Carrier Terms & Conditions
Effective March 2011
1. The service to be provided by BPD is limited to the collection, transportation, and delivery of the shipment by BPD or a carrier contracted by BPD (“Contracted Carrier”). The shipper acknowledges that shipments will be consolidated with those of other shippers for transport and that BPD may not monitor the inbound and outbound movement of individual shipments at all handling centres. BPD is not a common carrier and reserves the right in its absolute discretion to refuse carriage to any package tendered to it for transportation. BPD will not accept hazardous materials or unusual handling. Perishable and temperature sensitive goods will be transported provided that the shipper accepts that this is at its risk. BPD does not provide special handling for such packages.
2. Packages must comply with the restrictions in paragraphs (i) to (iv) below:
(i) Packages must not weigh less than 5.01 oz. and not more than 70 lbs. and must otherwise meet all USPS delivery requirements.
(ii) The value of any package may not exceed USD 500.00.
(iii) Packages must not contain articles of unusual value (such as works of art, antiques, precious stones, stamps, unique items, gold or silver), money or negotiable instruments (such as cheques, bills of exchange, bonds, savings books, pre-paid credit cards, share certificates or other securities), firearms and dangerous goods.
(iv) Packages must not contain goods which might endanger human or animal life or any means of transportation, or which might otherwise taint or damage other goods being transported by BPD or a Contracted Carrier, or the carriage, export or import of which is prohibited by applicable law.
3. The Shipper shall be responsible for the accuracy and completeness of the particulars inserted in the shipping label and for ensuring that all packages set out adequate contact details for the shipper and receiver of the package and that they are so packed, marked and labeled, their contents so described and classified and are accompanied by such documentation as may (in each case) be necessary to make them suitable for transportation and to comply with the requirements of applicable law. Shipper shall comply with the rules and standards required by the final delivery carrier regarding girth and weight limits, and adequate strength of packaging. Shipper will accept the final delivery carrier’s tariffs for non-standard packages, including but not limited to, oversize, balloon, rural delivery, and any other surcharges. BPD reserves the right, but is not obliged, to open and inspect, or scan by means of X-ray, any package tendered to it for transportation at any time.
4. The Shipper guarantees that all packages presented for carriage under these terms comply with the restrictions in paragraphs 2 and 3 above and have been prepared in secure premises, by him (in the case of an individual shipper) or by reliable staff employed by him or (where different) by the party tendering the shipment to BPD and have been protected against unauthorized interference during their preparation, storage and transportation to BPD. BPD relies on this guarantee in accepting any package for carriage hereunder. The shipper will be responsible for the reasonable costs and expenses of BPD (including storage), for such losses, taxes and customs duties as BPD may suffer and for all claims made against BPD because a package does not meet any of the restrictions, conditions or representations herein or because of any refusal or suspension of carriage or return of a package or shipment by BPD. In the case of the return of a package or shipment, the shipper will also be responsible for paying all applicable charges calculated in accordance with the prevailing commercial rates of BPD.
5. BPD’s liability for loss or damage will exist only for loss or damage which occurred during the time of possession by BPD and/or a Contracted Carrier and will cease at the time of delivery to the delivering carrier (e.g., United States Postal Service). As a condition precedent to recovery, claims must be filed in writing within three (3) months after initial tender of the package by Shipper to BPD or a Contract Carrier, as the case may be. Claims may not be filed until thirty (30) days after tender of the package by Shipper for shipments within the Continental United States. By filing a claim, Shipper gives BPD and/or the Contract Carriers the right to salvage and/or destroy packages should they be found at a later time in the possession of BPD or a Contract Carrier.
6. BPD DOES NOT MAKE, AND HEREBY WAIVES AND DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES REGARDING ITS SERVICES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
7. BPD WILL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR (A) CONSEQUENTIAL (INCLUDING BUT NOT LIMITED TO LOST OPPORTUNITIES OR PROFITS), OR PUNITIVE DAMAGES, EVEN IF ADVISED OR MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO ITS SERVICES WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE OR OTHER THEORY) OR OTHERWISE, FOR AN AGGREGATE AMOUNT IN EXCESS OF $100.
8. If a package needs to be returned to Shipper for any reason (damaged, improperly labeled, not labeled, etc.) other than as a result of a negligence or willful misconduct of BPD or a Contract Carrier, Shipper will be responsible for the return shipping charges.
9. This Agreement shall be interpreted and enforced, and all questions arising hereunder shall be resolved and adjudicated in accordance with the laws of the State of Minnesota. In the event of any dispute under this Agreement, in addition to any other damages or relief awarded a party, the prevailing party shall be entitled to reasonable attorneys fees and expenses of such party that are related to the dispute from the other party.
10. BPD’s delay or inability in receiving, loading or delivering Shipper’s freight hereunder is excused when occasioned by event beyond BPD’s control, including, but not limited to, any issues related to or service interruptions caused by war, terrorism, rebellion, riot, Acts of God, authority of law, labor stoppages or other labor trouble.