Terms and Conditions.
West Direct Express Ltd., in conjunction with its affiliates, is engaged in the transportation of shipments within Canada and beyond.
The services offered to the customer are in accordance with the terms and conditions set out herein and in accordance with West Direct's published and or specified rates.
COMMODITIES SERVICED & RESTRICTIONS
West Direct offers services of general commodities, as usually defined, subject to the following restrictions:
MAXIMUM VALUE: The Maximum Value or declared value per package is $999.99. The maximum West Direct liability is the lesser of $2.00 per pound ($4.41/kg) or $ 50.00 unless the shipper and West Direct specifically agree otherwise in writing. Please see Liability section for more information.
TENDERS: No Service shall be rendered in the transportation of tenders. Should a customer ship a "tender" without written approval from West Direct, West Direct will not be held responsible in any manner, financially or otherwise, for the consequences of failure to deliver a shipment by a stipulated time.
DANGEROUS GOODS: West Direct requires pre-knowledge of any Dangerous goods as defined by the Canada Transportation of Dangerous Goods Act. Shipments of Dangerous Goods are limited to direct-drive services, and may be refused at the sole discretion of West Direct.
CONSUMER COMMODITIES: Items classified as "consumer commodities" by Transport Canada are accepted via West Direct ground service within Canada. Some restrictions apply in areas not accessible by ground. Call West Direct for details.
ITEMS PROHIBITED BY WEST DIRECT: No service shall be rendered in the transportation of any of the prohibited items listed below: animal skins, non-domesticated articles of unusual value, cash, currency, people, contraband, firearms, furs, gem stones, ivory, live animals, any shipment which, in our judgement, could cause damage or delay to equipment, personnel or other shipments. This list may be amended from time to time by West Direct.
PERISHABLE & THERMAL-SENSITIVE GOODS: West Direct does not provide a standard protective service for the transportation of perishable commodities or for commodities requiring protection from heat or cold, unless special arrangements are made in advance. Such commodities will be accepted for transportation solely at the shipper's risk of damage occasioned by exposure to heat or cold.
PROHIBITED BY LAW: No service shall be rendered by West Direct in the transportation of any shipment which is prohibited by law or regulations of any federal, state, provincial, or local government in the origin or destination countries.
RIGHT OF INSPECTION: West Direct reserves the right to open and inspect any shipment tendered to it for transportation.
REWEIGH: West Direct reserves the right to reweigh shipments, notwithstanding that a weight has been declared. The reweighed weight determined by West Direct may be applied for the assessment of rates, and the shipper agrees to pay same.
REFUSAL OF SHIPMENTS: West Direct reserves the right to refuse any package which by reason is dangerous or any other character of it's contents is liable, in judgement of West Direct, to soil, taint, or otherwise damage other merchandise or equipment, or which is economically or operationally impracticable to transport, or which is improperly packaged, wrapped, or labelled.
PROPER PACKAGING & LABELING: Packages must be packed or wrapped to pass the test set forth in International Safe Transit Association Project 1-A (or Project 1 for packages weighing over 100 pounds or 45.5 kilograms). West Direct will accept non-packaged goods, providing the packages will not pose any danger to the driver or any other freight on board the vehicle. The customer acknowledges that they are risking possible damage to a shipment by shipping via this method, and West Direct will not take responsibility for poorly packaged shipments. West Direct cannot deliver to a P.O. Box and or a Rural Route number. Shipments require a street address including apartment/suite/unit numbers and the consignee's telephone number on all packages comprising the shipment. Multiple-piece shipments ) must be labelled with the full delivery address on each piece and each piece individually marked 1of 3, 2of 3, 3 of 3, etc.
SERVICE: Some shipments may be shipped by surface transport and/or handled by an West Direct service associate.
Refer to your rate sheet in effect at the time of shipping for specific rates. Call West Direct for details.
MULTIPLE-PIECE SHIPMENTS: All shipments covered under a single West Direct jobID are considered a single shipment for the purpose of calculating shipping charges.
DECLARED VALUE PREMIUM/INSURANCE COVERAGE AGAINST LOSS OR DAMAGE: Declared values in excess of $100.00 are subject to a valuation charge of $3.00 per $100.00 or part thereof. If the declared value exceeds $999.99, preauthorization by West Direct is required. The customer agrees and acknowledges that the amount of available insurance coverage is limited to the maximum amount stated in point [MAXIMUM VALUE].
WEEKEND/AFTER HOURS DELIVERY CHARGE: Where available, an additional premium is applicable for each package. Prior arrangements must be made with West Direct, or via our after-hours service at +403.264.6666.
RE-ATTEMPT CHARGE (WRONG ADDRESS / CLOSED): If West Direct is unable to deliver any shipment because of an incorrect address, West Direct will make best efforts in locating the proper destination address. Once the correct address is located and confirmed by the customer, delivery will be reattempted.
If West Direct is unable to deliver any shipment because the consignee is closed, the customer will be contacted for further instructions, or 'if closed' option will be carried out as entered at time of delivery.
The customer may have the shipment returned rather than re-attempt. Each re-delivery attempt is subject to a charge equal to the initial cost of the trip.
OUT OF ZONE CHARGE: An additional charge may be assessed for shipments picked up from or delivered to certain extended points which are beyond the normal West Direct service area. These areas are defined on the West Direct Zone map. See rate sheet for applicable charges.
NOTRIP CHARGE (UNAVAILABLE PICK-UPS): If West Direct is unable to make pick up of a shipment, the shipper will be informed and a no trip charge equal to 50% of the shipment cost will be assessed.
WAITING TIME (INCLUDING LOAD AND UNLOAD): This charge will apply after the first 10 minutes of free time have elapsed. The charge will be applied for every 5 minutes or part thereof. See rate sheet for charge amount.
HARD COPY PROOF OF DELIVERY CHARGE: An additional charge will apply for those requesting a copy of the signed manifest via fax or e-mail.
CUSTOMER CALLBACK CHARGE: A customer callback charge will apply when West Direct is required to call the shipper for clarification or instructions regarding that job. See rate sheet for charge amount.
WEIGHT CHARGE: Bicycle Trips weighing over 5lb, or vehicle trips over 3 pieces and 30lb may be subject to an additional weight charge. See rate sheet for applicable charges.
SPECIAL EQUIPMENT: Additional charges may apply when special equipment is required, such as a Power Tail Gate. See rate sheet for applicable charges.
FUEL SURCHARGE: A fuel surcharge may be applied to all shipments requiring a vehicle. The rate varies based on local fuel cost, and is posted on your account login page.
ADDITIONAL CHARGES: Other surcharges may apply. See rate sheet for applicable charges.
SPECIAL RATES AVAILABLE FOR VOLUME SHIPPERS.
RATES AND CHARGES ARE SUBJECT TO CHANGE WITHOUT NOTICE.
PROVISION FOR CUSTOMS CLEARANCE OF INTERNATIONAL SHIPMENTS
EXPORT DOCUMENTATION: The shipper must provide the required documentation for customs clearance, except for envelopes which do not require export documentation. By providing this documentation, the shipper certifies to West Direct that all statements and information relating to exportation and importation are true and correct. There are civil and criminal penalties including the forfeiture and sale of the shipment that may be imposed for making false or fraudulent statements.
PAYMENT OF ADDITIONAL EXPENSES: Customs penalties, storage charges, or other expenses incurred as a result of an action by Customs or failure by the shipper or consignee to provide proper documentation or to obtain a required licence or permit, will be charged to the consignee along with any applicable duty and tax. However, the shipper is liable for payment if the consignee does not pay. Additional charges may apply for complex customs clearance procedures which include, but are not limited to: clearance procedures involving a government agency, customs bonds, and drawbacks.
ACCOUNTS AND INVOICING
TAXES: All applicable Federal and Provincial taxes required by law will be charged on all freight costs and surcharges. The customer agrees to pay West Direct any and all taxes assessed to their account. GST Registration # R123700080
CASH TRIPS: Shipments may be performed by West Direct without an account. In this case, payment is required prior to service, via Credit Card or cash. A 15% surcharge applies to all cash trips.
SHIPPING ACCOUNT: The shipper is responsible for all costs associated with shipments entered on their account. All accounts OAC.
INVOICES: West Direct invoices weekly. Invoices are due upon receipt. An interest charge of .385% per week (20% per annum) shall be assessed on account balances exceeding 5 weeks. In the event the customers fails to pay the invoice, West Direct reserves the right to place the customer on a "cash only" basis as well as implementing any other legal rights and remedies available to it. If legal action is taken to effect collection on past due accounts, the purchaser agrees to pay all collection and/or legal fees.
CHEQUE PICK-UP: West Direct offers to its customers, at no charge, pick up of payments for their West Direct Courier accounts. Arrangements can be made by calling the office at +403.264.6666
DISPUTES: Any disputed charges must be advised to our billing department within fourteen (14) days of invoice date.
LIABILITY: The amount of any loss or damage shall not exceed $2.00 per pound ($4.41/kg) (computed on the actual weight of the shipment) unless a higher value is declared on the shipment. West Direct will have no liability where, on an individual shipment basis, the claim amount is $50.00 or less. Products consisting of ceramics, glass, liquids, perishables, personal goods, porcelain or otherwise of a fragile nature are carried at the sole risk of the consignor. Such agreement covers only such risks as are necessarily incidental to transportation. All claims for loss, damage or delay shall be made by Customer in writing within thirty (30) days after delivery of the goods or, in the case of failure to make delivery, within sixty (60) days from the date of shipment.
DELAY: West Direct is not bound to transport the goods by any particular vehicle or in time for any particular market or otherwise other than due dispatch, unless specifically provided otherwise herein.
PROOF OF DELIVERY: In no event shall West Direct be liable to consignor, consignee, owner or any third party for any loss, damage or destruction of the goods where the consignee/owner has signed a Proof of Delivery indicating that the goods have been received in good order.
FORCE MAJEURE: West Direct shall not be liable for loss, damage or delay to any of the goods caused by an act of God, the Queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, the act or default of the consignor, owner or consignee, authority of law, quarantine or differences in weights of grain, seed or other commodities caused by natural shrinkage.
INTERRUPTION OF SERVICE: In no event shall West Direct be liable for any interruption of delivery service.
EXCLUSION OF CONSEQUENTIAL DAMAGES: In no event shall West Direct be liable to customer, owner, consignor, consignee or any third party interested in the goods for any special, indirect, incidental or consequential losses or damages including, but not limited to, loss of profits, downtime costs, delay costs and costs of substitute equipment arising out of or relating in any way to the non-delivery, misdelivery, delay in delivery or late delivery of the goods or the loss, damage or destruction of the goods, howsoever caused, including, without limitation, the negligence, gross negligence or the fundamental breach of this contract by West Direct, its servants or agents, whether or not West Direct had knowledge that such losses or damages may be incurred.
REFUNDS / CANCELLATIONS: Cancellations of individual trips can be accomplished by calling our call centre at +403.264.6666. In the event a courier has not yet been dispatched, a full refund will be applied. If a courier has already been dispatched and is en-route, a discount of 50% will be applied (see NOTRIP CHARGE above). There are no refunds for completed work.
West Direct may amend this policy from time to time. All users should review this page regularly.