MVS Canada is a licensed and registered Nova Scotia corporation with a registry number 3239754 and a CRA Business Number 84595 6051. This agreement is solely between the customer and his/her or its duly authorized agents, (hereinafter referred to as “Customer”), and MVS Canada Logistics Inc. (DBA MVS Canada)
Contract Terms and Liablity Disclaimer
These Terms and Conditions are only for specialized transport by enclosed transport truck. This type of transport is usually reserved for high end vehicles, antiques, and lowered vehicles. Please verify with your MVS Canada representative if the quote you received is for this service.
Customer Agrees as Follows:
- MVS Canada is a transportation and property broker and is acting solely in the capacity of a broker. Customer allows MVS Canada to contract with other licensed and insured Motor Carrier(s), to transport the vehicle(s) described in this shipping order. MVS Canada and Carrier(s) reserve the right to use multiple modes of transportation, including but not limited to truck, rail and ship.
- Customer further agrees and understands that MVS Canada’s sole responsibility in the transaction between the customer and MVS Canada is to procure a Carrier for shipment of the customer’s property. Customer understands that MVS Canada never takes possession of, transports, or delivers the Customer’s property.
- MVS Canada agrees to facilitate transportation of the Customer’s vehicle between the origin and destination (terminal/residential/commercial) locations. If the customer requires door pickup or delivery, Carrier can only deliver to locations that are legally able to and safe. A mutually agreed upon place to load/unload the vehicle(s) may be necessary due to low hanging trees, low hanging wires, narrow streets, and residential area restrictions.
- MVS Canada reserves the right to cancel any order for any reason at any time.
- Carrier and driver or agents, jointly and separately, are authorized to operate and transport Customer’s motor vehicle between its pickup location and the destination set forth on the shipping order and Bill of Lading(s).
- MVS Canada does not guarantee pickup and delivery dates or transit times and wait times. All dates and assertions made by MVS Canada are best estimates. Delays may occur prior to, and/or during, transport due to weather, road conditions, mechanical problems, etc. There are absolutely no guarantees regarding pickup or delivery times and dates.
- MVS Canada/Carrier shall not be held responsible for loss or damages occasioned by delays of any kind or for any reason, car rental fees or any accommodation fees, or liable for any of the following:
- Expenses as a result of missed arrival/departure times.
- Damage to any antennas which increase the overall vehicle body height.
- Loss or damage to any items left in the vehicle.
- Any damage resulting from fluctuations in temperature.
- Damages as a result of fluid leaks such as antifreeze, brake fluid, transmission fluid and battery acid.
- Damage to any parts, which are deemed to be installed in a faulty manner.
- Any damages to vehicle parts or operations that would not be feasible to inspect during the initial vehicle survey.
- Customer is responsible for preparing the vehicle to be shipped:
- All loose parts, fragile accessories, low hanging spoilers, etc. must be removed or secured. Any part of the vehicle that falls off during transport is Customer’s responsibility including damages caused by said part to any vehicle(s) and/or person(s) involved.
- Customer shall remove all non-permanent, outside mounted luggage and other racks prior to shipment.
- Vehicle must be in good running condition (unless otherwise noted).
- The vehicle’s interior must be reasonably clean and free of garbage.
- At least ¼ tank but recommended to have no more than ½ a tank of fuel.
- Vehicle must have correct levels of antifreeze, oil and other fluids and must not be leaking.
- All vehicles must have a working foot brake and parking brake/ebrake (unless otherwise noted).
- Customer must disarm any alarm system installed in the vehicle or provide proper instructions for this matter. In the event said alarm sounds and there are no keys or instructions to turn it off, Carrier may silence alarm by any means.
- If there is more than one key being transported with the vehicle, the keys must be securely attached together with a key ring.
- If there are special instructions for operating the vehicle, please attach the instructions to the dash of the car where they are clearly visible.
- All oversized or modified vehicles must be declared at the time of booking (eg. lifted, lowered, oversized tires, dually, ladder racks, lights, truck bed caps, etc.). Customer must declare any after-market features that are on the vehicle and inquire as to the extra charges. Failure to do so may incur additional charges or fees.
- The ‘Auto Transport Mode Policy’, as described at https://www.mvscanada.ca/auto-transport-mode-policy, can have an effect on the quoted/booked pricing, transport mode and provided insurance. This policy is based on the vehicle age, value, condition and the month of shipping. MVS Canada and our agents reserve the right to request more information regarding a vehicle prior to or after booking in order to determine if the vehicle can be safely transported.
- Personal property may not be left inside the vehicle unless confirmed by MVS Canada prior to shipping. If you have been approved to have personal items left inside your vehicle, Carrier and MVS Canada are not liable for loss or damage to said personal items, nor for damage to vehicle caused by excessive or improper loading of personal items.
- The following items are strictly prohibited from being in the vehicle at the time of shipping; guns, ammunition, flammable products, explosives, narcotics, alcohol, jewelry, precious metals, furs, money, pets, plants and contraband. Customer agrees that the Carrier may confiscate and/or dispose of said items with no remuneration and the appropriate Government authorities will be contacted.
- All fees must be paid prior to shipping of motor vehicle unless otherwise authorized by MVS Canada. Customer warrants that he/she/they will pay the full transportation price due to MVS Canada in full and will not try to offset any dispute for damage claims and/or delays etc. from freight (transport) charges. If payment cannot be made, the vehicle will be stored at Customer’s expense until full payment has been made.
- For any orders that have been approved to be paid by company cheque or EFT, transportation charges that have not been paid within 30 days of date of invoice will be subject to the following:
- A service charge equal to 3% (36% per year) of the outstanding amount will be assessed per bill of lading for each 30 day period or portion thereof that such amount is outstanding;
- All charges accruing under this item are to be paid for by the party responsible for the payment of the transport charges.
- At the time of door pickup/terminal drop off, Customer and Carrier will carefully inspect the vehicle for pre-existing damage (exterior only) by completing a vehicle inspection report recorded on the Bill of Lading. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a copy of the Bill of Lading.
- At least 24 high quality photos must be taken of the vehicle by Customer at the time of pickup/terminal drop off. Information on how to do this properly can be found at www.mvscanada.ca/take-photos-of-your-vehicle and at www.mvscanada.ca/damage-claim-information.
- Snow covered or excessively dirty vehicles will not be insured for scratches or dents that could be hidden at the time of shipment.
- If a condition report cannot be done at a terminal when dropping off, photos must again be taken of the vehicle at the terminal. A condition report will be done when your vehicle is being loaded onto the train or transport truck.
- At the time of delivery, Customer and Carrier will carefully inspect the vehicle for possible damages incurred during transit. Carrier and Customer will both acknowledge the condition of the vehicle and Customer will sign and receive a final copy of the Bill of Lading.
- MVS Canada will share the Carrier insurance policy details upon request if a damage claim has been deemed valid.
- Customer agrees that MVS Canada is not liable for any property damage claims to Customer’s vehicle and that his, her or its sole remedy is against the Carrier.
- Our Carrier’s maximum cargo liability shall be between $100,000.00 CDN and $5,000,000.00 CDN per vehicle with a maximum load liability of up to $5,000,000.00 CDN (depending on Carrier used for transport). Any value above and beyond these limits must be declared in advance and will be charged an additional fee according to the vehicle’s value. Conditions for Carrier’s liabilty are as follows:
- Damage(s) must be noted in the proper place on the Bill of Lading/Inspection Form and signed by Customer regardless of weather conditions, time of day or day of week. Signing the Bill of Lading and inspection report without notation of any damage verifies that Customer has received her/his vehicle(s) in satisfactory condition, and that MVS Canada/Carrier and their agents are relieved of any further responsibility.
- Photos of alleged damage(s) must be taken at the time and place of delivery.
- Claims must be submitted to MVS Canada in writing with photos of alleged damage(s) by email to email@example.com within 24 hours of delivery to the Customer or designated contact as outlined in Article 16.
- The liability of MVS Canada and its agents ceases when goods are delivered after the business hours of consignee at consigned destination, whether the bill of lading is signed or not.
- MVS Canada and its agents claims all salvage rights on damaged parts. Parts must be held for pick-up for a minimum of 30 days.
- MVS Canada and its agents shall not be liable for more than the actual cash market value of the vehicle at the time any loss or damage occurs and shall not exceed the amount that it would cost to repair or replace the vehicle, or any part thereof, with material of like kind and quality.
- Any vehicle that becomes in-operable at pick-up or while in route will be charged an additional $350.00 CAD as a non-runner fee. If the vehicle needs a tow truck at any point during transit because it is in-operable, extra fees will apply.
- A $750.00 CAD deductible will apply to damage claims under Carrier’s liability.
- Carrier accepts responsibility of vehicle after pre-inspection is done and Bill of Lading is signed by the Customer. Carrier responsibility will end when the vehicle is delivered and Customer signs final Bill of Lading inspection.
- Customer shall, in their absence, designate a person(s) to act as their agent(s) at the point of pickup and/or delivery if for any reason they are unavailable. The persons listed at the point of origin and point of destination are appointed agents for the purposes of releasing vehicle, approving charges, accepting delivery, and releasing MVS Canada and Carrier from any and all claims upon acceptance of delivery.
- This Agreement and each of the documents contemplated by or delivered under or in connection with this Agreement are governed by and are to be construed in accordance with the laws of the Province of Nova Scotia and the laws of Canada applicable therein and treated in all respects as a Nova Scotia contract.
- The parties here agree that all actions or proceedings arising in connection to this agreement shall be tried and litigated exclusively in the Provincial courts located in Halifax, in the province of Nova Scotia. This choice of venue is intended by the parties to be mandatory and not permissive in nature, and to preclude the possibility of litigation between the parties with respect to, or arising out of, this Agreement in any jurisdiction other than that specified in this section. Each party waives any right it may have to assert the doctrine of forum non-convenience or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this section. By action of this provision, the parties agree to submit to the personal jurisdiction of the aforementioned court.
- Customer shall defend, indemnify, and hold harmless MVS Canada from any and all actual or alleged claims, demands, causes of action, liability, loss, damage and/or injury (to property or persons, including without limitation wrongful death), whether brought by an individual or other entity, imposed by a court of law or by administrative action of any federal, provincial, or local agency, arising out of or incident to any acts, omissions, negligence, or willful misconduct of MVS Canada, or the Carrier, its personnel, employees, agents, or contractors in connection with or arising out of MVS Canada or the Carrier’s actions. The indemnification includes, without limitation, the payment of all penalties, fines, judgments, awards, attorney’s fees, and related costs or expenses, and any reimbursements to MVS Canada for all legal expenses and costs incurred by it.
- Neither party may assign, directly or indirectly, all or part of its rights or obligations under this Agreement without the prior written consent of the other party, which consent shall not be unreasonably withheld or delayed.
- Invalidity or unenforceability of one or more of the provisions in this Agreement shall not affect any other provisions of this Agreement.
- Legal Authority to Transport — Customer affirms that they have the legal authority to transport the vehicle(s) in question.
- Third Party Tracking Devices:
- Any third party tracking devices, including Apple AirTags or similar devices, must be disclosed to MVS Canada prior to shipping as these pose potential safety and privacy issues of all vehicles, customers, and carriers involved.
- If there is a tracking device inside the vehicle, MVS Canada requires a copy of the tracking device owner’s driver’s license with an accurate address on it. If the address is not up to date, a utility bill with an accurate address will be required along with the driver’s license. If the owner of the tracking device does not have a driver’s license, a copy of the shipper’s driver’s license is required.
- If a tracking device is not disclosed but is found inside the vehicle, the carrier may dispose of the device.
- For any major criminal incident involving the vehicle, truck, or trailer that is being tracked, the driver’s licenses of anyone who has a tracking device present will be supplied to the authorities.
- Cancellation and Refund Policy
- The option to cancel a shipping order is available at any time, at no cost and with no cancellation fee, as long as the order has not yet been assigned (dispatched) to a Carrier (transporter). Our services are considered rendered when a Carrier (transporter) is assigned to an order.
- Refunds will be processed on the following Wednesday after the cancellation request.
- Cancellation of an order must be submitted in writing via email sent to firstname.lastname@example.org. MVS Canada does not accept or honor cancellations made via phone call.
- Once a Carrier (transporter) has been assigned (dispatched) to a shipping order, MVS Canada notifies Customer via email (to the email address provided at service booking).
- If Customer decides to cancel the shipping order after a Carrier (transporter) has been assigned (dispatched), a $200.00 CAD cancellation fee will be assessed, plus any applicable Carrier fees, as our services have been rendered. Any remaining balance will be refunded in full.
- If Customer cancels an order after a credit card payment has been processed, a $25.00 CAD fee may be assessed.
Conditions of Carriage — Motor Vehicles
- Liability of Carrier — The carrier of goods described in this contract is liable of any loss of or damage to goods accepted by the Carrier’s agent except as provided herein.
- Liability of Originating and Delivering Carriers — Where a shipment is accepted for carriage by more than one carrier, the originating carrier and the carrier who assumes responsibility for delivery to the receiver/consignee (called the delivering carrier), in addition to any other liability under these provisions, are liable for any loss of or damage to the goods while they are in the custody of any other carrier to whom the goods are delivered from which liability the other carrier is not relieved.
- Exceptions from Liability — The Carrier shall not be liable for loss, damage or delay to any of the goods described in the contract of carriage caused by an act of god, the queen’s or public enemies, riots, strikes, a defect or inherent vice in the goods, an act or default of the shipper/consignor, owner or receiver/consignee, authority of law or quarantine.
- Delay — No Carrier is bound to carry goods by any particular public truck or in time for any particular market or otherwise than with due dispatch, unless by agreement that is specifically endorsed in the contract of carriage and signed by the parties.
- Routing by Carriers — If the Carrier forwards the goods by a conveyance that is not a public truck, the liability of the Carrier is the same as though the entire carriage were by public truck.
- Stoppage in Transit — If goods are stopped and held in transit at the request of the party entitled to so request, the goods are held at the risk of that party.
- Valuation — Subject to Article 8, the amount of any loss or damage for which the Carrier is liable, whether or not the loss or damage results from negligence, shall be the lesser of:
- The value of the goods at the place and time of shipment, including the freight and other charges if paid based on actual cash market value.
- The sum of up to 5,000,000.00 CDN per vehicle and a maximum of $5,000,000.00 CDN per load (depending on Carrier used for transport).
- Declared Value — If the shipper/consignor has declared a value of the goods on the face of the contract of carriage, the amount of any loss or damage for which the Carrier is liable shall not exceed the declared value.
- Shippers/Consignors Risk
- If it is agreed that the goods are carried at the risk of the shipper/consignor, that agreement covers only such risks as are necessarily incidental to the carriage and the agreement does not relieve the Carrier from liability for any loss or damage or delay that results from the negligence of the Carrier or the Carriers agents or employees.
- The burden of proving absence of negligence shall be on the Carrier.
- Notice of Claim
- No carrier is liable for loss, damage or delay to any goods carried under the contract of carriage unless notice of the loss, damage or delay setting out particulars of the origin, destination and date of shipment of the goods and the estimated amount claimed in respect of such loss, damage or delay is given in writing to the originating carrier or the delivering carrier within 24 hours after delivery of the goods or, in the case of failure to make delivery, within two months after the date of shipment.
- The final statement of the claim must be filed within nine months after the date of shipment, together with a copy of the paid freight bill.
- Articles of Extraordinary Value
- No carrier is bound to carry any documents, specie or articles of extraordinary value unless by a special agreement to do so.
- If such goods are carried without a special agreement and the nature of the goods is not disclosed in the contract of carriage, the carrier shall not be liable for any loss or damage in excess of the maximum liability stipulated in Article 7.
- Dangerous Goods — Every person, whether as principal or agent, shipping dangerous goods without previous full disclosure to the Carrier as required by law shall indemnify the Carrier against all loss, damage or delay caused by the failure to disclose and such goods may be warehoused at the shippers/consignors risk and expense.
- Undelivered Goods
- If, through no fault of the Carrier, the goods cannot be delivered, the Carrier shall immediately give notice to the shipper/consignor and receiver/consignee that delivery cannot be made and shall request disposal instructions.
- Pending receipt of disposal instructions,
- The goods may be stored in the warehouse of the Carrier, subject to a reasonable charge for storage, or
- If the Carrier has notified the shipper/consignor of this intention, the goods may be removed to and stored in a public, or licensed warehouse at the expense of the shipper/consignor, without liability on the part of the Carrier, and subject to a lien for all freight and other lawful charges, including a reasonable charge for storage.
- Return of Goods — If a notice has been given by the Carrier pursuant to Article 13, and no instructions have been received within 10 days after the date of such notice, the Carrier may return to the shipper/consignor, at the shipper’s/consignor’s expense, all undelivered shipments for which such notice has been giving. All costs of returning the goods including freight charges and storage charges shall be the responsibility of the shipper/consignor and the Carrier shall have a lien for such charges.
- Freight Charges — If any freight charges are not paid, the Carrier may place a lien on the motor vehicle(s).
- Alterations — Any limitations in the contract of carriage on the Carrier’s liability and any alteration to the contract of carriage shall be signed or initialed by the shipper/consignor and the originating Carrier or their agents and unless shipped and initialed, shall be without effect.