A. Service & Rate Terms

1. Rate proposals are subject to acceptance within 30 days. Activated proposals are subject to review after 90 days, and KTX can adjust the rates if volumes vary from information given.

2. Rates are subject to renewal one (1) year from date of acceptance. Unless otherwise specified in writing, continued application of rates is conditional on the account being in good standing at all times.

3. Full Load rates are based upon shipper's load and count and a maximum weight of 44,000 lbs., unless otherwise specified in writing.

4. Pallet rates are based on a maximum weight of 2,000 lbs. per pallet.

5. All shipments are subject to applicable taxes (GST / QST / HST), which are not included in rate quotations.
    

B. Shipment Requirements

1. All shipments require a proper Bill of Landing with all pertinent information, including: shipper's and consignee's full name, address, phone numbers; prepaid/collect or third party billing; number of pieces (skid/carton/crate/etc.); total weight and/or cube; appointment time; and any special delivery instructions.
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C. Liability & Limitations

1. KTX makes every effort to meet scheduled pickup and delivery times. Transit times are estimates only and are not guaranteed. Delays may result from causes beyond our control, including weather, road or border closures, mechanical failure, labour disruption, civil or international conflict, government action, and incomplete or inaccurate shipment information. KTX is not liable for any indirect, incidental, special, or consequential loss arising from delay, including loss of profit, market, or use.

2. KTX or other partner transporters are not liable for loss, misfortune, harm, or deficiency of any goods conveyed under the Bill of Landing, except where notice of damage is clearly noted on the Bill of Landing at the time of delivery. Any claim for damages must be submitted within 48 hours of the delivery date, accompanies by a copy of the freight bill. Compensation is limited to $2.00 per pound. KTX Transport and partner transporters are not liable for consequential loss or fines resulting from delays in delivery or non-compliance with consignee procedures.

3. The carrier shall not be liable for loss, damage, or delay to any goods described in the Bill of Landing caused by: an act of God; public enemies or riots; strikes; a defect or inherent vice in the goods; an act or default of the shipper, owner, or consignee; authority of law; quarantine; or goods not being in actual custody or control of the carrier.

 

D. Temperature Capability and Limitations

1. KTX equipment is rated to maintain a minimum temperature of -18°C (0°F). KTX does not hold out service for, and cannot accept liability in respect of, commodities requiring carriage below -18°C — including but not limited to ice cream and frozen dessert products, frozen dough and par-baked goods, and custom-frozen meat. Where such commodities are tendered to KTX, they move entirely at the shipper's risk and no claim for loss, damage, deterioration, thaw, refreeze, texture or quality degradation, or rejection by the consignee will be accepted, whether or not KTX had knowledge of the product's temperature requirements.

2. The shipper must state the required setpoint in degrees Celsius on the bill of lading, together with whether continuous or cycle-sentry run is required. Where no setpoint is stated, or where a setpoint below -18°C is stated, KTX will carry at -18°C and shall have no liability arising from that setting.

3. The shipper is responsible for pre-cooling product to the required temperature prior to loading. KTX equipment is designed to maintain temperature, not to reduce it. No claim will be accepted where product was tendered above (or below) its required temperature at time of loading.

4. Temperature recorder data from the trailer's onboard system shall be the governing record of carriage temperature.

5. Equipment Without Temperature Recording: Five-ton units, straight trucks, and local delivery vehicles are not equipped with temperature recording devices. Reefer logs, temperature download reports, and printouts are not available for shipments moved on such equipment and will not be provided, whether requested before, during, or after carriage. The absence of temperature documentation shall not be construed as evidence of improper temperature control or of any breach by KTX, and no claim shall be accepted on the basis that such records could not be produced. Where the shipper or consignee requires documented temperature records, the shipper must request recorder-equipped equipment in writing at the time of booking, subject to availability and applicable rates.

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E. Payment & Credit Terms

1.  Payment terms are full payment within 30 days of the date of delivery (OAC). Customers without approved credit must prepay freight via e-transfer.

2. Interest on Overdue Accounts: The applicant/ client agrees to pay all costs including interest at 4% per month, compounded monthly, on any overdue balance until paid in full. 

3. Invoice Disputes: Any dispute regarding an invoice must be submitted within 48 hours of the delivered date. Failure to do so constitutes acceptance of the charges.

4. Freight Charge Liability: The applicant agrees to be fully responsible for the payment for all freight charges, accessorial charges, storage charges, return freight, and any other related transportation costs arising from shipments arranged through KTX Transport LTD., regardless of any payment arrangements between the applicant and any shipper, consignee, broker, agent, or third party. Under applicable freight transportation principles and the governing Bill of Landing, the shipper and consignee are jointly and severally liable for all freight charges. 

5. In the event the consignee, customer, or any other responsible party refuses or fails to pay freight charges in full, KTX Transport LTD. reserves the right to demand and collect payment from the shipper or any other legally responsible party. The failure of one party to pay shall not release any other party from their obligation to pay all outstanding charges.

F. Credit Account Management

1. Credit Suspension: KTX Transport LTD. Reserves the right to suspend services, refuse shipments, or cease service if payment terms are not maintained.

2. Account Inactivity / Credit Reactivation: If an account remains inactive for a period of three (3) months or longer, KTX Transport LTD. reserves the right to suspend the credit account. The applicant may be required to submit an updated credit application and supporting documentation. 

3. Carrier's Lien: KTX Transport LTD. shall have a general and particular lien on all freight in its possession for unpaid freight charges, storage fees, detention charges, and other related costs. 

4. Collection Costs: The applicant agrees to pay all costs incurred by KTX Transport LTD. in collecting overdue balances, including:​​

   1. Legal Fees

   2. Court Fees

   3. Collection agency fees

   4. Administrative costs​

5. Credit Investigation: The applicant authorizes KTX Transport LTD. to obtain credit reports and verify banking and trade references.