AGREEMENT TO TERMS
By giving your package to Pik Services for carriage or delivery you agree to all the terms stated herein. You shall indemnify us and hold us harmless against all liabilities, losses, claims, damages, costs, and expenses of any nature whatsoever incurred as a consequence of your non-observance of any regulation required with regards to or in connection with the delivery and courier of goods under electronic or any written or bill of lading. No one is authorized to modify the terms of our agreement.
PIK SERVICES ONLINE ORDER TERMS
The customer recognizes that within an electronic environment the possibility exists that an electronic order may be delayed from reaching our servers, in the event of such a delay, we cannot be liable for consequential damages and loss of, or potential loss of income or profits. Pik Services shall not be liable for any special or consequential damages that result from the inability to use, or issues with the performance of our site. Rates displayed online are official and are subject to applicable taxes. Displayed rates are subject to change depending on the actual delivery details obtained when the driver picks up the package.
CUSTOMER OBLIGATIONS
We warrant that each shipment or delivery is properly described on a given waybill, bill of lading, electronic online entry, or otherwise described and is acceptable for transport by Pik Services and that your delivery is properly marked, addressed, and packaged to ensure safe transportation with ordinary care in handling. The shipper hereby declares that this consignment does not contain any dangerous substances as defined under the transportation of dangerous goods act. The shipper further declares that he/she fully understands the extent of this declaration.
PACKAGING
Pik Services does not provide a protective service for the transportation of parcels requiring special protection or protection from heat or cold such as perishables. Pik Services reserve the rights to refuse any package which for various reasons it deems to be dangerous or any other character of its contents is liable in the judgment of the carrier to taint or otherwise damage other goods or equipment or which is economically or operationally impractical to transport or which is improperly packaged or wrapped.
RATES – PAYMENT
Invoices are payable within 15 days upon receipt unless otherwise specified in writing within a sales agreement. Any discounts applied to an order are subject to payment being received on time. Where payment for a shipment has not been received within 30 days of invoice, Pik Services has the option of recalculating all charges to those shown in the current tariff. Overdue balances are subject to interest calculated at 2% per month (19.6% per annum) which shall accrue and be payable to Pik Services on all outstanding monies. This is in addition to any legal rights and remedies available to Pik Services.
LIMITATIONS OF LIABILITY AND LIABILITIES NOT ASSUMED
Our maximum liability is $2.00 per pound or $4.41 per kilogram to a maximum of $50.00 unless a higher ‘declared’ value is made at the time the shipment is placed and you pay an additional premium. If you declare a higher value and pay the additional charge, our maximum liability will be the lesser of your declared value or the actual loss. Pik Services or its agents shall not exceed the above sum noted herein unless the shipper declares a greater value and purchases additional insurance coverage of 0.75 cents per $100.00 (or fraction thereof) will be assessed on the declared value (if any) through Pik Services. The Shipper has the sole responsibility for insuring his, her, or their agents’ goods. Without prior authorization in writing, the maximum declared value per shipment is $500.00.
We shall not be liable for any damages, whether direct, incidental (for example, alternate carrier transportation costs), consequential (for example, loss of profits or income), or special, whether or not we knew that such damages might be incurred in any manner resulting from misdelivery, failure to deliver or delay in delivery, in excess of: (1) in the case of a fundamental breach of the contract of carriage, an amount equal to our maximum liability and the amount of all freight and other charges paid hereunder (2) in the case of delay, a refund of your transportation charges, and (3) in any other cases, an amount equal to our maximum liability. We shall not be liable for loss, damage, or delay caused by events we cannot reasonably foresee or control, including but not limited to acts of God, perils of the air, weather conditions, mechanical delays, acts of the Queen’s or public enemies, war, riots, strikes, civil commotions, a defect or inherent vice in the goods, the acts or default (including but not limited to improper or insufficient packing, securing, marking or addressing of the shipment) by the shipper, owner, or consignee of, or anyone else with an interest in the shipment or any part thereof, authority of laws, or acts or omissions of public authorities (including customs and quarantine officials) with actual or apparent authority. We won’t be liable if you or the consignee violates any of the terms of our agreement, or for loss or damage to shipments of prohibited items, including cash or currency. We cannot accept responsibility for loss, damage, or delay of your shipment if caused by any carrier you have designated us to use for any portion of the carriage.
DECLARED VALUE LIMITS
Without a prior written agreement, the insured value of a Regular, Stat, or Overnight shipment cannot exceed $1,000.00 CAD unless otherwise declared. Supplemental insurance may be purchased at the rate of 4% per $100.00 CAD of value to a maximum of $2500.00 CAD. Greater limits are available upon request and are only valid upon accepted rate quote for specified carriage via request in writing.
FILING A CLAIM
We won’t be liable for loss, damage or delay to any packages unless notice thereof setting out particulars of the origin, destination, and date of shipment of the goods and the estimated amount of claim in respect of such loss, damage, or delay is given to us within 15 days from the date of your shipment. A notice must be given to Pik Services, the carrier within 48 hours after such loss or damage occurs, and details in writing within 14 days after shipment delivery. Any notice of claims of loss or damage that is submitted after these 14 days will not be valid.
DELIVERY DELAY
In event of any delay, Pik Services shall not be liable for any special, consequential, or other damages caused by delay in the delivery of a shipment, regardless of the cause of such delay. If a delay can be undisputedly proven to be due to the deliberately negligent actions of Pik Services, our liability for delay is limited exclusively to a refund of your delivery charges to the amount of the actual delivery cost.
RESPONSIBILITY FOR PAYMENT
Regardless of the payment instructions you give us, you will always be primarily responsible for all delivery charges. You will also be responsible for any costs we may incur in either returning your shipment to you or warehousing it pending disposition.
INDEMNITY
You shall indemnify us and hold us harmless against all liabilities, losses, claims, damages, costs, and expenses of any nature what so ever incurred as a consequence of your non-observance of any regulation of whatever nature which you are required to observe concerning or in connection with the carriage of the goods shipped.
APPLICABLE LAW
The carriage of goods shall be deemed to include and be subject to the terms and conditions prescribed by law in the jurisdiction where the goods originate.
SEVERABILITY
If any term, covenant, or condition herein is held to be invalid, illegal, or unenforceable, the validity, legality, and enforceability of the remainder of this agreement shall in no way be affected or impaired and shall be valid and enforced to the fullest extent permitted by law.
CUSTOMER RESPONSIBILITY FOR PAYMENT
Regardless of alternate payment instructions, you give Pik Services, i.e. C.O.D’s collect payment at the drop-off location, you will always be primarily responsible for all delivery charges. By giving Pik Services your package you agree to make full payment within our payment terms. You will always be responsible for any costs we may incur in redelivering, returning, or warehousing your delivery shipment pending disposition. Prices are subject to change without notice thereby those prices appearing on the Pik Services website shall be assumed current and valid.
LPC – 24% per annum (Late Payment Charge) will be charged on all overdue accounts and pro-rated according to the number of days late.
It is advisable to have a completed Credit Card Pre-Authorization Form on file to ease payment of your services.
All accounts are due upon receipt, except whereas;
(a) the account holder has an approved business credit application on file whereby NET 10 shall apply, except whereas;
(b) a corporate account holders balance on an approved credit account at the time of billing exceeds the minimum spend of $500.00 NET 30 privilege may apply,
(c) without exception invoices shall be paid on or before their set due date, failure to do so will incur late fees, and or all outstanding charges will be applied to the Credit Card Pre-Authorization.
PIK SERVICES REFUND POLICY
Pik Services has a 100% Money-Back Refund Policy for all Local Same day delivery orders that are Cancelled within 15 minutes of the time an order is placed, provided that a delivery driver has not yet arrived at the customer’s location to make the pick-up or delivery. If a delivery driver arrives at the pick-up or delivery location before the order is canceled, a minimum $15.00 service charge will be charged to the customer.
