure of the ports / terminals, is the cause for the delays, as a result of their inability to process increased or current cargo volumes. Not enough yard space, not enough cranes at the terminals and not enough personnel, cause delays, at the PORTS / RAIL / Terminals. Bad weather, winter snow, that needs to be cleaned / removed off the containers, before the truck hits the road, the rain, high winds, storms, bad traffic, badly affect the speed of the service, in the Drayage Industry in Canada and in USA. During the times of increased cargo volumes, the Steam Ship Lines may have no extra space in the allocated Empty Depots and those depots are not able to accept Empty Containers as much as required by the SS Lines and that is slowing us down and negatively affects our yard space, storage and service capacity. This is causing dead runs and extra storage charges and congestion in trucker’s yards, which is also slowing down the delivery service through altered dates and times.
Congestion can be, not only at the ports and terminals, but at the trucker’s yards, which are also filled up with containers of different lines and clients, to the limits, throughout this dynamic situation, that is continuously changing and we all, have to adopt, tolerate and be resourceful, towards minimizing the impact of the economy created difficulties.
ELD – Driver’s LIMITED HOURS OF SERVICE are due to the (ELD – electronic logging device) which limits the legal hours of the drivers while being on duty driving and we have to continuously monitor and change the drivers, after the time limit was legally reached, in order to provide complete delivery service. Those are the possible reasons, which can negatively affect us and you, reasons known also as ELD delays, which are mandated by the government and the ministry of transportation and you as our loyal Client in the Drayage Industry should be aware and understand if it happens.
Additional Fees – may be incurred, for the extra services provided for the shipper or the consignee. (As it is not an RTL container – RTL Delivers it only, RTL did not cause the Terminals/Yards congestion or delays.) RTL will make sure to immediately notify!
Extra Fees apply for the extra services, provided for the client: Existing following examples – For Terminals excessive/abusive Waiting Times, the drivers are paid after 1 free hour. Crane Lift Charges if the container is grounded in RTL secured CY (container yard). Yard Storage or Storage on a chassis. PrePulls or Redelivery cost. Waiting Times at the client’s locations, for Import or Export empty or loaded containers. Chassis usage fees based on the daily use. Driver’s Shunting fees at client’s locations required. Insurance recovery charges, as we are delivering the cargo for the client and the cargo belongs to the client.
Please note: the following services are legally chargeable according to RTL T&C during normal operations and especially during congestion times:
Delivery Charges
Possible Accessorial charges – when occur
Accepting a work order from you as a client, means to RTL, that you / as our client, fully understand the current conditions in Canadian ports and the rail terminals environment, which can be congested and unable to provide the required fast service to load and unload containers to / for the carriers. RTL shall attempt to do the best, to pick up import container (s) before Last Free Day (LFD). However, we cannot guarantee success, as this can be very difficult time in the logistics market, especially during Congestion periods.
RTL would like to make it clear, that it will NOT be held liable, for any port storage or Steam Ship Line detention or demurrage charges, HOWEVER INCURRED! As we can be delayed by lack of proper service at the Ports / Rail Terminals and other Depots. If we are unable to get or find a return location for the empty containers, the additional cost to bring the container to our holding secured yard, will be charged back to the client, as well as the PMR (positioning movement rate) or the redelivery fees, working fees, which were mandated by the government and by the driver’s agreements. No driver can work for free, weather it is an owner operator or a company driver. At the same time, if our own container yards are full and congested, we unable to guarantee, timely delivery of your container back to SSL depot or to the consignee, even if the container, was prepulled earlier. If we do not have the space, where to put other containers and we need to move some of the cargo out, as well as to return more empty containers to the SS Lines depot, before we dig out, the required container/s. Digging out containers, is an additional cost, which we are always trying to avoid and make sure, the client appreciates our efforts.
Digging out Containers – The cost of digging out a specific container, needs to be addressed and covered. If the client accepts the first available container, out of many there will be NO extra charges, but for a specific one, there will be extra cost attached.
Communications Delays – The number of communications, telephone calls, emails, all kind of text messages, can be immense and not always, we are able to respond to all, immediately, hence your collaboration and thorough understanding are required and welcome and appreciated. We will get back to you as soon as we possibly can.
Disclaimer / Terms and Conditions for possible Congestion Situation in/for Canadian Ports, Rail and various Terminals: RTL is not responsible, for the following situations:
CONDITIONS – PART A
Conditions of Carriage:
CONDITIONS – PART B
Engagement Disclaimer – RTL Legal (T&C) Terms and Conditions – Please press the link below again, if additional evaluation is required and kindly make sure everything is well read, completely understood, by your operations/management/dispatch team, before the delivery is carried out by RTL, as the chosen carrier of your cargo/container, dispatched by your company. https://goreliable.ca/terms-and-conditions/
PLS Note: We urge you to respond to RTL with your acceptance, of our (Legal T&C) and our Disclaimer, but if not, it is agreed by the client and RTL, that we are to proceed, processing your new order and further deliver your cargo to its destination, as per your instructions. A link to our T&C is being sent, to you our client, every time you are sending a New Delivery Order to RTL to NewOrder@GoReliable.ca – where everything is clearly presented to you and you have always, the opportunity to Stop the Order or ask the required, specific questions and get all of the clarifications, that you may need!
Addendum / T&C Addendum
RTL is licensed Transportation Logistics Company by the government / MTO / agencies as required by law and, as a licensed service provider with over 25 years of experience, arranges for freight transportation, warehousing and distribution. The “SERVICE” referred to herein is RTL’s Freight Delivery Services, where we deliver or connect our clients and willing shippers with willing motor carriers for the movement of the required freight/cargo for customers needs.
The carrier is responsible for the actual transportation services provided. All transit times and routes are determined by the driver/owner operator/carrier and the Company is not responsible for the accuracy or completeness of that information. All transit times are estimates only and do not include the day of pickup. RTL makes no representations or warranties regarding pickups and deliveries and cannot guarantee pickup or delivery by any specific date or time, especially with regards to various port and Rail waiting times, also not limited to drivers legal hours of operation and the ELD regulations. Any and all applicable general rules and tariffs on shipments, established by the RTL/carrier used to transport the freight, may take precedence, as additional services may apply , if the service is not only the usual delivery charge, but above and beyond the agreed rate in advance, before cargo was booked via RTL, over these published T&C. The Tariffs are generally available through RTL liaison.
RTL reserves the right to alter T&C from time to time, based on additional unforeseen circumstances and acquired new knowledge. The most recent version of T&C is made available on the WEBSITE. These T&C apply to all shipments and supersede all agreements, representations, warranties, statements, promises, and understandings of the parties, written or oral, except as expressly stated herein. If a Customer enters into a separate contractual agreement with the RTL, only conflicting terms in that agreement will take precedence over these T&C. Your continued use of the Web Site following posting of any changes to these Terms of Use constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these T&C at the start of each transaction. If you do not agree to these revised Terms and Conditions, please do not hire us to tender your freight and deliver it to your consignee, but RTL is always here for you and always here to protect your needs! We may suspend or terminate its services, if RTL believes the client/you are in breach of these T&C. RTL reserves/has the right, in its sole discretion, to refuse any shipment at any time, if/when we suspect complications as a result of conflict of interests, which resulted through out analysis.
RTL’s sole responsibility is to provide the SERVICE, subject to these T&C. RTL’s sole liability for direct damages are limited to RTL’s negligent acts or omissions or RTL’s material breach of these T&C and are limited to no greater than a refund of the total freight charge payment related to the specific shipment in question. To the extent the foregoing may be disallowed by applicable law, RTL’s liability shall be limited to the fullest extent otherwise permitted by law. YOU EXPRESSLY UNDERSTAND AND AGREE THAT RTL SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, EXTRA-CONTRACTUAL, OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHICH MAY OR DOES RESULT FROM THE USE OF THE SERVICE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, STATEMENTS OR CONDUCT OF ANY THIRD PARTY OF THE WEBSITE, USE OF THIRD PARTY SITES, ANY MODIFICATION, PRICE CHANGE, SUSPENSION OR TERMINATION OF THE SERVICE, OR ANY OTHER MATTER RELATING TO THE SERVICE, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT ANY PARTY HAD BEEN ADVISED OF THE POSSIBILITY OR PROBABILITY OF SUCH DAMAGES, AND EVEN IF THE REMEDIES OTHERWISE AVAILABLE FAIL THEIR ESSENTIAL PURPOSE, INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR LOST PROFITS, BUSINESS INTERRUPTION, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES. THIS LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY OF THE AFOREMENTIONED DAMAGES.
To the maximum extent permitted by law, You hereby acknowledge and agree that consumer laws do not apply. If however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these T&C will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies You have, and RTL’s liability is limited as set out in RTL’s T&C or as permitted by applicable law. The Customer is responsible for and warrants their compliance with all applicable laws, rules, and regulations including but not limited to customs laws, hazardous materials laws, import and export laws, and governmental regulation of any Province, State and Country to, from, through or over which the shipment may be transported. If applicable, the Client/Shipper further warrants that it is registered and in compliance with the security plan and training requirements, and any amendments related thereto, related to hazardous materials, including but not limited to, 49 C.F.R. #172.700-704 and 49 C.F.R. #172.800-804. The Customer is obligated to inform RTL at the time of shipment tendering if any shipments contain hazardous materials. The Customer further warrants that it will immediately advise RTL if its registration and/or compliance with these regulations expires or are terminated. The Customer agrees to furnish such information and documentation as necessary to establish its compliance with such laws, rules, and regulations.
RTL will arrange delivery to special type of cargoes but the following must be discussed in advance. RTL does not accept and the Customer agrees not to tender any shipment containing forbidden or illegal certain classifications of hazardous materials (including but not limited Poisonous/Toxic/Radioactive, deeds, stock certificates, securities, or any similar items, financial and/or personal identification documentation in paper form or on hard drives and servers (including but not limited to business records and passports), money or currency of any denomination, precious metals (including but not limited to gold, silver or platinum), cigarettes, cigars and other tobacco products, fireworks, firearms and/or ammunition, artwork, antiques, artifacts, or one-of-a-kind items, live animals, fish, or insects, human and animal remains, etiological agents, blood or plasma, carbon black, activated carbon, and lamp black, cannabis/marijuana, hemp, cannabidiol, or any products containing these items, and/or vaping devices, accessories, and other not legal products or stolen products. RTL acknowledges and agrees that rail carriers provide transportation services subject to provisions, restrictions, and limitations in their rail circulars, and the rail circulars address, among other matters, standards for loading, blocking and bracing, prohibitions and restrictions on certain types of commodities, limitations of liability, procedures and limitations on cargo claims, and requirements for proper descriptions of commodities. RTL assumes no liability to the Customer or any other person for any loss or expense due to the failure of the Customer to comply with these provisions. The Customer agrees to indemnify, defend, and hold RTL harmless for any and all loss, liability, claim, damages, or suit arising from Customer’s noncompliance with the restrictions and/or requirements of this section.
The RTL/carrier liability and claims process for any cargo damage, loss, theft, or delay from any cause shall be determined under the Carmack Amendment, 49 U.S.C. 14706 and 49 C.F.R. §370.1 et seq. respectively – Cargo Claim Liability Terms. To the extent that any of the Cargo Claim Liability Terms are inconsistent with the Highway Traffic Act, R.S.O. 1990, c. H.8, as amended, and the regulations thereto or similar provincial or territorial legislation having jurisdiction, and/or the provisions of any bill of lading, the Cargo Claim Liability Terms shall prevail. Cargo claims can be denied and/or the amount paid can be less than the value of the shipment based on, but not limited to, the carrier’s Tariffs, commodity restrictions, released value provisions, limitations of liability, or applicable common law exceptions to liability. The Client/shipper/Agent agrees that RTL, as a broker only, is not liable for any damage, loss, theft, or delay, except as stated hereafter. To the extent RTL is found negligent for any cargo damage, loss, theft, or delay, RTL’s liability is limited to no greater than a refund of the total freight charge payment related to the specific shipment in question. To the extent the foregoing may be disallowed by applicable law, RTL’s liability shall be limited to the fullest extent otherwise permitted by law. RTL will not be responsible in any way for claims arising out of the Customer’s negligence, the carrier’s negligence, or the negligence of any third party. The Customer agrees to the provisions of this section on behalf of any third party with interest in the freight. RTL is always encouraging its customers to refer to our Cargo Insurance Advisory page published on our website – https://goreliable.ca/cargo-insurance-advisory/
Cargo liability on shipments varies by carrier, commodity, and the product being considered new or used, as determined by the carrier, and is generally limited to as per pound amount. The individual carrier’s Tariffs will apply when determining carrier liability. If the shipment contains freight with a predetermined exception value, as determined by the carrier, the maximum exception liability will override the otherwise standard liability coverage. The maximum amount that the Customer will receive from the carrier on a claim will be that which is recoverable under the respective transportation Tariffs. On shipments, RTL may offer a shipper’s interest insurance policy for purchase by the Customer. In no case will the carrier’s maximum cargo liability on a truckload shipment be greater than the value disclosed by the Customer or $100,000, whichever is less. It is the Customer’s obligation to provide the accurate value of each truckload shipment before tendering. In no case will the carrier’s maximum cargo liability on a parcel shipment be greater than $100 unless additional coverage is purchased at the time of booking. Cargo liability on rail shipments is subject to the provisions of the applicable rail circular. It is the Customer’s responsibility to have sufficient cargo insurance coverage in place to meet their shipment needs – https://goreliable.ca/cargo-insurance-advisory/
RTL may, but is not obligated to, assist the Customer in the claim filing process. A complete and detailed claim and all required supporting documentation must be submitted by the Customer in writing to the carrier or RTL no later than 48 hours / two days after delivery took place or expected delivery. Client must immediately report to RTL from the delivery time on problems or discrepancies found and provide pictures at/from the delivery time. Claims for damages that are not readily apparent or noted upon delivery or a concealed damage, must be submitted within three days, after delivery took place. The Customer is responsible to ensure freight is inspected upon delivery and damage is noted accordingly. Claims for concealed damage may not be honored by the carrier even if they are reported within three (3) days. RTL shall not be liable for any actions brought to enforce a claim, unless all claim procedures have been complied with and the action is brought within one week after the date the carrier first disallowed all or part of the claim. The filing of a claim does not relieve the responsible party for the payment of freight charges. Freight payment is necessary to process a claim. The Customer may not offset freight or other charges owed to RTL, against claims for any loss, damage, mis-delivery, or non-delivery. RTL has a lien on funds recovered through the processing of cargo claims and may withhold and offset amounts recovered through such claim processing and apply toward any open past due invoices on account. Any claim or litigation relating to these T&C, relating to any shipment scheduled or tendered through RTL’s WEBSITE OR SERVICE, or relating to any and all disputes between RTL and the Client, shipper and/or consignee shall be filed in the jurisdiction of the province/state or Federal Courts, Canada Ontario, permitted by law. Customer hereby irrevocably consents and submits themselves to the personal jurisdiction of said courts for all such purposes.
Client / Customer / Shipper / Consignee / You agree to defend, indemnify, and hold harmless, RTL Reliable Transportation Link, from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, losses, risks, costs, and expenses (including without limitation attorney fees and litigation expenses) relating to or arising from YOUR use of the SERVICE or any use under YOUR username and password whether or not authorized by You, Your fraud, violation of law, or willful misconduct, and any breach by You of these T&C, including, but not limited to, uploading, emailing, posting, publishing, transmitting or submitting any content, or any misrepresentation, breach of warranty or certification made by You.
NOTICE OF ACKNOWLEDGMENT AND ACCEPTANCE OF PLAUSABLE CHARGES:
By authorizing RTL to coordinate and deliver your cargo, on behalf of your company, the client expressly, acknowledges and accepts the responsibility, for any potential additional charges/fees, that might be incurred, due to industry limitations. These include, but is not limited to, costs associated with dead runs for pickup at rail/terminal, storage at rail/terminal, detention & demurrage, waiting time at rail/terminal, storage in local trucker’s yard, lift charges, chassis detention, and pre-pull charges. These expenses may arise from unexpected delays, that are outside of our direct influence or control. Your understanding and confirmation, will greatly assist us in providing you with the best possible service, while preventing potential misunderstandings in the future.
Thank You for your cooperation and your continuous support!
Respectfully – RTL Team.
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