Terms of Service
The Terms of Service governing Beavery express service are based on the terms and conditions of Beavery Technologies Inc. (www.beavery.ca/terms-and-conditions), which are hereby incorporated by reference as if fully set forth herein.
Beavery Technologies Inc. (hereinafter referred to as "our company") agrees to provide related services based on the Internet and mobile networks in accordance with the provisions of our company’s Terms and Conditions. To enhance security, you (hereinafter referred to as "Customer"), should access our services through secure networks including but not limited to secure websites, mobile and other platforms, carefully read all the contents of the following Terms of Service (hereinafter referred to as "this agreement") and pay special attention to the relevant stipulations in this agreement. This agreement as amended from time to time govern express service provided or arranged by our company.
Where a Customer has entered into a Beavery express Service Pricing Guide with our company, the terms set out in such Service Pricing Guide will govern in the event of any conflict or inconsistency between these Terms of Service and the terms set out in such Service Pricing Guide.
1. Shipment Acceptance Policy
The contents of a Shipment must be held firmly in place by the interior (internal) packaging system.
2. Beavery Express Service
a. Our Company offer services internationally.
b. For any of its service offerings, our company reserves the right to modify or discontinue the service, at its sole discretion and without notice, to adapt to changing market requirements or other business needs.
c. Beavery express service is not guaranteed to be refundable or eligible for money-back. Shipments tendered to Beavery express service must comply with the company's Shipment Acceptance Policy, as detailed in the "Shipment Acceptance Policy" document.
d. Our company will make reasonable efforts to deliver Shipments in accordance with this agreement applicable to Beavery express service.
e. The current rates applicable to Beavery express service can be found on the company's website (www.beavery.ca/express-delivery or www.beavery.ca/auction-house-delivery). Beavery express service charge a Service Rate that is based on various factors, including the service selected, the packaging, the Shipment's origin and destination, and the Shipment's weight and measurements.
3. Delivery of Shipments
Delivery of a Shipment by Beavery express service is deemed complete when the Shipment has been delivered to the address or location specified on the Bill of Lading. Beavery express service is not obliged to deliver the Shipment to any particular person or point at that location, even if such person or point is specifically identified on the Bill of Lading. The Receiver of any Shipment is deemed to have appointed the individual who accepts the Shipment on delivery as the Receiver's agent to accept delivery on the Receiver's behalf.
4. Definitions
Unless otherwise defined in this agreement, capitalized terms have specific meanings as follows:
a. “Additional Charges” refers to specialized service charges, administrative charges, and shipping charges that may be applied to a Shipment, in addition to a Service Rate.
b. “Automated Shipping System” means any automated shipping system used by our company or Customers to access and use Beavery express service.
c. “Bill Of Lading” refers to any shipping document, label, waybill, manifest or similar instrument used by Beavery express service to accept Shipments for carriage.
d. “Controlled Substance” refers to a drug or substance that has been declared illegal for sale or use by federal, provincial, or municipal law, which may be permitted to be dispensed or consumed by government law, statute, or regulation.
e. “Convention” refers to the Convention for the Unification of Certain Rules Relating to International Carriage by Air signed at Warsaw, Poland, October 12, 1929, or the Convention for the Unification of Certain Rules for International Carriage by Air signed at Montreal, Canada, May 28, 1999, or those conventions as amended or supplemented as may be applicable. When applicable, the Convention governs and, in most cases, limits our company's liability in respect of loss of, damage to or delay in the carriage of Shipments.
f. “Customer” refers to a person, entity, partnership, or organization using the Beavery express services, whether as Originator, Shipper, or Receiver.
g. “Customs Clearance Charges” refers to any and all brokerage fees, surcharges, customs, and duties related to a Shipment tendered by a Customer to Beavery express service.
h. “End Of Day” refers to 10:00p.m. (Receiver’s local time).
i. “FSA” refers to a Canadian forward sortation area, which is denoted by the first three characters of a postal code and identifies a specific area within a major geographic region or province.
j. “Limited Quantity Dangerous Goods” refers to those Shipments that have been prepared and follow Section 1.17 of the Transportation of Dangerous Goods Regulations.
k. “Originator” refers to the location where the Shipment is picked up.
l. “Package” refers to any item or parcel that is packaged by the shipper for delivery and meets Beavery express service's accepted packaging standards.
m. “Piece” refers to a single envelope, parcel, container, crate, pallet, or unpackaged article accepted by Beavery express service for delivery.
n. “Receiver” refers to the location to where a Shipment is destined for delivery.
o. “Residence” refers to a place where someone lives or a commercial business operating out of a residence.
p. “Residential Area” refers to an area that is primarily residential or is of a low business (commercial) density as determined by our company from time to time.
q. “Service Pricing Guide” refers to a service pricing guide or other agreement between our company and Customer governing the services provided or arranged by Beavery express service for such Customer.
r. “Service Rate” refers to the rate charged by our company to Customer based on the service selected, but excludes any Additional Charges, taxes.
5. Additional Terms and Conditions
a. Use of Personal Information
Our company’s Privacy Policy, as published on beavery.ca, applies to all personal information (i.e., information about an identifiable individual) that our company collects or receives during the Shipment process. The Privacy Policy governs the collection, use, disclosure, retention, and disposal of personal information by our company in accordance with applicable privacy laws and regulations. By using our company's services, Customers agree to the terms of the Privacy Policy.
b. Right to Correct Shipment Label
Our company retains the right to unilaterally modify any and all terms and conditions of a Bill of Lading to facilitate the carriage of a Shipment, including but not limited to reprinting and altering an originally generated Bill of Lading. In such cases, our company may issue a new Bill of Lading containing the revised information, which will be affixed over the original Bill of Lading. Our company also reserves the right to recalculate and apply additional Shipment or administrative charges imposed because of any modifications made to a Bill of Lading.
c. Right of Inspection
Our company reserves the right to inspect any Shipment tendered to Beavery express service for carriage, without notice, at any time, including opening and inspecting such Shipment. Additionally, governmental authorities may open and inspect any Shipment, at any time, without notice.
d. Right to Refuse Shipments
Our company reserves the right to refuse any Shipment, at its sole discretion. This includes any Shipment that may cause damage or contamination to other merchandise or equipment, or is deemed economically or operationally impractical to transport, or is improperly prepared, packed or wrapped for transport, in accordance with our “Shipment Acceptance Policy”.
e. Right to Use Agents and Subcontractors
Our company reserves the right to engage agents and subcontractors to provide services. Such engagement does not affect Beavery express service's maximum liability as described in this agreement (refer to "Maximum Liability"). If agents or subcontractors are used, they may impose more restrictive size and weight limitations than those outlined herein (refer to "Shipment Acceptance Policy").
f. Right to Use Alternate Modes of Carriage
Our company reserves the right to use an alternate mode of carriage for the Customer's selected service, and the Customer acknowledges that charges based on such mode will be levied and the Customer shall pay the same. If Customer fails to indicate a mode of carriage on a manual Bill of Lading or indicates a mode of carriage or a Shipment option on a manual Bill of Lading that is unavailable, our company reserves the right, at its sole discretion, to transport the Shipment by the mode of carriage Beavery express service deems acceptable, and to apply charges deemed acceptable for the service rendered. The Customer agrees to pay the imposed charge. Any exercise of such right to use alternate modes of carriage will in no way affect Beavery express service's maximum liability described in this agreement (see "Maximum Liability").
g. At Shipper’s Risk
The transportation of certain articles and commodities entails a higher risk of damage during Shipment as they pass through a typical courier and freight distribution network. As per industry practice, such items are generally considered to be transported "at shipper's risk" as outlined in the applicable terms and conditions of service.
h. Shipments
The acceptance of the following articles for carriage by Beavery express service is conditional on the Shipper assuming all risks of loss or damage arising from the carriage of such articles. Our company will not be liable for any loss or damage to such articles and will not accept any claims for such loss or damage:
1) Glassware, including but not limited to, signs, mirrors, ceramics, porcelains, china, crystal, glass, framed glass, electronic screens, and any other commodity with similarly fragile qualities.
2) Collectors’ items.
3) Liquids.
4) Precious metals.
5) Articles requiring temperature-controlled services (i.e., a specific temperature is maintained during carriage).
6) Perishable items, and foods and beverages requiring refrigeration or other environmental control. Our company does not have the facilities for these items.
7) Unpackaged articles.
8) Privately packaged articles (e.g., not in manufacturer’s original packaging).
9) Articles not packaged in accordance with Beavery express service’s Shipment Acceptance Policy.
10) Pieces in a Shipment not properly labelled in accordance with Beavery express service’s labelling requirements.
11) Artwork, including any work created or developed by the application of skill, taste, or creative talent, for sale, display or collection. This includes, but is not limited to, items and/or parts such as paintings, drawings, vases, tapestries, limited-edition prints, fine art, statuary, sculpture, collector’s items, customized or personalized musical instruments.
12) Antiques, or any commodity that exhibits the style or fashion of a past era and whose history, age or rarity contributes to its value. These items include, but are not limited to, furniture, tableware, and glassware.
13) Jewelry, other than costume or novelty jewelry.
14) Seeds.
15) Household goods and personal effects.
16) Articles designated as “Dangerous Goods” in this agreement, but which have been tendered to Beavery express service and accepted for carriage.
17) Controlled Substance.
18) Electronic and electrical devices (including those in manufacturer’s original packaging) such as televisions and test equipment. A Customer may submit a claim for loss of these items. However, claims for damages will not be accepted.
19) The acceptance of Shipments by Beavery express service on an "At Shipper’s Risk" basis means that such Shipments are transported on a "no-value" basis, and the Customer cannot increase Beavery express service’s liability for loss or damage by declaring a value for such Shipments on the face of the Bill of Lading or any designated user entry field in the case of Shipments prepared using an Automated Shipping System.
i. Shipments Not Allowed
The transportation of the following articles as Shipments is subject to prior written approval by Beavery express service, which must be evidenced by a duly executed Service Pricing Guide or other written record setting out the pre-approved article(s) to be transported. Beavery express service will not accept these articles for carriage as Shipments without such approval:
1) Human or animal remains, corpses, organs, embryos, body parts, whether cremated or disinterred or in any other form.
2) Animals, birds, or insects.
3) Live plants and cut flowers.
4) Currency (including cash or coins) or other securities negotiable without endorsement such as bearer bonds, gift certificates, bank draft, etc.
5) Fish, seafood, or meat (fresh or frozen).
6) Tobacco or alcohol, inter-provincial/state (i.e., across provincial/state boundaries).
7) Cannabis or products derived from cannabis which may contain cannabinoids.
8) Firearms or weapons of any kind (including parts thereof).
9) Dangerous Goods as defined in this agreement.
10) Drugs prohibited by law.
11) Shipments containing articles of extraordinary value, in Beavery express service’s sole judgment.
12) Any Shipment that, in Beavery express service’s judgment, could cause loss, damage or delay to equipment, personnel or other Shipments.
13) Other prohibited articles that vary by country.
6. Terms of Payment
a. Our company reserves the right, at its sole discretion, to grant terms of payment (i.e., the number of calendar days between the date of an invoice issued by Beavery express service and when payment must be received by our company) to any Customer, including Account Customer. Our company also reserves the right to revoke, modify or amend any granted terms of payment to any Customer, for any reason, including, but not limited to, late, incomplete or non-payment in accordance with granted terms of payment or where our company has reason to be concerned about the Customer’s continued creditworthy status or timely and complete payment ability, as determined by our company. Such revocation, modification or amendment shall be effective immediately upon notice to the Customer. Beavery express service may establish alternative payment arrangements for past-due balances and/or payment for future services, at its sole discretion, and the Customer shall comply with such arrangements as a condition of continued use of Beavery express service.
b. Beavery express service requires Non-Account Customers to make payment for services at the time-of-service request, or in accordance with the terms set out in the applicable invoice if Beavery express service invoices the Customer. Non-Account Customers are not authorized to make payments via cheque, and any such form of payment will be declined.
c. Beavery express service requires an Account Customer who has been granted terms of payment and remains in good standing to pay for its services within 14 calendar days from the date of the invoice, in accordance with their Service Pricing Guide or a shorter period prescribed by Beavery express service or law. The Account Customer can refer to the customer dashboard for information on methods of payment. Unless otherwise noted by Beavery express service, all invoices, bills, and other statements of account to Customer regarding amounts owed by the Customer are denominated in Canadian currency.
d. Any Customer with an account number(s) that is not in good standing, including where payment has not been submitted to our company in full within granted terms of payment, shall immediately, with or without notice from Beavery express service, submit all outstanding amounts to our company. Failure to do so may result in our company taking any action against the Customer, without recourse against Beavery express service, including but not limited to charging late payment fees, terminating, suspending and/or modifying service(s), and/or stopping and holding any Shipment in transit until payment arrangements are made and the Customer’s payment status returns to good standing. It is important to note that any Shipment held or impacted in relation to Customer payment issues will not be eligible for service guarantees.
7. Liability of Beavery Express Service
a. Maximum Liability
Beavery express service's liability for any loss or damage, whether resulting from negligence, gross negligence, or a failure to perform the contract, shall not exceed the lesser of one hundred Canadian dollar or the value of the items, unless a higher value for Beavery express service's liability purposes is agreed upon in writing by our company and the shipper. Other limitations on liability may apply if the customer agrees as a special agreement with respect to all shipments that, notwithstanding any disclosure of the nature or value of the goods, the amount of any loss or damage, including, without limitation, loss of earnings or profits, resulting in any manner, whether or not from negligence or gross negligence, from loss of or damage to the goods and/or misdelivery, failure to deliver or delay in delivery of the goods, for which Beavery express service may be liable to the customer/shipper, owner, originator, receiver, and/or any third party, whether in contract, tort, or otherwise, shall in no event exceed the maximum liability of Beavery express service set out above. Under no circumstances shall Beavery express service be liable for any consequential, special, indirect, punitive, or incidental damages.
b. Delay
Beavery express service shall not be liable for any direct or indirect damages arising from a failure to deliver a Shipment by a stipulated time. However, upon request, Beavery express service may, at its discretion, refund or credit a Customer (payer) if a Shipment is not delivered.
c. Events Beyond Beavery Express Service’ s Control
Beavery express service shall not be held responsible for refunding or crediting a Customer (payer) for any transportation charges, loss, damage, delay, non-delivery, miss delivery, or failure to perform caused by circumstances beyond its control. This includes, but is not limited to, events caused by the Shipper, owner, originator, Receiver, or any other party with an interest in the Shipment. Other circumstances beyond Beavery express service's control include defects or inherent vice in the Shipment, inadequate or incorrect markings or address on the Bill of Lading, acts of God, perils of the air, weather conditions, mechanical delays, disruptions in air or ground transportation networks, acts of public enemies, public health crises, quarantine, war, strikes or other labor disruptions (of any entity including vendors, suppliers or Customers), terrorism, riots or civil commotion, acts of public authorities (including customs or health officials) with actual or apparent authority, customs clearance delays, import/export documentation deficiencies or Shipments requiring extraordinary handling, documentation, or routing. Beavery express service is under no obligation to provide a refund or credit to Customer in such circumstances.
d. Loss of Personal Information
Beavery express service’s liability for any loss of personal information (defined as information about an identifiable individual) that is contained in or displayed on any Shipment is subject to the limitations on Beavery express service’s liability set forth in this agreement, specifically the maximum liability as outlined. For Shipments that are carried for Customers that are not individuals, such Customers acknowledge and agree that Beavery express service is a third-party processor and that such Customers bear sole responsibility for collecting personal information and sharing it with Beavery express service in compliance with applicable privacy laws and best practices, which include obtaining meaningful and informed consent as required, assessing harm, and notifying and reporting any resulting loss of personal information to any privacy authority or impacted person or entity.
e. Claims
Beavery express service requires that any claim for loss or damage to a Shipment must be notified to Beavery express service in writing within 60 days of the request date, providing specific details such as the origin, destination, order number, date of Shipment, and estimated amount claimed. Failure to comply with this requirement will result in Beavery express service having no liability for the loss or damage. In addition, Beavery express service may require supporting documentation to assess a claim, such as original purchase invoices, appraisals, estimates for repair, or other records. If the necessary supporting documentation is not provided, Beavery express service reserves the right to deny the claim. Any claims must be submitted to express@beavery.ca.
f. Applicable Law
The contract for the transportation of goods listed in the Bill of Lading is subject to any conditions of carriage mandated by the law of the jurisdiction where the Shipment originates. This is true regardless of any "Governing Law" provision included in any Service Pricing Guide. If any provision in this agreement or a Bill of Lading is found to be invalid or unenforceable under the law, such invalidity or unenforceability shall not affect the validity or enforceability of any other provision. If the Shipment is destined for or stops in a country other than the country of origin, the Convention may apply and limit Beavery express service's liability for any loss, damage or delay of the Shipment.