Agreement of Terms
By giving your package(s) to TOWER DIRECT COURIER INC. for carriage, you agree to all the terms stated herein. No company or person is authorized to modify the terms of our agreement.
Limitations of Liability
The placing of a value for an item by the shipper on either a TOWER DIRECT COURIER INC. waybill, online ordering system or on any other documentation accompanying a shipment does not constitute an extension of the insurance on the part of TOWER DIRECT COURIER INC. over that shipment. Only a written agreement between the shipper and an authorized representative of TOWER DIRECT COURIER INC. will suffice for insurance coverage to be extended. In absence of a properly constituted written insurance agreement between TOWER DIRECT COURIER INC. and the shipper, TOWER DIRECT COURIER INC. general liability limits are $1.50 per pound or a maximum total of $50.00 whichever is less. There are limitations on both the maximum amount of the insurance allowed, as well as on the destination to which our insurance coverage may be extended. As well, there are also limitations on the types of items, which maybe insured. In all cases, to insure a shipment, the shipper must contact an authorized representative of TOWER DIRECT COURIER INC. to obtain the necessary insurance paperwork prior to shipping the item in order for insurance to be extended. TOWER DRIECT COURIER INC. will extended coverage to the shipper once all paperwork has been approved by TOWER DIRECT COURIER INC. and the shipper has paid all fees in full at a rate of $6.00 for every $100 in coverage.
TOWER DIRECT COURIER INC. 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 know that such damages might be incurred in any manner resulting from miss-delivery, failure to deliver or delay in delivery, in excess of: (i) in the case of 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 (ii) in the case of delay, a refund of your transportation charges, and (iii) in any other case, an amount equal to our maximum liability. TOWER DIRECT COURIER INC. shall not be liable for loss, damage 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 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.
Rates – Payment
Invoices are payable upon receipt and can be paid by cheque or EFT. Any discounts applied to an order are subject to payment being received on time. Any payment for a shipment that has not been received within 30 days of invoice, TOWER DIRECT COURIER INC. has the option of recalculate all charges present on the invoice to those shown in the current non-discounted tariff. Overdue balances are subject to interest calculate at 2% per month (24% per annum) which shall accrue and be payable to TOWER DIRECT COURIER INC. on all outstanding monies. This is in addition to any legal rights and remedies available to TOWER DIRECT COURIER INC. Any billing/rates issues must be brought to the attention of TOWER DIRECT COURIER INC. within 7 days of the date on the invoice to be corrected. If an error with the bill or rate is found but not brought to the attention of TOWER DIRECT COURIER INC. within 7 days, TOWER DIRECT COURIER INC. will only issue a credit and not a refund for the amount. TOWER DIRECT COURIER INC. must conclude it's investigation of the matter prior to any refund or credit being issued.
Additional Charges
All shipments are subject to additional charges for address corrections, wait times and redirects. Non-document shipments will be subject to additional charges including but not limited to; fuel surcharge, dolly surcharge, dimensional surcharge, heavy/oversized item surcharge, special handling surcharge, article of unusual value/characteristic surcharge, dangerous goods surcharge, residential surcharge, extended/remote location surcharge, packaging reinforcement surcharge. Wait time is billed at a rate of $2.00 per minute, after the first 5 mins, rounded to the nearest half minute.
Responsibility for Payment
All shipping charges are to be prepaid and guaranteed fully by the consignor if charges are to be collect. If for any reason the consignee refuses all charges related to the shipment, the consignor agrees to pay them in full according to the payment terms of TOWER DIRECT COURIER INC. The consignor will also be responsible for any costs we may incur in either returning your shipment to you or warehousing it pending disposition. TOWER DIRECT COURIER INC., reserves the right to bill the receiver of the package sent by our client for all charges relating to the delivery, plus management fees associated with the delivery of the package.
Filing a Claim
Any damage sustained to a shipment must be noted on the waybill at the time of delivery. Otherwise the consignee’s signature or acceptance of the package will constitute a clear receipt. Any notice of concealed damage must be given to TOWER DIRECT COURIER INC. 24 hours after delivery. TOWER DIRECT COURIER INC. will not be liable for such damage or any loss unless written notice thereof is given to TOWER DIRECT COURIER INC. within 24 ours after the consignee received the shipment. Irrespective of this, TOWER DIRECT COURIER INC. will not be held liable for any loss, damage or injury to a shipment exceeding lesser of $1.50 per pound or a maximum total of $50.00
Indemnity
You shall indemnify TOWER DIRECT COURIER INC., our brokers, subcontractors, employees or agents and hold us harmless against all liabilities, losses, claims, damages, cost and expenses of nature whatsoever incurred as a consequence of your non-observance of any regulation of whatever nature which you are required to observe with regard to or in connection with the carriage of the goods shipped.
Delivery Times
Delivery times are estimates and are not always guaranteed. Please speak with an authorized TOWER DIRECT COURIER INC. representative for the full details regarding which locations are covered under the guarantee.
Delivery Confirmation Signature Required
A Shipper may request that TOWER DIRECT COURIER INC. or it’s service partners, agents or affiliates obtain the recipient’s signature on Delivery. An additional fee of $3.50 per signature per package will apply. The Shipper must indicate this request for by selecting “Yes” under the service option of Signature Required on the TOWER DIRECT COURIER INC. online shipping platform. TOWER DIRECT COURIER INC. may obtain at its sole and unlimited discretion, a signature, other electronic acknowledgement of receipt or authorization to release without signature upon from the Receiver when this option is selected.
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.
Partial Invalidity
Any provision or part thereof in this Agreement which is held be invalid shall not invalidate the remainder of the provision or other provisions of this Agreement.
Protection of Customer Information
TOWERdirect Courier fully understands how important privacy is to our customers and any visitor to our Web site. Since the beginning, our mandate has been to keep all information about our clients extremely confidential. TOWERdirect Courier will never sell or give any clients confidential or personal information to any third party not affiliated with their transaction, except as required by law or as necessary to provide service by TOWERdirect Courier. We collect and store information about every package we handle so that we can efficiently provide the package delivery services demanded by our customers. We use information about our customers, their packages, and their shipping activity to provide or enhance the services we make available to our customers, communicate with our customers about additional services they may find of value, satisfy our legitimate business interests (including performing trend analysis and market studies), set prices, establish credit, fulfill a Contract of Carriage or Service Agreement, accomplish the billing function, and comply with government regulations. As we collect and use information about our customers, we may contract with vendors to assist us in processing that information. These vendors are required to maintain the confidentiality of the information and are restricted from using the information for any purpose other than helping to provide TOWERdirect Courier to our customers. Some of the information collected by TOWERdirect Courier is personal data or data which relates to an identifiable person. Examples of personal data are names, addresses, e-mail addresses, credit card numbers and telephone numbers. We never sell information to third parties that could be used to specifically identify an individual customer or group of customers. Anonymous data, with all names, addresses and other personally identifiable information removed, is sometimes shared with third parties. Finally, we will provide personal data to government agencies as required by law or regulation. In addition to the uses of the information described in the paragraphs above, we collect telephone numbers and e-mail addresses in the event that we have to contact the shipper, or the shipment recipient or addressee, to resolve a question or provide shipment status information.
Shipment Information
Information, including personal information (name, address and phone number), provided as part of a shipping transaction represents a record of that business transaction and cannot be altered after the transaction is complete. Although we make reasonable efforts to limit access to our facilities and vehicles to authorized personnel, we are not responsible for maintaining the confidentiality of information that is printed and placed in plain view on a package or letter.
Links to Other Sites
TOWERdirect Courier provides links to external sites as a convenience to the user. The inclusion of any link does not imply TOWERdirect Courier endorsement of the external site company, its web site, or the products and services it promotes and sells. TOWERdirect Courier is not responsible for the privacy practices or the content of such Web sites.
Security Information
TOWERdirect Courier handles our data as assets that must be protected against loss and unauthorized access. We employ information security techniques to appropriately protect confidential information from unauthorized access by users inside and outside the company. Access to customer information is limited to those employees who have a legitimate business need for that information. The TOWERdirect Courier website is located in Toronto, Canada. The TOWERdirect Courier website, and their supporting systems, employs generally accepted information security techniques such as firewalls, and access control procedures to appropriately protect confidential information from unauthorized access.
Retention of Customer Information
We retain information about customers as necessary for business purposes and as required by government regulation. For example, we retain information about packages, including names and addresses, so that we can provide proof of delivery information and to process claim requests. We carefully dispose of records and delete information when retention periods expire.
Customers are Responsible for Protecting Information at their Premises
Some information about TOWERdirect Courier clients and their packages are stored in shipping systems located on customer premises. Customers concerned about the security of their information in these systems should secure it by activating passwords and using physical access controls. When these systems (hardware or software) are provided by TOWERdirect Courier, we provide tools to facilitate customer efforts to safeguard their information. Our website can found at TOWERdirect.ca. Visitors and clients can visit all areas of the TOWERdirect Courier website without revealing who they are or providing any information about themselves. However, to log into our shipping system we do require that clients identify themselves with Account Number, User Name, and a Password.The TOWERdirect Courier shipping system also includes an Address Book that allows users to enter the names and addresses of the people to whom they frequently ship packages or letters. Use of the Address Book is optional. It is provided as a convenience so that users will not have to re-enter frequently used address information. The address information provided is stored in a secure manner on a TOWERdirect Courier cloud system, it is stored in the Address Book, TOWERdirect Courier carefully protect the confidentiality of this information. It will not be used for any purpose other than the original intent.
IP Addresses
TOWERdirect Courier website may collect IP addresses for system administration, security, and statistical analysis purposes. An IP address is a number that is automatically assigned to a computer whenever it is connected to the Internet. We may log these addresses and analyze them to understand where requests originate so that we can provide the most efficient level of service to our clients.
Cookies
Cookies are small text files that a Web site can send to a user's browser for storage on the hard drive. Cookies can make use of the Web easier by saving and administering status, application, preferences and other user information. Most browsers are initially set to accept cookies but users can change the setting to refuse cookies or to be alerted when cookies are being sent. For instructions on how to change cookie settings, look in the Help menu on your Internet browser. We may use cookies (1) to keep track of customer status, business information and preferences related to users of the TOWERdirect Courier shipping system, (2) to administer Web site preferences and other information provided by users visiting www.TOWERdirectdirect.ca, and (3) to understand visitor usage, on an anonymous basis of our website. Other than cookies used in connection with registered users of the TOWERdirect Courier shipping system, cookies used in connection with our website, we do not collect any information that would allow TOWERdirect Courier to identify an individual. TOWERdirect Courier shipping system cookies are placed every time a user logs in and are available for that session only. Cookies used to transfer information from one application to another are available only in the session of that transfer. Anonymous cookies are stored indefinitely on users' hard drives. Although refusal of cookies will not interfere with the ability to interact with our website, users will need to accept cookies in order to log-in and use the TOWERdirect Courier shipping system and in order to use certain functionality provided. Expiration of Data Any personal information within the TOWERdirect Courier shipping system will be deleted if the user does not access the shipping system for 12 months.
Agreement
Your continued use of this site signifies your agree to the TOWERdirect Courier Privacy Policy. We reserve the right, at our discretion, to modify, add, or remove portions of this policy at any time. Please check this page periodically for changes. Please contact TOWERdirect Courier if you have questions about this privacy statement and or the practices of our website.
Copyright © 2014 Tower Direct Courier Inc. - All Rights Reserved.
A UPS Equity Company.
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