Frontline Carrier Systems Inc :: On the Forefront of a Changing Transportation Industry

Application of these Service Conditions

Frontline Carrier Systems Inc. ["Frontline"] offers its services to its customers on the basis of these Service Conditions that apply to all activities of Frontline in arranging transportation or related services for its Customers.
Any reference to the word "Customer" in these Service Conditions refers to the person or company who contracts Frontline's services. "Customer" shall also include any i) agent or representative acting for such person or company who contracts Frontline and ii) anyone who provides information to Frontline in connection with a shipment, whether for the purposes of soliciting a Freight Rate Quotation or for any other purpose.
Frontline's services, and the capacity in which it acts, are as set forth elsewhere in this website under "About Us".
Frontline reserves the right to modify, amend or supplement its rates, the nature of its services and these Service Conditions without notice.

Rate Quotations
Freight Rate Quotations issued by Frontline, [referred to below as "Rate Quotations"] will list the shipment[s] to be carried, and describe the services to be provided. Rate Quotations are based upon information provided by the Customer. Final rates and services provided may vary from a Rate Quotation as based on the shipment actually tendered and as provided elsewhere in these Service Conditions.
In preparing a Rate Quotation Frontline has relied on the information provided by the Customer. Information provided to Frontline in connection with a shipment for which a rate quotation is solicited will be recorded by Frontline onto a Rate Quotation Information Form which will be kept on file at Frontline. A Rate Quotation Information Form will not necessarily have been created, and be on file, for accounts employing the services of Frontline prior to these Service Conditions coming into effect. It is the Customer's responsibility to advise Frontline of any changes in information or instructions relating to their shipment. If there are any changes to the instructions initially provided to Frontline the Customer must advise Frontline immediately and in writing, in which case Frontline reserves the right to cancel a previously issued Rate Quotation and to substitute it with a new quotation. A copy of the Rate Quotation Information Form filled out by Frontline during the quotation process can be made available to the Customer upon request.
The Customer must take care to ensure that all necessary information is provided to Frontline and is reflected in a Rate Quotation. Frontline will not be responsible for communicating to the carrier any special handling, storage, security instructions or needs or of the value of a shipment unless the Customer has advised Frontline and this is noted in the Rate Quotation.
The Customer is responsible for advising Frontline if any shipment[s] concern hazardous or dangerous goods, as defined by applicable local, provincial, state or federal legislation or regulation. Absent special agreement, noted in the Rate Quotation, Frontline will have no responsibility as concerns preparation, packaging, placarding and/or signage and for any documentary requirements as may exist at law respecting hazardous or dangerous goods and it will not be considered to be a handler of such product. Frontline will advise the carrier of the hazardous or dangerous nature of a shipment[s] if and when advised and this is noted in the Rate Quotation.
Frontline reserves the right to cancel a Rate Quotation if the shipment actually tendered for carriage deviates from or is different from that as described in that Rate Quotation.
The Customer's attention is drawn to the fact that a carrier may have a defense to a claim for loss, damage or delay in delivery of goods, including a limitation of liability. You [or the actual shipper, if someone else] have the option of determining if a declaration of a value is to be given to the carrier on a bill of lading or another carriage document. Frontline shall not be responsible for the declaration of a value of a shipment[s] to a carrier. The declaration of a value is an item to be addressed between the shipper tendering a shipment[s] and the carrier to whom goods are tendered. If Frontline is advised by the Customer of the value of a shipment, and this is noted in the Rate Quotation, Frontline will communicate this information to the carrier for information purposes only but this advice will not be in lieu of, nor shall it be taken to be any declaration of a value to such carrier. In the event that a value is declared by a shipper on a bill of lading or on any other carriage document Frontline reserves the right to cancel the Rate Quotation and to substitute it with a new one.
Any Rate Quotation issued by Frontline is subject to carrier availability. Frontline shall be entitled to cancel a Rate Quotation in the event that for any reason a carrier is not available to carry a shipment.
Rate Quotations issued by Frontline will expire on the Expiry Date as listed thereon, unless extended, amended, or cancelled in writing, by Frontline.
Absent special arrangement, as reflected in the Rate Quote, it is agreed that the carrier of any shipment will receive same on a 'shipper's load, stow and count' basis. The Customer, or its shipper or consignor representative at origin tendering freight to a carrier remains responsible for any count, inspection, packaging [and internal securement of goods] and assurance that the shipment is transitworthy for carriage.

Frontline Limitation of Liability
By accepting a Rate Quotation and in using the services of Frontline the Customer agrees that subject to paragraphs 15, 16 and 18 below that any liability, whether for breach of any contract or duty or in negligence as may be alleged as against Frontline in connection with any shipment is limited to the lesser of:
1. the actual value of the goods lost or damaged at the time and place of origin;
2. an amount equal to $2.00 CDN per pound, as calculated by the value of the goods actually lost or damaged.
But in no event shall any liability of Frontline exceed an amount of $100,000 CDN in respect of any loss or damage to a shipment. In the event that the Customer, or its shipper or consignor representative decides to declare a value [whether in excess of the limitation amount set forth above, or within same] it should make arrangements with the carrier by making this declaration on the bill of lading or such other carriage document as is issued by the carrier.
The Customer agrees that it will not in any event file a claim against Frontline, as based on any cause of action, where the amount calculated under clause 14 above results in a claim of less than $100 CDN.

Frontline not liable for any claims for Consequential Damages
The Customer agrees that Frontline shall in no event be liable whatsoever for any claims in respect of consequential damages, including but not limited to damages for loss or damage to goods or for any delay in delivery of a goods to destination. The reference to "consequential damages" herein shall include, but not be limited to, the following:
1. Damages alleged to have been caused by the delay in the delivery of any shipment[s] to destination, together with any incidental costs associated with delay;
2. Damages alleged to have been caused by the non-delivery of any shipment[s] to destination, together with any incidental costs associated with any loss, and
3. Damages claimed over and above:
1. the actual value of any shipment[s] which are physically lost, or
2. an amount reflecting direct injury or damage sustained by a shipment[s].
Notice of Intent to claim for Goods lost, damaged or delayed in delivery
As there may exist time deadlines to file a notice of intent to claim on a carrier it is recommended that you provide us with notification of a loss, damage or delay to a shipment immediately. When you notify Frontline of a problem with a shipment, Frontline will, acting as your agent, make reasonable attempts at providing the carrier with details of the problem together with a Notification of Intent to Claim against such carrier to protect your interests. Frontline will, acting as the Customer's agent only, facilitate resolution of the claim by providing necessary claims information to the carrier and acting as intermediary between the Customer and the carrier as the claim is processed.
In the event there is intent to claim against Frontline in connection with any loss or damage the Customer must immediately notify Frontline in writing, and in any event no later than 30 days from the date of such loss or damage, or in the case of the non-delivery of the shipment at destination, within a period of 30 days from when the shipment was reasonably expected to have been delivered. Frontline will not be liable in any event for any claim whatsoever if it is not provided with a Notice of Loss within this time period, setting forth the Customer's notification of claim against Frontline, and the particulars of the shipment and the bill of lading concerned. Further, as a pre-condition to the filing of any claim against Frontline, any billing by Frontline to a Customer in respect of the shipment concerned must be paid in full.
Frontline and the Customer agree these Service and Conditions, and any and all services provided by Frontline shall be governed by and construed in accordance with the laws of the province of Ontario. Frontline and the Customer submit to the exclusive jurisdiction and venue of the court of the province of Ontario.