APPLICATION OF TARIFF
The rates, charges and regulations named in this tariff, plus the current Canada Customs regulations, will apply on all goods imported or exported by Motor vehicle and handled, or processed, through the sufferance warehouse and all motor vehicles parked in the warehouse parking facilities.
CHARGE FOR THE USE OF WAREHOUSE
This charge covers only the use of the floor space utilized, pending lawful removal of the shipment. The charge applies to all shipments that are moved into or out of the Sufferance Warehouse.
CHARGES FOR SHIPMENTS OR GOODS NOT WAREHOUSED
Those shipments, which are not physically handled into the Sufferance Warehouse, will be assessed charges under this item. This includes, but is not restricted to items such as:
· Full loads clearing on a trailer
· Partial loads clearing on a trailer
· Furniture van
· Other vehicles - cars trucks or vans
Shipments held pending compliance or delay caused by the owner, carrier, importer or importers representative, are subject to a storage charge. This charge will begin 48 hours after the arrival of an LTL shipment and 24 hours after the arrival of TL/FCL shipments. The 48 hours shall be computed from 1630 hours on the first day of arrival exclusive of Saturdays, Sundays and Statutory Holidays. Once storage has started charges are to include Saturdays, Sundays and Statutory Holidays. Storage stops the day release is received from CBSA.
CHARGE FOR HANDLING
Where an employee or agent of the Sufferance Warehouse provides the service of loading, unloading, or moving the freight to or from the warehouse or within the warehouse charges will apply. The use of the forklift to transfer goods by any qualified person, will be assessed handling charges under this item.
CHARGE FOR ISSUANCE OF CUSTOMS MANIFEST
At the request of the carrier, and at the convenience of the Sufferance Warehouse, the Sufferance Warehouse will issue a Customs Cargo Control Document (for example for A8A to correct pieces, weight or description).
CHARGES FOR REMANIFESTING OF SHIPMENTS
Those shipments which are not clearing Customs at this port, but are being re-manifested or diverted to another port or a de-consolidators warehouse or another sufferance warehouse will be assessed charges under this item for the issuance and processing for each document related to the re-manifesting. These charges are in addition to the Fee for Use of Warehouse or Shipments not Warehoused.
OTHER WAREHOUSE SERVICES
This charge is applied where an employee or agent of the sufferance warehouse is required, by either Canada Customs or the importer to:
· Attend and assist in the opening and closing of pieces during an examination of a shipment.
· To mark, label, re-label a shipment or portions thereof for clearance or furtherance purposes
· As general labour as may be required from time to time.
DELAY IN CLEARANCE OR REMOVAL
The Sufferance Warehouse will not be held responsible for any delay in clearance or removal of goods detained by any government or carrier or shipper or consignee or their agents regardless the reason. Should a delay cause the Sufferance Warehouse to incur any expense of any nature, that expense shall be charged against the goods. The goods will not be released until such charges are paid or satisfactory payment arrangements are made with the Sufferance Warehouse.
DEFINITION OF TERMS
MOTOR VEHICLE - Means any vehicle, machine, tractor, trailer, semi-trailer, or combination of the same, self propelled or drawn by mechanized power.
A SHIPMENT - The goods described on a Canada Customs Cargo Control Document will constitute a single shipment.
SUFFERANCE WAREHOUSE - Means a place licensed as a sufferance warehouse by the Minister under section 24 of the Customs Act for the examination of imported goods that have not been released and that are still in transit.
WAREHOUSE PARKING FACILITIES - Those portions of the compound surrounding the Sufferance Warehouse designated from time to time as Parking facilities.
LIEN ON GOODS
In the event that the Sufferance Warehouse has a valid lien against goods, it may refuse to deliver or effect transfer of the goods until the lien is satisfied. Storage charges will continue to accrue during any such valid refusal.
All shipments are subject to a minimum density requirement of 10 lbs. Per cubic foot, shipments occupying more than 20 lineal feet of trailer space are subject to a minimum density requirement of 1000 lbs. Per lineal foot of space occupied.
LIMITATION OF LIABILITY
· The goods are not insured by the Sufferance Warehouse nor do storage charges include insurance.
· The responsibility of the Sufferance Warehouse in the absence of written provisions, is the reasonable care and diligence required by law.
· All goods are stored at owners risk of loss or damage, by fire or explosion from any cause; flood, wind, storm, earthquake or other acts of God, war, insurrection, not civil or military authority, strikes, lock-outs, picketing or any other labour trouble, shrinkage in weight, loss in quality, or due to the inherent or perishable nature of the commodity, or by insufficient cooperage, boxing, crating or packaging, or any cause beyond the control of the Sufferance Warehouse. No responsibility will be assumed for loss of goods by leakage or water, unless such damage is caused by failure of the Sufferance Warehouse to exercise the ordinary care and diligence required by law. All storage, handling and other charges must be paid on goods lost or damaged by any of the above causes.
· The Sufferance Warehouse will not provide refrigeration or cooling facilities and will not be liable for any loss or damage to perishable goods or goods which are susceptible to damage through temperature changes.
· The Sufferance Warehouse will not be liable for any loss or damage to uncrated goods or to works of art, paintings, statues or sculptures, all of which goods are stored at owners' risk.
· The liability of the Sufferance Warehouse arising from legal responsibility shall be limited to the actual value of the lost or damaged goods as set out in the origin carriers, bill of lading contract.
· The Sufferance Warehouse is not in any case or under any circumstances, whether negligent or not, responsible for any loss or damage to goods unless and until notice in writing of such loss or damage, together with full detailed particulars thereof, is given to the Sufferance Warehouse within 36 hours after the bailor or owner of the goods may become aware of such loss or damage or takes delivery of the goods or any portion thereof, whichever event may first happen.
Notwithstanding the foregoing, the Sufferance Warehouse whether negligent or not, shall be in no way responsible for the safety or security of any Motor Vehicle parked in the compound or for any shipments not physically handled into the Sufferance Warehouse and all such Motor Vehicles or shipments shall be left at owners risk of loss or damage howsoever caused.
Unit No. 1,