In arranging for the transportation of goods, Gateway is acting as agent only. Gateway does not present itself as, nor assume any liability as a carrier and does not accept any responsibility for any loss, damage or delay to goods to be transported. Gateway undertakes to use reasonable care in the selection of carriers, forwarders, agents, warehousemen and others to whom the goods may be tendered for transportation, handling and/or storage or otherwise subject to the conditions imposed by such carriers and other parties.
Carrier liability may be governed by the laws in effect at the place of origin and/or the contract of carriage between the shipper and the carrier. Any claim for loss or damage to cargo must be made directly against the carrier by the affected party who is usually the shipper or the consignee. If Gateway is involved in the claim presentation process upon the carrier it is acting in a facilitating role only as agent for the claimant.
Shipments from a Canadian Point of Origin
Under provincial law and/or as may be provided by a carrier’s terms of carriage, carrier liability for loss or damage to goods may be limited to the amount of $2 per pound, absent a declaration of value on the bill of lading or contract of carriage by the shipper at the point of origin.
If a shipper desires a carrier to assume a higher level of liability it must declare a value on the face of the bill of lading issued by the carrier at the point of origin and agree to pay any applicable and resulting extra freight charges. Shipper may request in writing Gateway to declare a value to a carrier in which case Gateway will issue a unique Declared Value Confirmation Number that the shipper is required to show on the face of the bill of lading.
Shipments from a United States Point of Origin
Under US federal law carriers are generally liable in accordance with the provisions of 49 U.S.C. Section 14706. Carriers may be able to limit their liability through posted or incorporated tariffs.
Carriers and their Liability Insurance
Gateway endeavours to hire carriers with adequate cargo liability insurance limits. Carriers generally maintain standard industry insurance levels for cargo loss or damage liability. Where a shipper wishes to declare a value in accordance with item 4 or as the opportunity may present with item 5 above Gateway will, on prior written notification to it by shipper, if one is available select a carrier with adequate insurance limits and forward a copy of the carrier’s insurance certificate to the shipper if requested.
At the express written request of shipper and for an additional fee, Gateway can purchase on shipper’s behalf a trip insurance policy for cargo verified by a unique certificate showing the owner as the insured party for loss or damage to the cargo for the duration of the transport service.
Gateway’s General Limitation of Liability
Notwithstanding the foregoing, any liability, whether for breach of any contract or duty or in negligence as may be alleged as against Gateway (or its officers, directors or employees) in connection with any shipment is limited to the lesser of:
the actual value of the goods lost or damaged at the time and place of origin; an amount equal to $2.00 CDN per pound, as calculated by the value of the goods actually lost or damaged.
an amount equal to $2.00 CDN per pound, as calculated by the value of the goods actually lost or damaged.
Under no circumstances shall Gateway be responsible for any special, incidental or consequential damages, including loss of profits.
These Service Terms & Conditions as Binding
No other representation, warranty, collateral agreement or condition, written or oral, which has been made or given, except as referred to in this document shall be binding on Gateway unless otherwise agreed to by Gateway and shipper, in writing.