Vectra Heavy Haulers: Pricing Terms and Conditions
1. Rate Validity
All quoted rates remain valid for a period of 30 days from the date of issuance.
2. Inclusion of Fuel Surcharge, Pilot Cars and Permits
Unless otherwise stated in the quotation, rates include all fuel surcharges, special permits and civilian pilot cars unless the shipment requires additional pilot cars as substitutes for police escorts.
3. Extra Charges for Additional Services
Unless explicitly stated in the quote, services such as wire lifting, utility clearances and approvals, police escorts, bridge surveys, engineering surveys, and traffic management plans will be billed as extras. These additional charges will be calculated at the actual cost plus a 15% administration fee.
4. Third-Party Cost Estimates
If third-party cost estimates are provided, they are intended for budgetary purposes only. Actual costs may change at the time of shipping unless otherwise stated in the quote.
5. Credit Approval
All orders based on the quotation are subject to credit approval by Vectra Heavy Haulers Inc. before each shipment is dispatched with payment terms of NET 30 days from receipt of freight bill. Failure to establish credit will require prepayment of the freight bill prior to the delivery of the cargo.
6. Equipment Availability and Scheduling
This document is a quotation and is subject to the availability of equipment. The Carrier does not guarantee the ability to move a load within the Customer’s preferred schedule. Customers must contact the Carrier’s Dispatch Department to confirm equipment availability and should not assume availability without consultation.
7. Permit Requirements for Oversize/Overweight Loads
For oversize or overweight loads requiring permits, long loads cannot be comprised of pieces placed end to end or offset to increase length; wide loads cannot be created by placing pieces side by side or sideways to increase width; high loads cannot consist of stacked pieces; and overweight loads cannot be made up of more than one piece.
8. Spring Road Ban and Route Capacity
Rates are not valid during spring road bans and are based on full hauling capacity on designated routes unless otherwise specified in the quote.
9. Vessel to Truck Discharge Exclusion
Rates quoted do not include direct discharge from vessel to truck at seaports.
10. Road Conditions
Rates are quoted for shipments on maintained paved roads only. Shipments requiring truck travel on gravel, off roads, private roads, or roads that require chains will incur additional and/or hourly charges.
11. Tarping Fees
Tarping is not included in quoted rates unless explicitly stated. If tarping is required, a fee subject to the size of the cargo will be applied.
12. Permit Timing
The Carrier has no control over the time required to verify routing and obtain permits. These timelines fluctuate for various reasons. It is the Customer’s responsibility to provide sufficient lead-time for the Carrier to obtain all necessary permits and approvals.
13. T&E Bond Fees
Rates do not include T&E Bond fees unless otherwise stated. If required, a T&E Bond fee of $250 per occurrence will be charged.
14. Accuracy of Provided Details
This quotation is based on the details provided and stated above. If actual dimensions and weights vary, rates may be adjusted accordingly. In cases where complete details have not been provided, the quotation is not firm but is an estimate.
15. Government Taxes and Duties
Unless expressly stated otherwise, all government sales taxes, excise taxes, customs duties, value added taxes, and similar items are additional to the quoted price(s) where applicable.
16. Over Dimensional Routing
Rates for over dimensional shipments are based on an assumed route. Prices may change at the time of shipment due to actual over dimensional routing.
17. Used Self-Propelled Machinery
Vectra Heavy Haulers Inc. requires 72 Hour Advance Entry System (AES) Notice, original title and or notarized certificate of origin, stamped “paid” in full sighed with wet ink available prior to pickup being scheduled at origin. ITN# must be filed by others customs broker.
18. Customs Pre-Clearance for International Shipments
For international shipments requiring customs pre-clearance, all paperwork must be available well in advance to avoid delays at the border. Any delays at the border will be billed as extra time with no free time allowance.
19. Cancellation Policy
All work cancellations require a minimum of 10 business days’ notice to avoid additional costs. Pre-approved costs incurred for materials will be assessed regardless of cancellation notice. Accumulated costs to date for job cancellations will be invoiced in full.
20. Loading and Unloading Time Allowances
Rates include 2 hours of loading and 2 hours of unloading for Standard and Oversize Truckloads, and 4 hours of loading and 4 hours of unloading for Superload Truckloads. Extra time will be charged at the following rates:
•Flatbed/Step Deck – $125/hr, up to $1,000/day
•Standard RGN/Double Drop – $150/hr, up to $1,200/day
•Extendable Trailers – $200/hr, up to $1,600/day
•Multi-Axle RGN/Mini Deck – $250/hr, up to $2,000/day
•Super Load Truckload (varying configuration) – $475/hr, up to $3,800/day
•Escort Vehicles – $100/hr, up to $800/day
21. Dunnage Ownership and Charges
Any dunnage provided by the Carrier remains the property of the Carrier and will not be left with the load upon delivery. Any special dunnage required is the responsibility of the Client. If dunnage must be left on site, the cost will be added to the freight invoice at a rate of $5.00 per board foot.
22. Crane Responsibility
Vectra Heavy Haulers assumes no responsibility for cranes used to load or unload freight.
23. Trailer Assembly Assistance
The Customer is responsible for payment and or arrangement of un-decking/assembly of multi-axle heavy haul trailers if required.
24. Packaging and Cargo Protection
Vectra Heavy Haulers is not responsible for damage resulting from improper packaging or protection of cargo.
25. Protection from Elements
Tarping, wrapping, sealing, or protection from natural elements and road spray, if required, will be billed as additional charges.
26. Pickup and Delivery Schedules
Vectra Heavy Haulers will make every effort to meet requested pickup and delivery schedules but will not be liable for liquidated or consequential damages caused by failure or perceived failure to deliver on a specified date or time.
27. Railcar Placement
All railcar placement is subject to railway operations and may encounter potential delays or late arrival.
28. Special Train Charges
All special train charges, when required, will be based on actual rail miles travelled as determined by the loaded railcar clearance file issued for each respective railroad. Circuitous miles, if required, will be assessed based on actual rail miles travelled and may differ from the pre-clearance route reviewed at the time of submission.
29. Limitation of Liability for Railcar Shipments
Liability is limited to $25,000 per railcar shipment and shall not exceed the total amount quoted for the transportation request.
30. Conditions of Carriage
All shipments are subject to the conditions of carriage as noted on the Vectra Bill of Lading.
31. Downtown Toronto Delivery
Rates are not valid for downtown Toronto unless specifically notated on the quotation. Also note, City of Toronto permits require a minimum of 15 business days to obtain.
32. Acceptance of Terms
All Quotes will be subject to Standard Terms and Conditions as noted in Schedule A.
Schedule A – Standard Terms and Conditions for Customers/Clients
1. Application
All business conducted by Vectra Heavy Haulers Inc. (referred to as “Company”) is accepted and handled subject to these Standard Terms and Conditions. In these conditions “Client” or “Customer” means the person at whose request or on whose behalf Company undertakes any business or provides any service. These conditions shall be read subject to any compulsorily applicable legislation. These conditions shall not be deemed to be a surrender by Company of any of its rights or immunities under such legislation. If any part of these conditions are repugnant to such legislation such part shall be severable.
2. Company’s Responsibility and Undertaking:
Unless otherwise stated Company is acting as agent on behalf of the Client. Where Company is acting as a principle and issues a bill of lading or similar document of title these terms and conditions shall be paramount in governing the relationship between Company and the Client. Company shall perform its duties with a reasonable degree of care, diligence, skill and judgment within a reasonable time. Except under special arrangements, which shall be in writing, Company accepts no responsibility for delay or for departure or arrival dates. Company shall be permitted to depart from the Client’s instructions where reasonably required. Company shall be entitled to reroute goods where reasonably required.
3. Client’s Responsibility and Undertaking
a) The Client expressly authorizes Company to enter contracts with carriers and other transportation service providers on behalf of the Client for the carriage, storage, packing, handling or customs clearance of the goods by any person, or at any place, and for any length of time.
b) The Client warrants that the description and particulars of goods furnished to Company are accurate and complete.
c) The Client undertakes to advise and warn Company if the goods are liable to taint or affect other goods.
d) The Client warrants that the goods have been properly and sufficiently packed, labelled, prepared, and marked for the intended mode, method, route and time of transportation.
4. Client Indemnification to Company
The Client agrees to indemnify and hold harmless Company for:
a) All duties, taxes, payments, fines, expenses suffered or incurred by Company in the performance of its obligations;
b) All losses, damages (including physical damage) and liabilities in excess of the liability of Company in accordance with these conditions suffered by Company in the performance of its obligations or to which Company is claimed against by third parties;
c) All freight, duties, charges or other expenses whether payable by the shipper or consignee or other person;
d) All claims of a general average nature and / or maritime salvage and security for same; and
e) All loss, damage or delay caused by the failure to disclose that the goods are dangerous, hazardous or of a damaging nature. The goods may be warehoused at the client’s risk and expense.
5. Notice
Any claim by the Client against Company shall be made in writing as soon as events which may give rise to a claim are known to the Client and in any event the lesser of:
a) no later than the applicable legislation to the mode of carriage involved;
b) within 60 days of the loss and/or damage to the goods or the date when the goods should have been delivered or from the date when the event giving rise to a claim arose; and
Such notice shall set out particulars of the origin, destination, date of shipment and nature of the goods and the estimated amount claimed. If such notice in writing is not given the claim shall be absolutely barred. All freight must be paid prior to any claim being made, otherwise the claim shall be absolutely barred.
6. Suit Time
Company shall be absolutely discharged of all liability whatsoever howsoever arising in respect of any service provided or undertaken to be provided to the Client by Company unless the notice provision of these conditions has been complied with and suit be brought against Company within nine months from the date of any event or occurrence alleged to give rise to a cause of action against Company.
7. Liability of Company
Company shall be liable for loss of or damage to the goods occurring between the time when and only if Company physically takes the goods into its charge and the time Company physically delivers the goods to the Client, or other party including actual carriers. Company shall not be liable for loss of or damage
to the goods occurring while the goods are in the care, custody or control of others, including sub-contractors or other transportation providers it engages for or on behalf of the Client. In no event shall Company or the carrier be liable for any loss or damage if such loss or damage was caused by an act of God, the Queen’s or public enemies, riots, strikes lockouts or restraint of labour, a defect in the goods, inherent vice of the goods, insufficient or defective or improper packaging or labelling or marking of the goods, an act or default of the consignor, owner or consignee, or authority of law. No claim shall be made on any grounds whatsoever against any employee, officer or director of Company.
8. Insurance
Company is not an insurer of the goods or services. Company shall not, except under special arrangement, effect insurance for the goods or services provided. Where the Client requests Company to obtain insurance, Company will do so as agent for the Client. Such a request for insurance must be in writing and must be confirmed in writing by Company. Even where insurance is obtained these standard terms and conditions shall apply to the relationship between Company and the Client.
9. Limitation of Liability
The liability of the Company shall be the less of:
a) $2 per pound multiplied by the number of pounds or fraction thereof, of the cargo which may have been lost, damaged or destroyed;
b) (the actual value of such piece(s) at the place of origin including the freight and other charges if paid; and
c) the limitation of liability of the actual carrier in whose possession the goods were lost or damage.
10. Liability of Actual Carrier
The actual carrier of the goods engaged to transport the goods shall be liable for the full value of the goods up to a maximum liability of $100,000 and thereafter subject to the limitation of liability of the actual carrier in whose possession the goods were lost or damaged.
Limitation of liability over $100,000 shall be according to the mode of transportation:
a. For air shipments – pursuant to the Montreal Convention;
b. For ocean shipments – pursuant to the Hague/Visby Rules;
c. For rail shipments – pursuant to rail carrier’s tariff or confidential contract.
d. For truck shipments – pursuant to the uniform conditions of carriage in provinces with legislation, failing which Ontario Regulations would apply.
Shipments having an actual cost value more than $100,000 per trailer will be considered as being of “high value” and will be subject to this limitation of cargo liability unless customer declares the value prior to tender and the parties agree to a different released value and rate in writing signed by an authorized officer of Company.
11. Consequential Damages
In no event (including but not limited to fundamental breach of contract, breach of fundamental term of a contract and the negligence or gross negligence of Company whether arising from damage to the goods, mis-delivery, failure to deliver or delay in delivery) shall Company be liable, whether at the suit of the party or parties contracting directly with Company, or at the suit of any third party and whether in contract or in tort, for indirect or consequential damages or for damages for the loss of use or for the loss of earnings or profit or for punitive, exemplary or aggravated damages.
12. Load, Travel, and Delivery Charges
Prices are based on the process of loading, travelling, and delivering. If a load is dropped for unloading at a later time or diverted for later delivery, additional charges and trailer demurrage will apply. Trailers held by the shipper or receiver, whether loaded or empty, are also subject to demurrage charges. Loads stored in the Carrier’s yard as directed by the shipper or receiver are subject to demurrage and redelivery charges.
13. Non-Receipt of Goods
Where the Client, or the consignee does not take delivery of the goods at the time and place of delivery contracted for, Company shall be entitled to store the goods in a public or licensed warehouse at the expense of the Client or consignee, without liability on the part of Company and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage. On 21 days notice in writing to the Client or the consignee Company shall be entitled to dispose of the goods (by sale or otherwise as may be reasonable).
14. Money Due and Liens
The Client, the consignor, and the consignee are jointly and severally liable for freight. The Client shall pay to Company in cash or as otherwise agreed all sums immediately when due without reduction or deferment on account of any claim, counterclaim or set off. Despite the acceptance by the carrier or Company of instructions to collect freight, duties, charges or other expenses from the consignee or any other person the Client shall remain responsible for such freight, duties, charges or expenses on receipt of evidence of proper demand and in the absence of evidence of payment (for whatever reason) by such consignee or other person when due. All goods (and documents relating to goods) shall be subject to a particular and general lien and right of detention for monies due either in respect of such goods or for any particular or general balance or other monies due from the Client or the sender, consignee or owner to the actual carrier or to Company. If any monies due the carrier or Company are not paid within one calendar month after notice has been given to the person from whom the monies are due and such goods are being detained, they may be sold by auction or otherwise at the sole discretion of the carrier or Company and at the expense of such person, and the net proceeds applied in or towards satisfaction of such indebtedness and the carrier or Company shall not be liable for any deficiencies or reduction in value received on the sale of the goods nor, will the Client, the consignor or the consignee of such be relieved from the liability for payment merely because the goods have been sold.
15. Carrier Terms
Company is entitled to rely on the terms and conditions, including at law or by contract, imposed on or by any carrier which define and limit the obligations and liabilities of the carrier where such terms are more favourable to Company than the terms and conditions specified herein and in so far as those terms are not inconsistent nor contravene any law of the Province of Canada or any law of the United States of America compulsorily applicable to the carriage of the goods. The carrier terms and conditions are available for inspection from Company at its offices or upon written request and are deemed to be part of this contract.
16. Applicable Law and Arbitration
The parties hereto agree that all disputes, disagreements or differences between them relating to their business relationship with each other, including any dispute, disagreement or difference relating to the validity, enforceability or applicability of these terms and conditions to arbitrate, shall be submitted to final and binding arbitration. The arbitration shall be commenced by one (or more) party (or parties) delivering to the other party (or parties) a Notice to Arbitrate which shall set out a brief description of the dispute, disagreement or difference to be arbitrated and a summary of the relief claimed. The arbitration shall be conducted under the arbitration laws of Ontario, and specifically the Arbitration Act (Ontario) or the International Commercial Arbitration Act, 2017, SO 2017, c. 2, Sch. 5 (Ontario), whichever is applicable. The arbitration shall be conducted in Simcoe County Canada in the English language. This Standard Terms & Conditions shall be governed by the substantive law of Ontario. The arbitration shall be conducted by a single arbitrator who shall be agreed upon by all parties to the arbitration. In the event the parties cannot agree on an arbitrator, the arbitrator shall be appointed by an Appointing Authority. The Appointing Authority shall be the ADR Institute of Canada. The arbitration rules and procedures shall be as agreed between the parties. In the event that the parties fail to reach agreement as to the rules and procedures to be followed in the arbitration within thirty days of the appointment of the arbitrator, any party may apply to the arbitrator for a determination of the rules and procedures to be applied in the arbitration. The parties shall be entitled pre-hearing disclosure. The parties shall be entitled to obtain relevant documentary evidence which will assist it in making out its own case and which may assist the arbitrator in determining the facts upon which the arbitrator should render its decision.